By using Our Website, you agree to these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms and Conditions, you should not use our website and, if applicable, you should arrange to cancel your registered user account or subscription with us.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE.
A. “Christine Carter Fit, LLC” is a trademark of Christine Carter Fit, LLC, and also refers to proprietary Weight Loss and Personal Training programs created by and exclusively owned by Christine Carter Fit, LLC. As used herein, references to “Christine Carter Fit, LLC” as a party means and refers to Christine Carter Fit, LLC and its owner(s), parent company(yes), affiliate entities, employees, and assigns.
B. “Member” refers to a person who has acquired a Christine Carter Fit, LLC membership subscription. “Membership” refers to a Member’s Christine Carter Fit, LLC subscription.
C. “Parties” mean Christine Carter Fit, LLC and You. Christine Carter Fit, LLC and You are each a “Party.”
D. “Terms” mean and refer to the Terms and Conditions set forth herein.
E. “Trainer” means and refers to the Christine Carter Fit, LLC employee, agent, or contractor who will assist You with Your fitness goals, as further defined herein.
F. “We,” “Us,” and “Our” mean and refer to Christine Carter Fit, LLC.
G. “Website” means and refers to this and any other website operated by Christine Carter Fit, LLC.
H. “You” and “Your” means the Member who has executed this Agreement by acquiring a membership subscription.
By registering to use the Website, or procuring a Membership, You represent that You have reached the age of majority where You Live. You further represent that that You have the Legal capacity to accept these Terms, and to use the Website in accordance with these Terms.
Christine Carter Fit, LLC Membership and Subscription
Christine Carter Fit. LLC can change any paid-for membership subscription price detailed on the website or in any pre-contract information (including these Terms and Conditions), at any time. Prices charged will be those confirmed to you at the time you submit your application for membership.
If you wish to cancel your Christine Carter Fit, LLC Membership subscription at any time, you must give us the following notice by submitting a cancellation request to us via our support email address to cancel your subscription. For monthly Membership subscriptions, a cancellation request must be received twenty-four (24) hours prior to membership renewal. Memberships are renewed every 30 days after your initial purchase. To request a cancellation, send an email to: firstname.lastname@example.org
A member is responsible for paying all sums due to Christine Carter Fit, LLC in connection with their membership in accordance with these Terms and Conditions. The first membership fee payable in accordance with these terms is due when the membership account is setup and payment of the membership subscription fee is a condition of membership. Every calendar month, your membership account will be charged the subscription fee for the following months' subscription. Failure by the Member to use any of the services available for a member through its subscription to Christine Carter Fit, LLC does not relieve the member of his/her payment obligations under these Terms and Conditions. Potential registrants and/or members can pay by Credit Card or Debit Card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or member's financial data (as well as subscription package data) to Stripe online payment system for processing. You acknowledge that we hold data regarding the subscription package that is being signed up for by the member, including the last four digits and the expiration date of the card used to purchase the subscription package together with details on when payment of fees are due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms and Conditions), and therefore authorizes the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount). You specifically authorize Stripe to collect payment for fees from the member's Credit Card or Debit Card provided to Stripe and to forward payment of the fees to us.
You agree that you will NOT send credit card details to Christine Carter Fit, LLC directly and that ALL credit card transactions shall be processed through Stripe via the website. Christine Carter Fit, LLC cannot be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further Terms and Conditions required by Stripe may apply, and can be found at www.stripe.com. Christine Carter Fit, LLC reserves the right to immediately terminate a member's account and/or service for any unpaid (in whole or part) period of membership subscription (with or without notice). Termination of service in no ways relieves or excuses the member from any obligation to pay outstanding charges or expenses.
In addition to any fees, Christine Carter Fit, LLC may also charge applicable value added or other tax.
You have our permission to electronically copy and print hard copies of pages from this web site for your personal use only, and only to the extent necessary to place an order or shop with us. Any commercial use of such copies is strictly prohibited, unless we give you written permission in advance. Any other use of the website, its content, and its information, including linking or framing to any website, is strictly prohibited.
All aspects of our website are protected by USA and international copyright and trademark laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, Christine Carter Fit, LLC icons, video and audio clips, and downloads. No material on any website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, and/or transmitted in any way whatsoever. The Christine Carter Fit, LLC trademark and logo are proprietary marks of Christine Carter Fit LLC, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, and/or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, and/or confidential information owned by Christine Carter Fit, LLC.
User Communication/Authorization to use Photographs
Christine Carter Fit, LLC is pleased to hear from users and welcomes your comments regarding our services. You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with Christine Carter Fit, LLC on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively 'User Communications'). By transmitting or posting any User Communications. You represent and warrant that such User Communications are Your own original work and will not infringe or violate any copyright. trademark. trade secret. rights of privacy, rights of publicity or any other applicable laws. Christine Carter Fit, LLC does not endorse or sponsor any User Communications submitted by You or other Members.
You grant Christine Carter Fit, LLC permission to use any and all photographs taken by Christine Carter Fit, LLC or its agents or employees, or submitted by You to Christine Carter Fit, LLC (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Christine Carter Fit, LLC or any product or service sold and marketed by Christine Carter Fit, LLC. You agree that this authorization to use Photographs may be assigned by Christine Carter Fit, LLC to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Christine Carter Fit, LLC in exchange for this Release and Assignment. You hereby release and forever discharge Christine Carter Fit, LLC from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
Christine Carter Fit, LLC reserves the right to terminate any Member's Membership and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the Member.
No Medical Advice Provided
The content on this Website and any information (including but not Limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as 'information') provided by Christine Carter Fit, LLC is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.
This dietary program is not intended for use by children under the age of 18. The dietary needs of minor children are different than adults. You should consult Your physician or other qualified health provider before beginning this or any other dietary program. At any time You have questions regarding a medical condition, You should seek the advice of Your physician or other qualified health care provider.
None of the contents of this Website or any information provided by Christine Carter Fit, LLC are intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this Website or any information provided by Christine Carter Fit, LLC, are solely the opinions of the authors. Christine Carter Fit, LLC, their affiliated companies, nor any of their employees assumes any liability for the contents of any materials provided on the Website or any information provided by Christine Carter Fit, LLC. Reliance upon any opinion or advice provided on the Website, via telephone, online chat or emails at Your own risk.
Food Allergy Disclaimer
Christine Carter Fit, LLC makes every attempt to provide accurate nutrition and ingredient information for every product on Our menu. We take food safety very seriously: however, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the commercial foods We use could change the formulation at any time, without notice.
Please be aware that Our facility handles nuts and foods that may contain nuts or nut oils.
Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by Christine Carter Fit, LLC is at their own risk.
You must commit to Your training program 100% to achieve Your goals. You are required to wear appropriate clothing and footwear. You understand and agree that it is Your responsibility to inform the Trainer of any conditions or changes to Your health, now and on-going, which may affect Your ability to exercise safely and with minimal risk of injury. If Your Trainer requires further medical information from a practitioner. You must provide such information.
Links to Other Websites
This Site may contain links to other websites. Christine Carter Fit, LLC assumes no responsibility for the content or functionality of any non- Christine Carter Fit, LLC website to which we provide a link.
THE MATERIALS ON THIS WEBSITE ARE PROVIDED 'AS IS" WITHOUT WARRANTIES OF ANY KIND. EITHER EXPRESSED OR IMPLIED. INCLUDING WITHOUT LIMITATION. WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, CHRISTINE CARTER FIT, LLC WEIGHT LOSS EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE. YOUR USE OF ANY WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. CHRISTINE CARTER FIT, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ANY WEBSITE.
Christine Carter Fit, LLC will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Christine Carter Fit, LLC. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Christine Carter Fit, LLC shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
Limitation of Liability
YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT CHRISTINE CARTER FIT, LLC IS NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’S GROSS NEGLIGENCE. YOU AGREE THAT NEITHER CHRISTINE CARTER FIT, LLC NOR YOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL CHRISTINE CARTER FIT, LLC LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO CHRISTINE CARTER FIT, LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST CHRISTINE CARTER FIT, LLC OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
You agree to protect, defend, indemnify and hold harmless Christine Carter Fit, LLC, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Christine Carter Fit, LLC for liability for payments for, damages caused by, or other liability relating to You.
Assignment of Rights
Christine Carter Fit, LLC may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Christine Carter Fit, LLC’s express written consent.
If You have any questions or complaints concerning any of the Terms, You may contact Christine Carter Fit, LLC by e-mail at email@example.com
, or by regular mail at PO Box 3054 Grapevine, TX 76099.
or by telephone at 469-929-0061.
Digital Millennium Copyright Act
If You believe that materials or content available on any Christine Carter Fit, LLC Website infringes any copyright You own, You or Your agent may send Christine Carter Fit, LLC a notice requesting that Christine Carter Fit, LLC remove the materials or content from the Christine Carter Fit, LLC Website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Christine Carter Fit, LLC a counter-notice. Notices and counter-notices should be sent to Christine Carter Enterprises LLC, Attention Legal Department, at PO Box 3054 Grapevine, TX 76099, or by e-mail to firstname.lastname@example.org.
Arbitration, Governing Law, and Attorneys’ Fees
Any claim or grievance of any kind, nature or description that You have against Christine Carter Fit, LLC including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Dallas, Texas. You agree not to file suit against Christine Carter Fit, LLC or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assignees. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Christine Carter Fit, LLC. In the event that Christine Carter Fit, LLC and You are unable to reach agreement on an Arbitrator, You and Christine Carter Fit, LLC will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Dallas, Texas. The arbitrators selected by You and Christine Carter Fit, LLC will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Christine Carter Fit, LLC and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Texas without regard to any choice of law provisions.
You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Christine Carter Fit, LLC the general public, or on behalf of other persons or entities similarly situated. Claims brought against Christine Carter Fit, LLC may not be joined or consolidated with claims brought by anyone else.
Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
Nothing in this Agreement prevents Christine Carter Fit, LLC from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Christine Carter Fit, LLC’s rights prior to, during, or following any arbitration proceeding.
You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Christine Carter Fit, LLC commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by Christine Carter Fit, LLC of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.