
ACCEPTANCE
The following terms and conditions ("Agreement") govern the use of the Key2bFit Web site ("Site"). By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, please do not use this Site.
Key2bFit, LLC may revise and update these Terms and Conditions at any time. Please periodically review the Terms and Conditions posted on this Web site because your continued usage of this Web site (the "Site") will mean you accept those changes.
AGREEMENT
The content, product and materials for all Key2bFit products and services, as well as any and all information presented by Key2bFit on the website, in our email correspondence, newsletters, books, fulfillment materials, videos, dvds, or through contact with customer service is not intended to substitute for or supersede medical counseling, diagnosis, or treatment. Before implementing any of the information or recommendations presented, consult with your physician or health care practitioner. Some diagnoses, treatments and prescriptions given by your physician or health care practitioner may be in contradiction with certain recommendations or information given by Key2bFit. All content delivered through Key2bFit is intended to educate consumers on diet, exercise and health related topics, but such content is not intended to replace or preclude any medical advice or prescription from a licensed medical practitioner. If you are currently on any prescription medications or have any adverse physical condition or ailment, please discuss the Key2bFit program and its content with your prescribing physician to ensure that any diet or fitness related information given to you by Key2bFit is appropriate for your condition of health. Customers agree to not disregard, delay or avoid seeking advice from their physician when in reliance on Key2bfit products or services. If you have any health related questions or questions about your medications, please discuss them with your physician.
PERSONAL USE
Unless otherwise specified, the content delivered through Key2bFit is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Website or any other Key2bFit materials.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREEE THAT KEY2BFIT PROGRAMS AND PRODUCTS ARE DESIGNED FOR PEOPLE IN GOOD HEALTH. KEY2BFIT, ITS OFFICERS, DIRECTORS, OR EMPLOYEES ASSUME NO LIABILITY (JOINTLY OR SEVERALLY) OR RESPONSIBILITY FOR ANY CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE USE OF KEY2BFIT PRODUCTS, SERVICES OR THE WEBSITE. THIS INCLUDES ANY AND ALL ILLNESSES, INJURIES, ACCIDENTS, INCLUDING THOSE ACTIVITIES, ILLNESSES OR INJURIES RESULTING IN ANY OTHER INJURY, DEATH, OR TERMINAL MEDICAL CONDITION THAT OCCURS WHILE USING, OR AS A RESULT OF USING, KEY2BFIT PRODUCTS, SERVICES OR THE KEY2BFIT WEBSITE; UNAUTHORIZED ACCESS TO OR ALTERNATION OR LOSS OF YOUR TRANSMISSIONS FOR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR ANY KEY2BFIT PRODUCTS OR SERVICES; OR ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE OR THROUGH KEY2BFIT PRODUCTS OR SERVICES. KEY2BFIT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, EXCEPT FOR REPLACEMENT OF ANY PHYSICALLY DEFECTIVE PRODUCT PROVIDED TO YOU BY KEY2BFIT.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY HERIN PROVIDED AND IN LIEU OF ALL OR ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, THE MATERIALS CONTAINED ON THE WEBSITE AND THROUGH ALL KEY2BFIT MATERIALS AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KEY2BFIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT DELIVERED THROUGH ANY KEY2BFIT PRODUCT OR SERVICES; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED THROUGH ANY KEY2BFIT PRODUCT OR SERVICES; OR ANY CONDUCT BY USERS OF THE WEBSITE. EXCEPT AS HEREINAFTER EXPRESSLY PROVIDED THE ONLY WARRANTY PROVIDED IS FOR REPLACEMENT FOR ANY DVD, TAPE, OR WRITTEN MATERIAL THAT IS DEFECTIVE IN MANUFACTURE AND WHICH IS RETURNED TO KEY2BFIT WITHIN 7 DAYS OF RECEIPT. ANY SUCH DEFECTIVE PRODUCT WILL BE REPLACED WITHIN 7 DAYS OF ACTUAL RECEIPT BY KEY2BFIT AND DELIVERED BY FIRST CLASS MAIL TO THE LAST ADDRESS PROVIDED TO KEY2BFIT. TO OBTAIN A REPLACEMENT PRODUCT THE PURCHASER AGREES TO PROVIDE A WRITTEN DESCRIPTION OF THE DEFECT TO ACCOMPANY THE RETURN OF THE PRODUCT IN ODER TO MAKE A CLAIM UNDER THIS EXCLUSIVE WARRANTY. KEY2BFIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.
INDEMNITY
You agree to defend, indemnify, and hold harmless Key2bFit, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, expenses, damages, and costs, and reasonable legal and accounting fees, alleging or resulting from your use or acquisition of any Key2bFit product or service through the use of this website or otherwise or your breach of the Terms of Use. Key2bFit shall provide notice to you within two weeks or notification to Key2bFit of any such claim, suit, or proceeding.
LINKS TO THIRD PARTY SITES
This site may contain hyperlinks to web sites operated by parties other than Key2bFit, or its affiliates. Such hyperlinks are provided for your reference only. Key2bFit does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by Key2bFit to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the Key2bFit privacy policy is applicable only when you are on our site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.
INTELLECTUAL PROPERTY
The elements of this website, including, but not limited to, text, graphics, logos, designs and photographs, are protected by United States and international copyright and trademark or other proprietary rights and laws. They should not be reproduced or used without express permission from Key2bFit. The elements of Key2bFit products or services, including text, graphics, logos, designs, videos, fulfillment materials, nutrition and fitness guides, tools, and information, business methods and photographs are protected by United States and international copyright laws. They should not be reproduced, copied, distributed, republished, downloaded, displayed, posted, transmitted, or used in any form or by any means without prior express written permission from Key2bFit, LLC.
USE OF SUBMISSIONS
You grant Key2bFit the right to use, reproduce, modify, distribute, and display any material, including your testimonials, that you supply or communicate to the Site for any purpose related to the Site and the performance of the Services.
SECURITY & PRIVACY
The security of your personal information is important to us. When you enter sensitive information on our membership or order forms, we encrypt that information using 128-bit Secure Socket Layer (SSL) technology.
Personally identifiable information of individual subscribers and users will not be sold or otherwise transferred to unaffiliated third parties without the subscriber’s or user’s prior consent.
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