PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY AND MEDICAL DISCLAIMER, BEFORE USING THE WEB SITE, OUR SOCIAL MEDIA WEB SITES (IN ADDITION TO ANY TERMS AND CONDITIONS OF SUCH SOCIAL MEDIA WEB SITES), MOBILE APPS OR ANY OF OUR ONLINE SERVICES PROVIDED BY US OR THROUGH OUR THIRD PARTY SOFTWARE PROVIDERS (COLLECTIVELY, THE “SERVICES”).

BY ACCESSING OR USING THE SERVICES, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THE SERVICES.

PERFECT FIT NUTRITION, LLC, A MISSISSIPPI LIMITED LIABILITY COMPANY (“COMPANY”, WE”, AND “US”) RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS AT ANY TIME, EFFECTIVE UPON THEIR POSTING. HOWEVER, IN THE RARE EVENT THAT WE MAKE A SUBSTANTIAL CHANGE THAT WOULD IMPACT HOW YOUR PERSONAL DATA IS USED OR OTHER IMPORTANT RIGHTS YOU HAVE, WE WILL INFORM YOU OF SUCH CHANGES BY SENDING YOU AN EMAIL TO YOUR ACCOUNT ON FILE AND/OR BY POSTING A PROMINENT NOTICE WITHIN THE MEMBERSHIP SITE TO GIVE YOU AN OPPORTUNITY TO DECIDE WHETHER TO ACCEPT SUCH CHANGES AND CONTINUE WITH OUR SERVICE, OR WHETHER YOU WISH TO DECLINE SUCH CHANGE AND CANCEL YOUR SERVICE.  

COMPANY OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; COMPANY MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION.  IN THE RARE EVENT THAT COMPANY EVER DECIDES TO DISCONTINUE A PARTICULAR SERVICE YOU HAVE PAID FOR, COMPANY WILL EITHER FULFILL THE SERVICES FOR THE DURATION OF THE TERM THAT YOU PAID FOR, OR, IN COMPANY’S SOLE DISCRETION, WILL OFFER YOU A REFUND FOR THE SERVICES THAT WERE NOT YET RENDERED.

Except as specified elsewhere herein, Your use of the Services after any changes are implemented constitutes your acceptance of the changes. As a result, COMPANY encourages you to consult the Terms and Conditions each time you use any of the Services.

 

MEDICAL DISCLAIMER AND RELEASE

  1. Limitation of Warranties / “As-Is” Information
  2. The entire contents of this website and nutritional or coaching services provided by PERFECT FIT NUTRITION, LLC, a Mississippi Limited Liability Company (hereinafter referred to collectively as “COMPANY”, “We”, and “Us”) are provided “as-is” without any representations or warranties of any kind, express or implied.
  3. COMPANY is not a medical organization and our staff will not provide you medical advice or diagnosis. The information and materials provided by COMPANY should not be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any third party’s products or services.
  4. Professional Assistance
  5. The information on this website and coaching services offered are for informational purposes only and are not intended to replace a one-on-one relationship with a qualified health care professional such as a physician.
  6. You are urged and advised to seek the advice of a physician before beginning any nutritional program, weight gain effort, weight loss effort or exercise regimen.
  7. If you have specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
  8. You should never delay in seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.
  9. COMPANY encourages you to make your own health care decisions based upon your own research and in partnership with a qualified health care professional. If you think you have a medical emergency and are in the U.S., call 911 immediately. Outside the US, call your emergency hotline number.
  10. This Website and the services offered by COMPANY are only intended for use by healthy adult individuals who are 18 years of age or older.
  11. Liability
  12. Except as limited by the applicable laws, COMPANY and its officers, employees, contractors, and vendors expressly disclaim responsibility, and shall have no liability for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained on this website or provide by COMPANY.
  13. COMPANY is also not liable for and does not endorse any specific tests, procedures, products, opinions or other information that may be provided on linked websites.

 

ACTIVITY DISCLAIMER AND RELEASE

  1. Limitation of Warranties / “As-Is” Information
  2. The entire contents of this website and nutritional or coaching services provided by PERFECT FIT NUTRITION, LLC, a Mississippi Limited Liability Company (hereinafter referred to collectively as “COMPANY”, “We”, and “Us”) are provided “as-is” without any representations or warranties of any kind, express or implied.
  3. COMPANY is not a personal trainer nor does it warrant that any individual posting workouts or exercise suggestions are as well. The information and materials provided by COMPANY should not be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any third party’s products or services.
  4. Activities

 

  1. Should you elect to follow any fitness regime or exercise posted here, through a third party service, or otherwise then you acknowledge, agree, and represent that you understand the nature of these Activities and that you are qualified, in good health, and in proper physical condition to participate in such Activities. You further agree and warrant that if at any time you believe conditions to be unsafe, you will immediately discontinue further participation in the Activity or Activities as applicable.

 

The activities that may occur include but are not limited to:

  1. Functional Fitness– a combination of cardiovascular or plyometric movements (running, jumping, lunging, ladder drills, jump roping, box jumping, rowing, biking, swimming, etc.) with strength training movements indicated in the Weightlifting section. Also included in these activities may be body weight movements including but not limited to pull ups (assisted or weighted), ring rows, planks, push ups, squats, ladder drills, rope climbs, etc.;
  2. Weightlifting– Olympic weightlifting and powerlifting. These includes activities like, but not limited to, squats, deadlifts, bench press, overhead presses, snatch, cleans, jerks, bent rows, single arm or single leg presses/squats/rows/extensions, weighted or unweighted back extension, glute ham developer work, etc;
  3. Obstacle Course Training– any combination of a and b or climbing a peg board, pull ups, rope climbs, running through hilly terrain, hurdling, jumping, swinging, or swimming;
  4. Personal Training– any combination of a, b, or c on a one on one basis; and
  5. Programming (At-Home Or Off Premises Virtual Workouts)– any combination of a through d that occurs outside of the physical space of PERFECT FIT NUTRITION, LLC.
  6. Liability
  7. Except as limited by the applicable laws, COMPANY and its officers, employees, contractors, and vendors expressly disclaim responsibility, and shall have no liability for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained on this website or provide by COMPANY.
  8. COMPANY is also not liable for and does not endorse any specific tests, procedures, products, opinions, exercises, workouts or other information that may be provided on linked websites or posted by members in message boards, groups, or in conjunction with PERFECT FIT NUTRITION’s pages or services.

 

LIABILITY RELEASE

BY UTILIZING THIS WEBSITE AND PERFECT FIT NUTRITION, LLC SERVICES, AND BY SIGNING THIS AGREEMENT WHETHER IN PERSON OR ELECTRONICALLY, YOU HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE FOLLOWING RELEASEES:

  1. Perfect Fit Nutrition, LLC and any subsidiary or DBA of the company;
  2. Constance Shelby;
  3. Any employees or independent contractors of the COMPANY; and
  4. Subsection a through d’s respective administrators, directors, agents, officers, members, volunteers, and employees

 

FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES”, INCLUDING NEGLIGENT RESCUE OPERATIONS OR OMISSIONS, OR INTENTIONAL ACTS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.

 

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY, ITS PARENTS, AFFILIATES, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.

 

I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

 

DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. NEITHER COMPANY, ITS PARENTS, AFFILIATES, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICES.

THE SERVICES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT COMPANY IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES COMPANY FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, COMPANY, its parents, affiliates, employees, agents, independent contractors, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers of the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions. COMPANY reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification, in which event you will fully cooperate with COMPANY in asserting any available defenses.

GOVERNING LAWS AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Mississippi. You hereby consent to binding arbitration in the State of Mississippi to resolve any disputes arising under this agreement.

ARBITRATION OF DISPUTES

Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of the Services or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Rankin, Hinds, or Madison Counties in Mississippi. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Mississippi. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery.  Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEB SITE OR THE SERVICES OFFERED HEREUNDER, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.  YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

 IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE OR THE SERVICES OFFERED THROUGH THIS WEB SITE.

CLASS ACTION WAIVER

ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, THE SERVICES OFFERED THROUGH THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

ATTORNEY’S FEES

In any dispute, action, proceeding, or arbitration regarding the use of the Services or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, court costs to register an arbitration award in a state or federal court, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses)

 

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE.

 

I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.