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Website Terms Of Use & End User Agreement

Last updated May 1, 2023

  1. PLEASE READ.

The following Terms of Use (“Terms of Use” or the “Agreement”) are between Financially Fit Business, LLC (the “Company“) and you, the user (“you”, “your” or “User”).  These Terms of Use confirm the requirements for you to enjoy our website [www.FinanciallyFit.Business] (the “Site”) and all features, services, and products offered by the Company through our Site.

These Terms of Use contain the complete terms, conditions, and agreement governing use of the Company’s Site and services. BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “SERVICES“), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITE. THE COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT THE COMPANY’S SOLE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THE SITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO “TERMS OF USE” ON THE SITE. You are obligated to periodically review this document to make yourself aware of any changes and any continued use of the Site shall constitute your acceptance of the current Terms of Use.

  1. ACCESS TO THE SITE.

To access the Site, the Services, or any other Content, you may be asked to provide certain registration details or other information. You agree that all information you provide will be correct, current, and complete. If the Company believes information you provide is not correct, current, or complete, the Company has the right to deny access to the Site, or to any of its resources, and to terminate or suspend your access at any time.

  1. APPLICABLE USE OF SITE.

You may use the Site only for purposes expressly permitted by this Agreement. As a condition of your use of the Company’s Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.

  1. NO CO-BRANDING OR FRAMING.

You may not use or authorize any party to co-brand or frame any Company Site without the express prior written permission of an authorized representative of the Company in each instance. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. For purposes of these Terms of Use, “framing” refers to displaying any Company webpage within a bordered area of another website, regardless of whether the address of the originating Company Site is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from the Company.

  1. NO UNLAWFUL ACCESS.

You agree that you will not use the Company’s Site in any manner that could in any way disable, overburden, damage, or impair the Site or otherwise interfere with any other party’s use and enjoyment of the Site. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Site.

  1. PERSONAL AND NON-COMMERCIAL USE LIMITATION.

The Site is for your personal and non-commercial use, unless otherwise specified in writing by the Company. You may not use the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company in each instance, which permission will be at the Company’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Company’s Site, in whole or in part.

  1. FEES.

Certain Content and Services provided by the Company are available only with a paid subscription to the Site. If you select a paid subscription to the Site, you agree to pay the fees quoted to you when you purchase the applicable Service (the “Subscription Fees“). You are responsible for all subscription fees, charges, and applicable taxes (including sales taxes, goods and services taxes, value added taxes, or similar consumption-based taxes) related to your purchase and use of the Services. We may calculate applicable taxes based on the billing information provided by you at the time of purchase. All fees are payable in U.S. dollars. The Company reserves the right to change its prices at any time in the future. However, if we offered a Subscription Fee for a specific term or duration, we agree the Subscription Fee will not change during such period (i.e., an annual Subscription Fee will remain the same for the entire year, and may only be increased in subsequent years). After any subscription period or other offer period ends, your use of the Services will be charged at the then-current Subscription Fee(s). If you do not agree to the charges, you must stop using the Service and cancel via email to support@financiallyfit.business (with cancellation confirmation from a Company representative).  If you cancel, your subscription to the Content or other Services will expire at the end of your current payment period, and no refunds for previously paid services will be issued. If you do not cancel in accordance with these Terms, the subscription for the Services will renew automatically at the then-current price for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.

  1. BILLING, PAYMENT, AND SUBSCRIPTION PERIOD.

If you select a paid subscription or other paid Service, you must provide us with current, complete, accurate, and authorized payment method information (such as your credit card information).  You authorize us to charge your provided payment method for the Services selected by you. You also grant us permission to share your payment information with our authorized, third-party payment processing partner(s).

You may select one of the following subscription periods and payment options (please note only one of these options may be available depending on the service purchased and that a start-up payment will be required for each):

  1. A monthly subscription (“Monthly Subscription”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew unless you cancel your Monthly Subscription at least three (3) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
  2. An annual subscription (“Annual Subscription”). The subscription period for the Annual Subscription will be twelve (12) months and will automatically renew for additional 12-months on the annual anniversary unless you cancel at least three (3) business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription you will not be permitted to cancel, reduce, or downgrade the service you selected until the anniversary date. No refunds will be provided for termination of the service mid-year.  Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Monthly Subscription.

If you select the Monthly Subscription, you may switch to the Annual Subscription at any time.  If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription.

If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

  1. COPYRIGHTS, TRADEMARKS, AND OTHER PROPRIETARY INFORMATION.

All content provided by the Company on the Site (the “Content“) is considered the sole and exclusive property of the Company, or of the party that licensed the Content to the Company. All trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on the Site are the exclusive property of the Company or the party that licensed the Intellectual Property to the Company. The Company and any party that provides Intellectual Property to the Company reserves and retains all rights with respect to any of their respective Intellectual Property appearing in the Site. No right or title to any of the Content contained on the Site shall be considered licensed, transferred, or otherwise assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of the Company in each instance, except that you may print out or save one copy of the Content for your personal use only.

  1. SUBMISSIONS

You grant to the Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to the Company through the Site (each, a “Submission“), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that the Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.

  1. HYPERLINKING.

The Site may be hyperlinked to and by other websites which are not maintained by, or related to, the Company. Hyperlinks to such websites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Site or the Company. The Company has not reviewed any or all of such websites and is not responsible for the content of any linking websites, and any links made directly from a Company Site to another web page should be accessed at the User’s own risk. The Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access to another website via the Site.

  1. USE OF COMMUNICATION SERVICES.

The Company’s Site may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with all or a portion of the user community (collectively, “Communications Services“). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site, or cause to be posted, sent, submitted, published or transmitted, any material that:

  1. you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
  2. advocates, or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
  3. is vulgar, obscene, pornographic, incendiary, or indecent;
  4. threatens or abuses others;
  5. is libelous or defamatory towards others;
  6. is racist, abusive, harassing, threatening or offensive;
  7. seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
  8. harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
  9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
  10. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
  11. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;
  12. solicits funds, advertisers or sponsors for any purpose;
  13. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
  14. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users can type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the Site;
  15. amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
  16. disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of the Site and/or any networks connected to the Site; or
  17. contains hyperlinks to other websites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither the Company nor any third party that provides Content to the Company will assume or have any liability for any action made by the Company or such third party with respect to any submission.

You acknowledge that the Site may or may not pre-screen materials uploaded to the Communication Service, yet the Site and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Site in its sole discretion.

The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Site will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

WHILE THE SITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE COMPANY CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.

  1. RIGHT TO TERMINATE ACCESS.

The Company reserves the right to monitor use of its Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. The Company reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

  1. DISCLOSURE UNDER LAW.

The Company reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

  1. PERSONALLY IDENTIFIABLE INFORMATION.

The Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, the Company agrees that it will treat any personally identifying information that you submit through the Site in accordance with the terms outlined in its Privacy Policy under “Privacy Policy” on the Site, as well as in conformance with all applicable laws, rules, and regulations.

  1. DISCLAIMER AND LIMITATIONS ON LIABILITY.

You understand the Company cannot and does not guarantee or warrant that files available for downloading from the Company’s Site will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Site. The Company further disclaims any responsibility to ensure that the Content located on its Site is necessarily complete and up to date.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

  1. INDEMNITY.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE SITE.

  1. COPYRIGHT INFRINGEMENT.

If your copyrighted image or work has been copied or displayed by a user of our Site in an unauthorized manner without your consent, please notify the Company as provided below.  When notifying the Company, please provide all information requested below. Please note that this procedure is exclusively for notifying the Company and its affiliates that you believe your copyrighted material has been used without consent. Please include the following:

  1. A description of the copyrighted work that you claim has been used without consent or otherwise infringed;
  2. A description of where the material you claim is infringing is located on the Site, including the current Site address;
  3. Your address, telephone number, and e-mail address;
  4. A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

The Company’s agent for notice of claims of copyright infringement on its Site can be reached as follows:

Copyright Agent: Investment Law Group of Davis Gillett Mottern & Sims LLC

545 Dutch Valley Rd NE, Suite A, Atlanta, GA 30324

phone: (404) 607-6934

e-mail: rjoseph@investmentlawgroup.com

  1. SECURITY.

Any passwords used for the Site are for individual use only. You are responsible for the security of your password(s) at all times. From time to time, the Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. The Company reserves the right to investigate suspected violations of these Terms of Use. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

  1. DISPUTES

If there is any dispute about or involving these Terms of Use, the Site, or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Georgia, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Gwinnett County, Georgia in connection with any dispute between you and the Company arising out of or involving this Agreement, the Site, or any Communications Services.

  1. MISCELLANEOUS
  1. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
  2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Company’s Site.
  3. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Company with respect to the Company’s Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site or any of its Services. The Company may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Site after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
  4. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
  5. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

We hope you enjoy our Site, our Content, and our Services. If you have any questions regarding these Terms of Use, please contact us at support@financiallyfit.business.