These Terms of Use (“Terms”) govern your use of the FitWithDiet (“FithWithDiet,” “we,” “us,” or “our”) website and any other website or online service that FitWithDiet operates and that links to these Terms (collectively, the “Services”). Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted at www.fitwithdiet.com. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.
I. Privacy
By using the Services, you consent to our processing your information consistent with our Privacy Policy https://fitwithdiet.com/privacy-policy/.
II. Important Information about Your Use of the Services
Do not use the services for emergency medical needs. If you experience a medical emergency, call 9-1-1 immediately. FitWithDiet does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself. All of the Providers are independent of FitWithDiet and merely using the Services to communicate with you. Any information or advice received from a Provider comes from the Provider, and not from FitWithDiet. Your interactions with the Providers via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s). Neither FitWithDiet nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional Advice you obtain from a Provider via the Service nor for any information obtained from our Services. You acknowledge your reliance on any Providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith. FithWithDiet does not make any representations or warranties about the training or skill of any Providers using the Services. You are ultimately responsible for choosing your particular Provider on the Services.
FitWithDiet Does Not Provide Medical Advice and is Not a Healthcare Provider
FitWithDiet is not a medical organization and does not provide medical advice or medical diagnosis. Nothing contained in FitWithDiet’s program materials or website should be construed as such advice or diagnosis. The information and reports generated by FitWithDiet should not be interpreted as a substitute for physician consultation, evaluation, care or treatment. You are specifically urged and advised to seek the advice of a physician or medical professional before beginning any weight loss effort or regimen. FitWithDiet also specifically urges You to get regular medical checkups. Weight loss can create physical changes that should be medically monitored. Medical monitoring is especially important for anyone with a medical condition. FitWithDiet’s program is healthful, but it is not intended to treat any illness or disease or be a substitute for medical advice or treatment. FitWithDiet does not assume any special or heightened duty to You like that of a physician or medical provider.
FitWithDiet’s services and materials are intended for use only by adult individuals who can healthfully engage in a nutrition program. FitWithDiet’s services and materials are not intended for use by minors, pregnant women, or individuals with any type of health condition that would prevent them from healthfully engaging in a nutrition program. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or disease management regimen. If you believe, for any reason, that you may not be able to healthfully engage in a weight loss program or disease management regimen, You are explicitly instructed not to engage FitWithDiet’s services until you receive medical direction and approval.
FitWithDiet’s Health Notice
If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is critically important that You immediately share your FitWithDiet nutrition plan with your medical provider. Any modifications made to the plan by your medical provider should be followed.
FitWithDiet’s Additional Requirements for Certain Individuals
FitWithDiet requires specific medical clearance before working with individuals with certain medical conditions:
- If You are breastfeeding a child and want to begin a nutrition program, FitWithDiet requires written medical permission from an obstetrician or comparable medical specialist to begin a nutrition program.
FitWithDiet Will Not Provide Services to the Following Individuals with Certain Medical Conditions for Obvious Health Reasons
- FitWithDiet prohibits participation in its nutrition program for anyone with an active medical diagnosis of bulimia nervosa and/or anorexia nervosa.
- FitWithDiet prohibits participation in its nutrition program for anyone who is currently pregnant.
- FitWithDiet prohibits participation in its nutrition program for anyone who is less than 18 years old
III. Account Enrollment
To access Providers using the Services, you must first establish an individual user account (“Account”) by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian). You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use.
IV. Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
- provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete; • transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
- transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
- engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
V. Payment Authorization
All payments are to be completed via direct bank transfer or credit card. Payment for Your package’s shall be made in full at the time of purchase. FitWithDiet does not offer Exchanges, Returns or Refunds of any kind on any sales offered for sale in our website and our mobile app. You specifically request such cancellation by email to info@fitwithdiet.com
VI. Password Security
You are solely responsible for the security of your username and password, and for any use of the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Services using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.
VII. Final Acknowledgement
I have carefully read and understand the agreement described in the above paragraphs. I explicitly acknowledge and understand that: (i) FitWithDiet’s services and materials are intended for use only by adult individuals who can healthfully engage in a nutrition program and I am representing to FitWithDiet that I can healthfully engage in a nutrition program consistent with FitWithDiet’s policies, (ii) FitWithDiet is not a medical organization or healthcare provider and I will seek medical advice and attention as necessary during my engagement with FitWithDiet, and (iii) FitWithDiet is not responsible for and does not assume any liability for managing my body’s physical and/or emotional needs and I assume full responsibility for any personal injury to myself with respect to any and all injury or harm to my person that may occur as a result of my work with FitWithDiet. I release “Bitgama B.V.” its officers, employees and agents, from and any all claims, demands, liabilities, and damages for alleged injuries related to or arising from my enrollment or participation in any nutrition program or activity of FitWithDiet, including its products and at its facilities.