Terms of Use

Overview
This website is operated by PHIT APP LLC. PHIT APP LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, web app, mobile app, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Privacy
Your use of Phitnow.com is subject to PHIT APP's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting Phitnow.com or sending emails to PHIT APP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.iting Phitnow.com or sending emails to PHIT APP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.Visiting Phitnow.com or sending emails to PHIT APP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PHIT APP is not responsible for third party access to your account that results from theft or misappropriation of your account. PHIT APP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.f you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PHIT APP is not responsible for third party access to your account that results from theft or misappropriation of your account. PHIT APP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
PHIT APP does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Phitnow.com only with permission of a parent or guardian. PHIT APP does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Phitnow.com only with permission of a parent or guardian.

Cancellation/Refund Policy
You may cancel your subscription at any time, but no refunds will be given. If canceling your subscription, you will be billed for the full term that is actively in progress and access will be allowed until the current billing cycle ends. This may change without notice or consent requests given to users or members of the PHIT APP platform and site. It is the member and user’s responsibility to track their billing cycle and PHIT APP’s current policy for refunds and cancellation.You may cancel your subscription at any time, but no refunds will be given. If canceling your subscription, you will be billed for the full term that is actively in progress and access will be allowed until the current billing cycle ends. This may change without notice or consent requests given to users or members of the PHIT APP platform and site. It is the member and user’s responsibility to track their billing cycle and PHIT APP’s current policy for refunds and cancellation.

If for any reason PHIT APP deems it necessary to deactivate, delete, or remove a PHIT APP user or member, they may do say without any refund to the customer or member.

Links to Third Party Sites/Third Party Services
Phitnow.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PHIT APP and PHIT APP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PHIT APP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PHIT APP of the site or any association with its operators. Certain services made available via Phitnow.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Phitnow.com domain, you hereby acknowledge and consent that PHIT APP may share such information and data with any third party with whom PHIT APP has a contractual relationship to provide the requested product, service or functionality on behalf of Phitnow.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Phitnow.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PHIT APP that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PHIT APP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PHIT APP content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of PHIT APP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PHIT APP or our licensors except as expressly authorized by these Terms.

Handling of Data
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

PHIT APP will make good faith efforts to protect the privacy, security, and data of all it’s users. However, PHIT APP will not be responsible for any breaches of data that may occur. You understand that you’re your content (not including credit card information), may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted and may also utilize the encryption of Third Party services such as, but not limited to, Paypal and any of its subsidiaries.

International Users
The Service is controlled, operated and administered by PHIT APP from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PHIT APP Content accessed through Phitnow.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. The Service is controlled, operated and administered by PHIT APP from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PHIT APP Content accessed through Phitnow.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless PHIT APP, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PHIT APP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PHIT APP in asserting any available defenses. ou agree to indemnify, defend and hold harmless PHIT APP, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PHIT APP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PHIT APP in asserting any available defenses. You agree to indemnify, defend and hold harmless PHIT APP, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PHIT APP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PHIT APP in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PHIT APP agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PHIT APP LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PHIT APP LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PHIT APP LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHIT APP LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHIT APP LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

PHIT App Subscription
If you are an active, paid subscriber of PHIT App, you will be able to stream a variety of PHIT App exercise programs and gain access to related program materials, such as workouts programs, exercises, instructional tips, guides, and more. No physical goods are shipped as a result of purchases made on or through PHIT App, unless otherwise stated. PHIT App memberships are not transferable and may only be used by the individual who signed up for the account. If you cancel your membership, you will no longer have access to any PHIT App content through PHIT App. However, if you become a member again at a later time, all of your content will be available for use.PHIT APP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

PHIT App’s Reservation of Rights
PHIT App reserves the right to suspend or terminate your interaction with any PHIT App Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any PHIT App Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.If you are an active, paid subscriber of PHIT App, you will be able to stream a variety of PHIT App exercise programs and gain access to related program materials, such as workouts programs, exercises, instructional tips, guides, and more. No physical goods are shipped as a result of purchases made on or through PHIT App, unless otherwise stated. PHIT App memberships are not transferable and may only be used by the individual who signed up for the account. If you cancel your membership, you will no longer have access to any PHIT App content through PHIT App. However, if you become a member again at a later time, all of your content will be available for use.PHIT APP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Termination/Access Restriction
PHIT APP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PHIT APP as a result of this agreement or use of the Site. PHIT APP's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PHIT APP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PHIT APP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PHIT APP with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PHIT APP with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Important Notice About Our Fitness Content
The PHIT App Services Do Not Constitute Medical Advice.Although PHIT App provides its products and services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any PHIT App Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. The PHIT App Services are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment. The information made available on or through the PHIT App Services should not be relied upon when making medical decisions. YOUR USE OF ANY PHIT APP SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND PHIT APP. Your individual results using PHIT App Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. The testimonials featured on our websites may have used more than one PHIT App product or extended the program to achieve their maximum results. PHIT App reserves the right to suspend or terminate your interaction with any PHIT App Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any PHIT App Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.If you are an active, paid subscriber of PHIT App, you will be able to stream a variety of PHIT App exercise programs and gain access to related program materials, such as workouts programs, exercises, instructional tips, guides, and more. No physical goods are shipped as a result of purchases made on or through PHIT App, unless otherwise stated. PHIT App memberships are not transferable and may only be used by the individual who signed up for the account. If you cancel your membership, you will no longer have access to any PHIT App content through PHIT App. However, if you become a member again at a later time, all of your content will be available for use.PHIT APP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Assumption of Risk
You expressly acknowledge and agree that your access, use and/or involvement with any PHIT App Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless PHIT App from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any PHIT App Services.nal tips, guides, and more. No physical goods are shipped as a result of purchases made on or through PHIT App, unless otherwise stated. PHIT App memberships are not transferable and may only be used by the individual who signed up for the account. If you cancel your membership, you will no longer have access to any PHIT App content through PHIT App. However, if you become a member again at a later time, all of your content will be available for use.PHIT APP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Changes to Terms
PHIT APP reserves the right, in its sole discretion, to change the Terms under which Phitnow.com and any of its subsidiaries is offered. The most current version of the Terms will supersede all previous versions. PHIT APP encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
PHIT APP welcomes your questions or comments regarding the Terms:

PHIT APP LLC
131 S Federal Hwy, UNIT 616
Boca Raton, Florida 33432

Email Address:
[email protected]

Telephone number:
+1 (561) 334-9099

Updated as of May 2, 2018