TERMS OF SERVICE
Busy-Fit 2.0, Healthy Habits Coaching (collectively, “Busy-Fit”,”Busy-Fit 2.0”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, applications, content, streaming services, products, goods, equipment, services, promotions, software, technology and any other materials (collectively, Busy-Fit 2.0) that we may provide.
THE BUSY-FIT HEALTHY HABITS COACHING IS NOT INTENDED FOR ANYONE UNDER THE AGE OF 18. IF YOU ARE 18 YEARS OF AGE, YOU MUST ACCESS AND/OR USE BUSY-FIT SERVICE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
1. Contract Between You and Healthy Habits;
2. Changes to These Terms.
3. Busy-Fit’s Intellectual Property; Limited License to Busy-Fit Services
You acknowledge and agree that the Busy-Fit Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by Busy-Fit, LLC. Furthermore, you acknowledge and agree that the source and object code of certain Busy-Fit Services (such as our mobile applications) and the format, directories, queries, algorithms, structure, and Busy-Fit organization of the same are the intellectual property, proprietary and confidential information of Busy-Fit and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with Busy-Fit ownership of these Services, and that you gain no rights, title, or interest in or to any Busy-Fit. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right Busy-Fit or any third party.
B. Limited License.
For any Busy-Fit Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, non-refundable, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Busy-Fit, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any Busy-Fit Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Busy-Fit Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the Busy-Fit Services; (iv) access or use any Busy-Fit Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services on brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Busy-Fit Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Busy-Fit Services or connected network, or interfere with any person or entity’s use or enjoyment of any Busy-Fit Services; (vii) access, monitor or copy any element of the Busy-Fit Services by ANY automated means or manual process without our express permission; (viii) sell, resell, or make commercial use of the Busy-Fit Services, unless you have an executed agreement with us that expressly allows for such activity. You will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Busy-Fit Services and our websites.
D. Third Party Services and Content.
Any opinions, advice, statements, or other information, including or without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Busy-Fit Services (“Third-Party Content”). This Third Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with Busy-Fit Services.
BUSY-FIT DOES NOT: (1) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNSS OF ANY THIRD-PARTY CONTENT ON OUR BUSY-FIT SERVICE; (2)ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL BUSY-FIT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE BUSY-FIT SITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH BUSY-FIT, LLC.
WE MAKE NO GUARANTEE OR WARRANTY THAT THE BUSY-FIT SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF OUR SERVICES. YOU AGREE TO USE THE BUSY-FIT SERVICE AT YOUR SOLE RISK.
YOU WILL NOT HOLD BUSY-FIT OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE FO THE BUSY-FIT SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OF DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE BUSY-FIT SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENTS OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITE, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN PARTIES, CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITE MAY BE AVAILABLE THROUGH MANUFACTURER’S INCLUDED IN THE WARRANTIES, THOUGH NOT THROUGH BUSY-FIT; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING , WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITE.
F. MOBILE NETWORKS; TEXTING
When you access Busy-Fit 2.0 services through a mobile network, or sign up for our text message programs, our network or roaming providers’ messaging, data and other rates and fees may apply.
4. Your Content and Account.
A. User Generated Content
You may not submit or upload User Generated Content that Busy-Fit determines in its sole discretion is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such is protected by law.
You represent and warrant that your User Generated Content conforms to these terms and that you agree to indemnify and hold Busy-Fit and our affiliates and subsidiaries, harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against us by any third party arising out of our or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
We do not endorse nor guarantee nor are we responsible for the opinions, views, advice or recommendations posted or sent by other users of any Third-Party Any attitudes or opinions expressed on our website shall not be attributed to or otherwise endorsed by Busy-Fit. You agree to comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of Busy-Fit.
We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, no-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity right and other intellectual property rights to use, reproduce, transmit, print, publish etc such content in whole or part in and all media channels.
You must only use the Busy-Fit site for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Busy-Fit LLC. In using any Busy-Fit LLC services you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
• Copy, reproduce, or improperly use or access any content on the Busy-Fit website;
• Modify, distribute, or re-post any content on our websites for any purpose;
• Use the content on our website for any commercial exploitation whatsoever;
• Disrupt or interfere with the security of, or otherwise abuse, our website or any affiliated or linked sites;
• Access content, data or portions of our websites which are not intended for you, or log onto a server or account that you are not authorized to access;
• Harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our website or affiliated or linked sites;
• Upload or transmit any viruses to destroy any files;
• Utilize any means to enclose any Busy-Fit trademark, logo, or other proprietary information (including any images or layout/design of any page or form contained on a page) without our express consent;
• Create or use a false identity on the Busy-Fit website, share your account information, or allow any person besides yourself to use your account to access our website;
• Download or collect personal information of clients including email addresses
***PLEASE NOTE THAT USING BUSY-FIT 2.0 DOES NOT CONSTITUTE MEDICAL ADVICE. ALTHOUGH BUSY-FIT LLC PROVIDES INFORMATION WITH YOUR HEALTH AND SAFETY IN MIND, IT IS IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN, FOLLOW ALL PROVIDED INSTRUCTIONS AND OBTAIN AUTHORIZATION BEFORE ACCESSING OR USING BUSY-FIT 2.0 HEALTHY HABITS COACHING. BUSY-FIT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, NOT IN SUBSTITUTION OF SOUND MEDICAL ADVICE. IT IS NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION, REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL, OR PROVIDE MEDICAL ADVICE. THE USE OF THIS PROGRAM DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP.***
***INDIVIDUAL RESULTS MAY VARY. EXERCISE AND PROPER DIET ARE NECESSARY TO ACHIEVE AND MAINTAIN WEIGHT LOSS AND MUSCLE DEFINITION. THE TESTIMONIALS FEATUERD ON OUR WEBSITE ARE REAL, HOWEVER, YOU MAY NOT ACHIEVE THE SAME RESULTS.***
***YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS, USE AND/OR INVOLVEMENT WITH BUSY-FIT LLC IS ENTERED INTO WITHOUT DURESS AND AGREE NOT TO UNCONDITIONALLY RELEASE AND HOLD HARMLESS BUSY-FIT LLC FROM AND AGAINST ALL CLAIMS, SUITS, CAUSES OF ACTIONS, COSTS, EXPENSES OR LIABILITY ARISING OU OF OR RELATED TO YOUR USE OF BUSY-FIT LLC.***
***BUSY-FIT, LLC reserves the right to suspend or terminate your interaction with any Busy-Fit 2.0 Healthy Habits Coaching for any or no reason in its sole and absolute discretion, including access, use or purchase of any gear or programs that we provide.***
€ Results may vary depending on starting point, goals, and effort. Exercise and proper diet are necessary to achieve and maintain weight loss and definition.
*These statements have not been evaluated by the Food and Drug Administration. This program is not intended to diagnose, treat, cure, or prevent any disease.
Consult your physician prior to starting any exercise program. The information on this website is for informational purposes only, and are not intended to diagnose or treat any medical condition or replace the advice of a medical professional.
©2017 Busy-Fit, LLC. All rights reserved.
Stephen Anderson is the owner of the Busy-Fit trademark and all related designs, trademarks, copyrights, and other intellectual property.
103 Country Cove
Warner Robins, GA 31088