Please read this Terms and Conditions carefully before signing waiver and committing to program.
Acceptance of the Terms & Conditions
DISCLAIMERS The Client understands that the role of the FitwithMads is not to prescribe or assess specific meal plans; provide healthcare, medical, or nutrition therapy services; or diagnose, treat, or cure any disease, condition, or other physical or mental ailment of the human body. Rather, they are a mentor and guide who have been trained in health coaching and are certified personal trainers to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that he/she is not acting in the capacity of a doctor, dietitian, nutritionist, psychologist, psychotherapist, or other licensed or registered professional, and that the Program is not intended to replace services performed by these professionals.
The Client acknowledges that, if under the care of healthcare professionals, the Client should discuss any dietary changes or potential dietary supplement use with those professionals. If the Client currently uses prescription medications, the Client should not discontinue any prescription medications without first consulting the Client's prescribing healthcare provider. The Client has chosen to work with FitwithMads and understands that coaching services, including any information or resources received, are not medical advice nor meant to replace services delivered by licensed health professionals.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTHCARE-RELATED CLAIMS The Client acknowledges that the Client takes full responsibility for the Client's life and well-being, as well as the lives and well-being of the Client's family and children (where applicable), and all decisions made during and after the Program. The Client expressly assumes the risks of the Program, including the risks inherent in making dietary and/or lifestyle changes. The Client releases FitwithMads and any affiliates of FitwithMads (Coach), from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has, or will have in the future against FitwithMads, arising from the Client's past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the coaches. CONFIDENTIALITY FitwithMads, will keep the Client's information private and will not share the Client's information with any third party without the Client's written consent unless required by law. FitwithMads will not disclose the Client's name as a reference or for use in any marketing materials without the Client's written and/or verbal consent.
By using this coaching program, you accept and agree to be bound and abide by these Terms & conditions, our privacy policy, and our disclaimers all of which can be found in the footer of fitwithmads.com, and are incorporated herein by reference.
The FitwithMads program is offered and available to users who are 18 or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & conditions, and to abide by and comply with these Terms & conditions. If you do not meet all of the foregoing requirements, you must have a parent/guardian sign off on your program. Changes to the Terms & Conditions We may revise and update these Terms & conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the FitwithMads program thereafter. Your continued use of the FitwithMads program following the posting of revised Terms & conditions means that you accept and agree to the changes. We encourage and expect you to consult the Terms & conditions each time you access the FitwithMads program so you are aware of any changes, as they are binding on you. FitwithMads is not be liable if for any reason all or any part of the app/website/social media is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the FitwithMads program, or the entire program, to users, including registered users. You are responsible for (a) making all arrangements necessary for you to have access to the training and (b) ensuring that all persons who access the program through your internet connection are aware of these Terms & conditions and comply with them. It is a condition of your use of the program that all the information you provide to FitwithMads is correct, current and complete. You agree that all information you provide to register with FitwithMads or otherwise, including but not limited to through the use of any interactive features in the FitwithMads program, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this FitwithMads app or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & conditions.
Intellectual Property Rights
FitwithMads and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of Company. For information on requesting such permission, contact us at [email protected]. These Terms & conditions permit you to use the FitwithMads training app for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer or phone may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features. You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the FitwithMads program in breach of the Terms & conditions, your right to use the FitwithMads program will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the FitwithMads program not expressly permitted by these Terms & conditions is a breach of these Terms & conditions and may violate copyright, trademark and other laws. Digital Millennium Copyright Act, Copyright Infringement; Notice and Take Down Procedure
FitwithMads specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. FitwithMadswill process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (hereinafter the “DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
FitwithMads
5900 Balcones Dr. Ste 100
Austin, TX 78731-4298
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): 1) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Prohibited Uses
You may use FitwithMads only for lawful purposes and in accordance with these Terms & conditions. You agree not to use FitwithMads (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms & conditions; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate the Company, a Company employee or manager, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of FitwithMads or expose them to liability.
Additionally, you agree not to (1) use FitwithMads in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through FitwithMads; (2) use any robot, spider or other automatic device, process or means to access FitwithMads for any purpose, including monitoring or copying any of the material on FitwithMads; (3) use any manual process to monitor or copy any of the material on FitwithMads or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of FitwithMads; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of FitwithMads, the server on which the Website is stored, or any server, computer or database connected to FitwithMads; (7) attack FitwithMads via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of FitwithMads. User Contributions FitwithMads may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through FitwithMads. All User Contributions must comply with the Content Standards set out in these Terms & conditions. Any User Contribution you post to the Website will be non-confidential and non-proprietary. By providing any User Contribution on FitwithMads, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
Without limiting the foregoing, you agree and understand that other individual members of the membership program(s) available on FitwithMads may see the information that you post on any applicable FitwithMads membership area. For this reason, you agree that you shall not post any information on FitwithMads that you do not want others to see. You agree that anything you post in the applicable membership area of FitwithMads is at your own risk, and you further agree to hold Company harmless from any and all damage that could occur to you from any information that you post. For additional details, please see our Privacy Policy.
You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns; and (b) all of your User Contributions do and will comply with these Terms & conditions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of FitwithMads. Monitoring and Enforcement; Termination
We have the right to (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & conditions, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of FitwithMads for any or no reason, including without limitation, any violation of these Terms & conditions.
To the extent you are involved in a membership program on FitwithMads, either you or the Company can cancel your participation in any of our membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between you and the Company, no refunds for previous months of membership will be given in the event you or Company terminates your membership in the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We cannot and/or do not undertake to review all material before it is posted on FitwithMads, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Content Standards These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & conditions and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization’ (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (j) contain any occult, hateful, or racist material; or (k) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. To the extent it is questionable whether User Contributions violate the Content Standards, the Company reserves the right to make the final decision regarding whether a violation has occurred and reserves the right to terminate any user’s access to the Website without prior notice for a violation of this provision. Further requirements regarding the conduct that is expected of all users of the Website may also be found via posts from the Company on the Website, and you agree to comply with such requirements. Reliance on Information Posted The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
FitwithMads may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the FitwithMads. We may update the content on this Website/app from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the FitwithMads All information we collect on this Website is subject to our Privacy Policy, which is incorporated herein by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Terms of Sale
All purchases made on FitwithMads are subject to this Section (the “Terms of Sale”). By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.
By placing an order for products or services from this FitwithMads, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.
In the event of any inconsistency between these Terms of Sale and our Website Terms & conditions, Earnings Disclaimer, and/or Privacy Policy, the provisions of these Terms of Sale will control.
Services.
Consulting may include any of the following Services for the Client: (i) addressing personal struggles, personal development, business issues, or general conditions in the Client’s personal or professional life; (ii) value clarification; (iii) identifying plans of action; (iv) examining modes of operation in Client’s life; (v) asking clarifying questions; and (vi) making empowering requests or suggestions for action to Client (collectively, the “Services”). As part of these Services. The Client agrees that successful coaching Services will require a collaborative approach between Coach and Client. The Client further agrees that it is Client’s responsibility to enact or bring about any changes or recommendations identified through the Services. The FitWithMads consulting program will be valid for the stated program length and agreed upon start date until the end of commitment period. a. Tier 3, Tier 4 and Nutrition/Workout-only Clients (month to month). The agreement stands at the originally agreed upon price and will go indefinitely until client requests cancellation. Client understands and agrees to the minimum commitment period of 3 months. Client understands that services and payments will continue after the 3 month period ends unless a cancellation is requested. Client must communicate the requested end date at least 7 days prior to the next month cycle. b. Tier 1 and 2 Clients (specific term). The agreement stands at the originally agreed upon price and will go until the end of the commitment period unless the client requests at extension. If Client declines paying in full, Client understands and agrees to the monthly charge until the end of the commitment period. This agreement covers any financing options through FitwithMads as well as any additional program charges listed on FitwithMads socials/website.
Fees and Expenses.
The agreed upon fee for Engagement unless otherwise agreed upon.
a. Month to month payments. A consecutive payment is due on the Effective Date. The Client will also be responsible for any additional fees or costs incurred by the Company in the course of collecting or processing the above fees. Month to month payments will continue until Client requests to end after the 3 month minimum agreement. b. Right to cancel. The Client has the right to cancel within seven days of signing the agreement. Notice of cancellation must be emailed to [email protected] within the seven day window. If within seven day window of payment being released, the only fee the client will be responsible for is a cancellation fee of $250.00. Company has a NO refund policy after 7 days for 1:1 coaching clients. c. If client is in need of subscription pause, Fit With Mads will pause once a quarter for up to 2 months unless otherwise agreed upon between Client and Coach.
A deposit charge will hold client spots from the agreed upon date to up to 3 months. Deposit will hold the prices that were discussed at the time of the call and hold the customer's spot for up to the 3 month period once paid. Deposits are non-refundable and do not count towards the coaching programs.
Prices and Payment Terms.
All prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services (as noted in the Section entitled “Sale of Subscription Services” below), price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchase total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on FitwithMads that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern. Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Website before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Website at the time of your order.
If Client decides to continue after program term ends, Client reserves the right to original pricing despite any price increases that occur during coaching term. If Client chooses return after a break from the program, original pricing will be granted access to for up to the "continuing client rate" which is applicable for up to three (3) months. Outside of the 3 month timespan, Client will either be required to pay the updated pricing or be entitled to a 10% discount, which is dependent on circumstances determined by Coach.
Sale of Goods. FitwithMads may from time to time offer the sale of tangible products (“goods”) to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Refund Policy. NO REFUNDS
Unless a refund policy is posted on FitwithMads website/socials/app at the time of your purchase, the sale of all products, services or tickets to an event are final and non-refundable. However, to the extent a refund policy is posted on the invoice at the time of your purchase, we will accept a refund pursuant to such refund policy. To request a refund, you must email us at [email protected]. Your refund will be credited back to the same payment method used to make the original purchase on FitwithMads. Sale of Subscription/Membership Services.
FitwithMads may from time to time offer optional subscription services (or subscription membership programs) for specific users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on FitwithMads. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on FitwithMads at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing (by email to [email protected]) at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable unless expressly stated otherwise on the Website.
If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services.
All fees are non refundable once the applicable service has been provided. Charges may not be disputed after services have been rendered.
A dispute may only be submitted if the agreed upon service has not been provided within two (2) days following the agreed upon delivery date. For services that include custom macronutrient targets, the delivery timeline begins only after the client has completed three (3) full days of nutrition logging. Custom macronutrient targets will be provided after three (3) full days of nutrition logging have been completed. Delays in completing the required nutrition logging will correspondingly delay delivery and will not constitute a failure to provide services.
Warranty and Disclaimers Relating to Purchases
OUR COMPANY MAKES NO GUARANTEE THAT IT WILL ACCOMPLISH ANY PARTICULAR RESULT FOR YOU OR YOUR BUSINESS, AND THE COMPANY WILL NOT GUARANTEE THE DELIVERY OR PERFORMANCE OF ANY DELIVERABLES OR SERVICES EXCEPT AS IS EXPRESSLY AGREED UPON IN WRITING. ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOU MAY FROM TIME TO TIME VIEW INSTRUCTIONAL MATERIALS AND VIDEOS THROUGH THE WEBSITE. YOU UNDERSTAND THAT EVERY PERSON’S SITUATION IS DIFFERENT, AND THAT THE COMPANY AND ITS REPRESENTATIVES ARE NOT ABLE TO DETERMINE WHETHER ITS INSTRUCTIONAL MATERIALS ARE APPROPRIATE FOR YOU. NEITHER THE COMPANY NOR ANY PRESENTER OF SUCH INSTRUCTIONAL MATERIALS OR INFORMATION MAKES ANY CLAIM, GUARANTEE, OR WARRANTY THAT THEIR INFORMATION OR PROGRAMS ARE EFFECTIVE OR APPROPRIATE IN ANY CERTAIN SITUATION. THE WEBSITE VIDEOS AND MATERIALS ARE PROVIDED FOR LEARNING PURPOSES, BUT ANY PERSON ATTEMPTING TO UTILIZE SUCH INFORMATION AND PROGRAMS MUST RELY UPON HIS/HER OWN JUDGMENT IN DETERMINING WHETHER, HOW, AND IN WHAT SITUATIONS TO UTILIZE THE INFORMATION AND PROGRAMS ON THE WEBSITE. BECAUSE EVERY PERSON IS UNIQUE, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY (AND THE PRESENTER OF ANY INFORMATION ON THE WEBSITE) THAT RELATE IN ANY WAY TO THE INSTRUCTIONAL MATERIALS, VIDEOS, AND OTHER PROGRAMS AND INFORMATION PRESENTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, OR MISREPRESENTATION. YOU FURTHER AGREE TO THE TERMS OF OUR EARNINGS DISCLAIMER WITH RESPECT TO YOUR PURCHASES ON THE WEBSITE.
We do not manufacture or control any third-party products or third-party services offered on our Website. The availability of third-party products or services through our Website does not indicate an affiliation with or endorsement of any product, service, manufacturer, or service-provider or business. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Website. Limitation of Liability.
FitwithMads may contain links to third party websites or allow content to be shared through social media or other platforms. We are not responsible for the content, security, availability, or practices of third party websites. Accessing third party websites is at your own risk and subject to their respective terms.
You may share links to our Website for lawful purposes, but you may not copy, reproduce, frame, distribute, or otherwise use Website content in an unauthorized manner. We reserve the right to restrict or disable linking or sharing features at any time.
The Website, its content, programs, products, and services are provided on an “as is” and “as available” basis. We do not guarantee that the Website will be uninterrupted, error free, secure, or free from viruses or other harmful components.
We do not guarantee any specific results from the use of our Website, coaching, programs, recommendations, or services. Individual results will vary based on factors including participation, consistency, lifestyle, and circumstances outside of our control.
To the fullest extent permitted by law, the Company and its owners, employees, contractors, affiliates, and service providers will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from your use of the Website, programs, products, or services.
You agree to indemnify and hold harmless the Company and its owners, employees, contractors, and affiliates from claims, damages, losses, or expenses arising from your violation of these Terms or misuse of the Website, its content, programs, products, or services.
These Terms and any disputes arising from the Website, programs, products, or services will be governed by the laws of the State of Texas. Any legal action initiated by you relating to these Terms shall be brought in the appropriate state or federal courts located in Travis County, Texas.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE OR THE SALE OF PRODUCTS AND SERVICES TO YOU, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO OUR PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. Linking to the Website and Social Media Features
Arbitration
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms & conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & conditions will continue in full force and effect.
Entire Agreement
The Terms & conditions and the other documents specifically incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither you nor Company are relying on any representation not contained herein (or in the other documents specifically incorporated herein).
Contacting Us
If you need to contact us, please email us at [email protected]
*Last updated August 2026