TERMS OF USE — KENDRA KESSEL

Terms of Use

Please carefully read our Terms of Service Agreement (“Terms”) which is a legal agreement between you and Fit Heroes LLC (“we”, “us”, “our”, as appropriate) regarding the Services you use from us. “Services” means collectively, and sometimes individually, the following: any website(s) (“Sites”), products, downloads, software or any other services we make available via our Sites. Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, blogs, calendars, and downloadable mobile applications related to the Site or provided through the Site. By accessing the FitHeroes.com website, you agree to be bound by these Terms of Use. This is the agreement between you and us for our services that we make available via our websites. You can only access the services once you agree to the terms.

These Terms of Service may be modified and updated from time to time. Accordingly, you should check the date of the Terms of Use (which appears at the bottom of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Service, please do not use the Site.

Website Uptime

We do our best to ensure that the Site is available 24 hours every day, 365 days per year. However, sometimes websites encounter downtime due to server and other technical issues. Therefore, we will not be liable if the Site is unavailable at any time.

Disclaimer

The Site is for informational and entertainment purposes only and does not provide medical advice.

The Site and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. This information should not serve as medical advice, diagnosis, or treatment. If you have concerns regarding your health or the content on the Site or its Services, you should always consult with a physician or other health-care professional. Do not avoid or disregard or delay getting medical or health-related advice from your health-care professional because of something you may have read on the Site or through the Services. The use of any information provided on the Site or through Services is solely at your own risk.

Nothing stated or posted on the Site or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or through the Services and no assurance can be given that the information contained in the Site or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on this Site or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Site, you do so solely at your own risk.

Access and Use of Service

Users accessing the Site and its Services must be at least thirteen (13) years of age. Users making purchases or registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. Fit Heroes LLC and FitHeroes.com make no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

Transactions

We may sell products and services via the Site, which will be posted on the Site with the applicable price. We may change these prices at any time and reserve the right to do so. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We will charge the payment method (e.g., credit card) for the applicable products purchased, including, but not limited to applicable shipping fees (which will be disclosed to you prior to your purchase) and sales, use or other taxes (each, a “Transaction”). All amounts are payable and charged at the time your order is placed. You expressly authorize us (or our third-party payment processor) to charge you for such Transaction. By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All amounts and applicable taxes, if any, are payable in United States dollars. Title and risk of loss pass to you upon our transfer of the products to a common carrier.

By submitting a telephone number to Fit Heroes you agree that a representative of Fit Heroes can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our products.

Copyright

All content included in the Site, such as text, graphics, logos, button icons, images, audio clips, video, and software, is the property of Kendra Kessel, Fit Heroes LLC, and FitHeroes.com and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Kendra Kessel and Fit Heroes LLC and FitHeroes.com and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

By submitting copy/text for personalization, the customer represents that the use thereof by the factory on the items ordered will not violate any laws, and Kendra Kessel and Fit Heroes hereby disclaims any liability for compliance with such laws in the use of the customer’s copy or material.

Trademarks

All trademarks, logos, service marks and trade names are proprietary to Kendra Kessel, Fit Heroes LLC and FitHeroes.com or other respective owners that have granted the Site the right and license to use such intellectual property.

Feedback

We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@fitheroes.com or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. This license does not lapse or expire even if we do not exercise our rights under this license within a period of one year. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.

In posting such Feedback, you warrant that your feedback is in compliance with the Terms and you will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, or breach the applicable laws.

Warranty Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Kendra Kessel, Fit Heroes LLC, and FitHeroes.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Kendra Kessel, Fit Heroes LLC, and FitHeroes.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Purchases

Most products displayed on the Site are available at FitHeroes.com and at retail stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores and vice versa. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. All prices, pictures and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. When you place your order with us, you agree to the price and terms indicated on our website. Price differences related to future or past prices in our store or any other store's prices are not refundable. The particular technical specifications and settings of your computer or device and its display could affect the accuracy of its display of the colors of products offered on the Site.

User Conduct

You agree not to do any of the following with respect to the Services, as determined by us, as applicable:

use them commercially, for a promotional purpose, or for the benefit of any third party or in any manner not permitted by the Terms;
use, or provide, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Services and us;
use, or provide ancillary offerings to anyone, that are not offered within the Services by us, such as trainers and automation programs that interact with the Services in any way;
access or use them on more than one device at a time;
copy, reproduce, distribute, display, mirror, frame or use them (or any of our other materials, intellectual property, or proprietary information) in a way that is not expressly authorized in the Terms;
sell, rent, lease, license, distribute, or otherwise transfer the Services or any Content;
attempt to reverse engineer (except as otherwise permitted by applicable local law), derive source code from, modify, adapt, translate, datamine, decompile, or disassemble or make derivative works based upon the Services or any Content;
remove, disable, circumvent, or modify any technological measure we implement to protect them or any of their associated intellectual property;
attempt to probe, scan or test its vulnerability or breach any security or authentication measures;
access, tamper with, or use non-public areas of the Services;
upload, publish, submit or transmit any User Content, create a user name or account name, or otherwise engage in any behavior that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, contractual rights, moral rights or other intellectual property rights, or rights of publicity or privacy, or any other rights of third parties; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is grossly harmful, racially or ethnically objectionable, disparaging, blasphemous, libelous, defamatory, obscene, pornographic, paedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent, bullying, or threatening or promotes violence, money laundering or gambling, terrorism, or actions that are threatening or disrespectful to any person or entity; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances;
content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or any of its users;
collect or store any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
behave in a manner which is detrimental to the enjoyment of the Services by other users as intended by us, in our sole judgment, including, without limitation, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, behaving in a disruptive manner, social engineering, or scamming, or contrary to public morals or public policy;
impersonate or misrepresent your affiliation with any person or entity, or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
use the Services in any way that would affect us adversely or reflect negatively on us or the Services or discourage any person from using all or any portion of the features of the Services;
encourage, promote, take part in or enable anyone else to do any of the foregoing; or
violate any applicable law or regulation.
use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

If you encounter another user who is violating any of these rules, please report this activity to the relevant part of the Services, if available, or contact us at hello@fitheroes.com.

3rd Party Websites and Resources

This Site may contain links to third-party websites and resources other than our own. Fit Heroes LLC and FitHeroes.com do not assume any responsibility for those websites and provide those links solely for the convenience of our visitors.

Fit Heroes LLC and Fit Heroes.com do not control the content of those websites and take no responsibility for their content, nor should it be implied that Fit Heroes LLC and FitHeroes.com endorse or otherwise recommend such websites or the products or services offered.

Limitation of Liability

Fit Heroes LLC and Kendra Kessel will not be liable in any way, to the maximum extent permitted by applicable law, for the following:

LOSS OF PROFITS,
LOST REVENUE,
LOST SAVINGS,
LOSS OF DATA, OR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,

ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT OF ONE OF FIT HEROES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF FIT HEROES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FIT HEROES ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in the Terms will prejudice such rights that you may have as a consumer of the Services.

Limits of Responsibility

We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of products or services.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right. You agree to pay for all associated costs and fees (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of the Services; or (b) any claim that, if true, would constitute a breach by you of the Terms). You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgment or settlement.

No Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void.

Termination

To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Services with no liability or notice to you in the event that (a) you breach any terms of the Terms; or (b) we otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate the Terms in our sole discretion. Upon any termination of the Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or the Terms.

Miscellaneous

We make no representations that the content or the Site is appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

Terms and Conditions for Submitted Content

The Terms and Conditions below are intended for users who submit content to us that we are interested in using. If you submit a picture or content to us through email or social media, there Terms and Conditions apply to you.

You own the content you share: By sharing your User Generated Content (UGC) with us, you do not grant any ownership rights in the UGC, and you represent and warrant that you own all right, title and interest in the UGC that you share, including all copyright. You also represent and warrant that the sharing and publication of your UGC does not violate the rights of any other person, including intellectual property rights.

You have the right to share your UGC: By sharing your UGC, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.

You grant us a License to use your UGC: By sharing your UGC, you are granting to Fit Heroes LLC and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up license to use your UGC, including all copyright, in all forms and media. This means that we have the right to copy, display, publish, modify and store your UCG anywhere and through any means, and that our right will not expire. This also means that you will not receive any money as compensation for granting these rights.

How we will use your UGC: We have no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which images will be published. The UGC submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, e-mail marketing, point of sale store materials, and in other promotional and marketing materials.

By sharing your UGC, you release Fit Heroes LLC from any and all liability resulting from our use of the UGC.

By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove your UGC from our site, simply send us an e-mail at hello@fitheroes.com. Even if we remove your UGC, your waiver of rights will continue to apply to all UCG that we have already used.

Contact Information

Email: hello@fitheroes.com

Fit Heroes LLC

46 Peninsula Center Ste E. #505

Rolling Hills Estates, CA 90274