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Terms and Conditions of Use

Welcome to Fantasy Fit, a service of Fantasy Fit, Inc. (hereinafter, the "Company" or "FF"). You must agree to the following terms of use in order to proceed and purchase a membership, phone consultation or product on this website. Please review the following terms carefully, as they govern the relationship between you and FF. If you do not agree to these terms, you may not do business with this website, and you should not continue through the purchase process.

Acceptance of Agreement: You hereby agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the FF website. This Agreement constitutes the entire and only agreement between you and FF, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content posted on the web site, the marketing copy of the website, all products or services provided by or through the website, and the subject matter of this Agreement. This Agreement may be amended at any time, from time to time, by FF without specific notice to you. The latest Agreement will always be posted on the website, and you should review this Agreement prior to using the website.

Legal Disclaimer & Release: The information provided on the FF website is designed to help you make informed decisions about your health and fitness. It is not intended as a substitute for the advice or treatment that may have been or should have been prescribed by your physician or any other health care providers.

This website provides FF's opinion in regards to the subject matter contained herein. You agree that your participation in the FF programs is at YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY FF, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR INJURIES ARISING FROM YOUR USE AND APPLICATION, EITHER DIRECTLY OR INDIRECTLY, OF ANY ADVICE, INFORMATION OR METHODS PRESENTED WITHIN THE SITE OR BY OUR TRAINERS.

THE INFORMATION FROM OR THROUGH THE WEB SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). FF ASSUMES NO RESPONSIBILITY FOR YOUR INABILITY TO ACCESS THE FF WEBSITE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FF AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FF AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Before following any of the FF information or recommendations from our website or our trainers, you agree to consult with your physician and get a physical examination from your physician, especially if you are considered to be at risk for potential problems resulting from an exercise program and/or making changes to your diet.

You will be required to provide your physician's name and phone number to work with our trainers via one of our memberships or through phone consultations.

By purchasing from the FF website, you understand and agree that you are solely responsible for the way that the information on the FF website is perceived and utilized, and do so at your own risk. In no way will you hold FF, nor any of its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, trainers, or suppliers responsible for any injuries or problems that might occur due to your use of this website or the advice contained within or given by our trainers.

Notwithstanding the foregoing or following paragraphs, the total liability of FF and its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, trainers, or suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information, product, or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of the FF website are hereby excluded even if FF or its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, trainers, or suppliers, have been advised of the possibility of such damages.

Membership Agreement: Those who become FF members will create a user name and password that provides full access to all of the information presented within the FF website. Only registered FF members have permission to view and print any and all of the information provided within the FF website. Members, or anyone otherwise, may not loan, rent, lease, share, or otherwise transfer the information to another person without the written permission of FF.

The FF membership user name and password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership user name or password, or any of the information presented within the FF website without specific written permission from FF, is violating the conditions of this agreement with FF. This will result in automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.

You agree that FF may, at its option, use your likeness, success story, and quotations in its advertising, marketing, and website materials without your prior approval or consent. Your last name will not be used in any of the aforementioned materials.

The entire contents of the FF website are copyrighted under the laws of the United States and other copyright laws. You agree to comply with all copyright laws and intellectual property rights. This website and the materials on this website, including, but not limited to images, photographs, audio and/or video content, illustrations, and text, are the property of FF and may not be reproduced, distributed, publicly performed, or otherwise used, except with the express written permission of FF. You assume responsibility for negligent or wrongful conduct by you or any other person who may be fraudulently accessing FF using your membership username and password.

All FF phone consultations will be recorded. All other phone calls may be recorded. All recorded phone conversations become and will remain the sole property of FF.

It is your responsibility to maintain contact with your FF trainer. Reasonable effort will be made by FF to initiate contact with you, but the ultimate responsibility for communication is yours. FF is not responsible if you do not communicate.

Refund Policy: Due to the nature of services provided by FF, there is no refund for services unused. Unopened CDs may be returned at your expense using proof of delivery such as return receipt requested. A five dollar restocking charge will be deducted from the CD refund.

You may cancel your FF membership at any time, with or without cause, upon e-mail notice or a phone call, and we will promptly delete you from our files. Your membership will automatically renew, however, on your renewal date, until and unless you cancel your membership. The foregoing provisions regarding your confidential user name and password, indemnification, waiver, and release and limitation of liability, shall survive any termination of this agreement, however.

Miscellaneous: This Agreement shall be treated as though it were executed and performed in Virginia, and shall be governed by and construed in accordance with the laws of the State of Virginia (without regard to conflict of law principles). Any cause of action by you with respect to the website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Virginia. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. FF's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

The FF Security/Privacy Policy forms part of, and is incorporated into these Terms and Conditions of Use. You may read our Security/Privacy policy by clicking the link at the top of any of our web pages.

If you have any questions or concerns regarding these Terms and Conditions, please use the Contact Us form located at the top of any of our web pages.