Fit by DianaG, LLC Terms of Service
Last Updated 10.10.24
This is an agreement between you, the Member (“you,” “your,” “yours”), and Fit by DianaG, LLC, a New Jersey limited liability company, along with any affiliated entities (collectively, “DG FIT,” “Fit by DianaG, LLC,” the “Company,” “we,” or “us”).
Terms & Privacy
Legal
A. Acceptance of the Terms
These Terms of Service are between you and Fit by DianaG, LLC. The following terms and conditions, along with any referenced documents, links, or affiliated social media websites and platforms incorporated by reference (collectively, “Terms of Service”), govern your access to and use of our wellness and fitness services and content (the “Services”).
By accessing, engaging with, or using any portion of this site and its content, you acknowledge and accept these Terms of Service. You may not use our products or services for any illegal or unauthorized purposes, and you agree not to violate any laws in your jurisdiction while using the Service (including, but not limited to, copyright laws).
A breach or violation of any of the Terms of Service will result in an immediate termination of your access to the Services. Please review these terms carefully before using or accessing the Company’s website. If you do not agree to these terms, you must stop accessing and using the website immediately.
B. Changes to Terms
We reserve the right to modify these Terms of Service at any time and at our sole discretion, without prior notice to users. The "Last updated" date at the top of this page reflects the most recent changes.
By continuing to use the Company’s website after changes are made to these terms, you are accepting the modified Terms of Service. If you do not agree with any modifications, you must cancel your membership and cease accessing the Company’s website.
C. Access to Platform
To access the content on this website, you must be a paying subscriber of the Company. You are required to create an account, which involves providing your email address, full name, date of birth, billing address, credit card information, and a password. By creating an account on our website, you agree to receive notifications from us at the email address you used to sign up for your Fit by DianaG account.
You may not create or maintain an account if you are a member of a terrorist or hate group. Additionally, you are prohibited from purchasing any goods or services from us if you are (a) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country, or (b) listed on any U.S. Government list of restricted parties.
You may create an account if you are at least 18 years old without parental or guardian consent. By creating an account, you represent that you are at least 18 years of age. If you are a parent or guardian of a member under the age of 18, and to the extent permitted by law, you are granting permission for your child to use the Services through your account. You agree and understand that you are responsible for monitoring and supervising your child’s use of the Services.
You are responsible for all activity that occurs under your account, including any unauthorized use. You must take appropriate measures to maintain the confidentiality of your account credentials. If you are using a shared computer, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately at fitbydianag@gmail.com.
You understand and agree that our Services are operated on the online platform Arketa. Therefore, your access to and use of the Services is also governed by Arketa’s Terms of Service and Privacy Policy, in addition to these Terms of Service and Fit by DianaG, LLC’s Privacy Policy. If you do not agree with these policies, you must cease using the Services on this platform.
D. Prohibited Uses
You are prohibited from using the site or its content for:
(a) any unlawful purpose;
(b) soliciting others to perform or participate in any unlawful acts;
(c) violating any international, federal, state, provincial, or local regulations, rules, laws, or ordinances;
(d) infringing upon or violating our intellectual property rights or the intellectual property rights of others;
(e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) submitting false or misleading information;
(g) uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service, the website, or the Internet;
(h) collecting or tracking the personal information of others;
(i) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) any obscene or immoral purpose; or
(k) interfering with or circumventing the security features of the Service, website, or the Internet.
Fit by DianaG, LLC reserves the right to terminate your use of the Service or any related website for violating any of these prohibited uses.
E. Intellectual Property Rights
The trademark "DG FIT" and all content provided through the platform are the sole and exclusive property of Fit by DianaG, LLC. Content included on the website is created and owned exclusively by the founder of Fit by DianaG, LLC. Members are prohibited from distributing paid-for content to third parties, including but not limited to posting on online forums, social media, or any other platform that shares the Services with non-paying individuals. Unlawful distribution of copyrighted materials is strictly prohibited.
By accessing the Services, you are granted a non-exclusive, non-transferable, revocable license to access the content on the Fit by DianaG, LLC platform strictly in accordance with these Terms of Service. All content provided as part of the Service, such as text, graphics, logos, images, products, and any software used on the platform, is the property of Fit by DianaG, LLC and its founder. This content is protected by copyright, trademark, and other laws regarding intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or restrictions contained in any such content.
By accepting these Terms of Service, you agree not to modify, publish, transmit, reverse engineer, transfer, sell, create derivative works, or exploit any of the content in whole or in part found on the website. The content and Services provided by Fit by DianaG, LLC are not for resale. Your use of the site does not entitle you to make unauthorized use of any protected content, including deleting or altering any copyright notices. You agree to use protected content solely for personal use and will not make any other use of the content without the express written permission of Fit by DianaG, LLC and the copyright owner. You do not acquire any ownership rights in any protected content, and Fit by DianaG, LLC does not grant any licenses, express or implied, to the intellectual property of Fit by DianaG, LLC except as expressly authorized by these Terms of Service.
UNLAWFUL DISTRIBUTION OF THE CONTENT PROVIDED ON THE WEBSITE IS STRICTLY PROHIBITED.
F. Subscription Purchases and Other Purchase Terms and Conditions
Fit by DianaG, LLC is a fitness, wellness, and lifestyle-focused company. To continue evolving and creating more content, on-demand videos, and resources for its users, Fit by DianaG, LLC reserves the right to modify its subscription pricing at its sole discretion. We reserve the right to add or remove videos, recipes, or any content at any time.
To become an active member of Fit by DianaG, LLC, you must purchase a subscription and provide a valid payment method. Taxes, including VAT (where applicable), may be applied to charges. Fit by DianaG, LLC does not control any fees that may be imposed by your bank or credit card provider. We reserve the right to change subscription fees and product pricing at any time. All fees are exclusive of any applicable taxes and fees, and you will be responsible for paying any taxes and fees related to your purchases, except U.S. federal or state taxes, if applicable.
You may cancel your membership at any time by emailing us at fitbydianag@gmail.com or canceling on the platform prior to your next billing cycle. If you cancel a membership obtained during promotional pricing and later choose to rejoin, your subscription price will reflect the current rate at the time of re-enrollment, and prior promotional prices will not be honored.
ALL PURCHASES, INCLUDING MONTHLY SUBSCRIPTION RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
G. Nutrition Waiver
Fit by DianaG, LLC is a wellness platform and community providing fitness classes, recipes, and nutritional inspiration only. While we are certified nutrition coaches, we are not providing medical advice, nor are we registered dietitians or nutritionists. Our services are based solely on the founder’s certification, personal experiences and knowledge.
The recipes and nutritional guidance provided are not meant as prescriptions or treatments for any medical condition. If you have a medical condition, please consult a registered dietitian or physician for personalized nutritional advice.
H. Exercise Waiver
Fit by DianaG, LLC offers live and on-demand workout and exercise videos, but it does not provide a physical gym or fitness space. You are responsible for ensuring you can safely use these services. You should consult a medical professional and complete a physical examination before engaging in the services, particularly if you have a history of illness or injury.
If you have concerns about your ability to safely use Fit by DianaG, LLC’s services for any reason, such as health conditions, medications, past injuries, or family health history, you should refrain from using the services. Participating in fitness activities comes with inherent risks, and by using the services, you assume all risks related to injury or health issues.
H. Exercise Waiver
Fit by DianaG, LLC offers live and on-demand workout and exercise videos, but it does not provide a physical gym or fitness space. You are responsible for ensuring you can safely use these services. You should consult a medical professional and complete a physical examination before engaging in the services, particularly if you have a history of illness or injury.
If you have concerns about your ability to safely use Fit by DianaG, LLC’s services for any reason, such as health conditions, medications, past injuries, or family health history, you should refrain from using the services. Participating in fitness activities comes with inherent risks, and by using the services, you assume all risks related to injury or health issues.
J. Limitation of Liability
Fit by DianaG, LLC, including its affiliates, is not liable for any damages of any kind. We do not guarantee that our services will be uninterrupted, timely, secure, or error-free, as certain technological disruptions may occur beyond our control. We reserve the right to remove or cancel the service without prior notice.
You expressly agree that your use of the service is at your own risk. The services, along with all products provided through the platform, are offered "as is" and "as available" without any representation or warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. Participation in exercises or workouts provided through our services is done entirely at your own risk. We recommend consulting a medical professional before beginning any workout.
Fit by DianaG, LLC, along with its directors, officers, employees, affiliates, agents, contractors, suppliers, and licensors, is not liable for any injury, loss, or damages, including direct, indirect, incidental, punitive, special, or consequential damages of any kind (including lost profits, revenue, savings, data, or similar losses) arising from your use of the service, any products obtained through the service, or any content or errors in the service. If state or jurisdictional laws do not permit exclusion or limitation of liability for consequential or incidental damages, liability will be limited to the fullest extent permitted by law.
K. Indemnification
You agree to indemnify, defend, and hold harmless Fit by DianaG, LLC, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your breach of these Terms of Service or any documents referenced herein, or your violation of any law or third-party rights.
L. Governing Law
These Terms of Service, along with any related agreements through which we provide services, will be governed by and interpreted in accordance with the laws of the United States, specifically the state of New Jersey.
M. Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or rules posted by us on this site concerning our services, represent the complete agreement and understanding between you and Fit by DianaG, LLC. This agreement supersedes any prior agreements, communications, or proposals, whether oral or written, between you and us (including previous versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service will not be interpreted against the drafting party.
N. Contact Us
For any questions regarding these Terms of Service, please contact us at: fitbydianag@gmail.com.
Fit by DianaG, LLC
PRIVACY POLICY
Introduction:
Fit by DianaG, LLC (“Fit by DianaG” and “fitbydianag.com”) is committed to safeguarding the privacy and accuracy of confidential information, to the extent possible, subject to provisions of state and federal law. Except as required by laws that guarantee public access to specific types of information or in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared. We do not re-distribute or sell personal information collected on our web servers.
PLEASE READ THIS PRIVACY POLICY AND OUR TERMS OF USE CAREFULLY.
The terms in this Privacy Policy form a binding legal agreement between you and Fit by DianaG, LLC. By using this site and the related services, you unconditionally agree to be bound by the terms stated in this Privacy Policy and our Terms of Use, including all exclusions and limitations of liability, and warrant that you have full authority and capacity, legal and otherwise, to use the services. If you do not agree with any part of these terms, you may not access or use this site or the services. We reserve the right to periodically update this Privacy Policy as our practices evolve. Your continued use of the site after such changes indicates your acceptance of the updates, so please check back regularly for revisions.
Information Collected:
Fit by DianaG, LLC may collect and use the following types of information from users who access the site and services:
Fit by DianaG does not associate this data with individual user identities.
Cookies:
Fit by DianaG and fitbydianag.com may use "cookies" to deliver web content specific to users' interests or to track online purchasing transactions. Sensitive personal information is not stored within cookies.
Webforms:
Fit by DianaG and fitbydianag.com may use electronic forms on this site from time to time. These forms may request contact information such as email addresses or payment information. Contact information from these forms is used solely to send materials related to the services for which it was collected and will not be sold to third parties.
Use of Collected Information:
Fit by DianaG, LLC will only use personal information collected from this site for communication purposes with individuals who contact us via the site.
Distribution of Collected Information:
Fit by DianaG, LLC will not disclose your personal information without your consent, except under certain circumstances where disclosure is required by law. We will not distribute or sell personal information to third-party organizations. This Privacy Policy does not apply to third-party websites, such as Arketa. Please review Arketa’s privacy policy before using their services.
Privacy Policy Revisions:
This Privacy Policy was last revised on 10/10/2024. We reserve the right to change this Privacy Policy at any time. We encourage you to review this Privacy Policy each time you visit our site. If significant changes are made, a notice will be posted on the homepage of our website for a period following the change.
Responsibility for External Sites:
This website may contain links to other websites operated by third parties. These links are provided for your convenience, but we do not control or review the privacy practices of third-party websites. We are not responsible for the performance of third-party websites or for your business dealings with them. Whenever you leave this website, we recommend you review the privacy practices of each external site.
How to Contact Us:
If you have any questions about this Privacy Policy, please contact us at fitbydianag@gmail.com.
For any questions regarding these Terms of Service, please contact us at: fitbydianag@gmail.com.
Fit by DianaG, LLC
PRIVACY POLICY
Introduction:
Fit by DianaG, LLC (“Fit by DianaG” and “fitbydianag.com”) is committed to safeguarding the privacy and accuracy of confidential information, to the extent possible, subject to provisions of state and federal law. Except as required by laws that guarantee public access to specific types of information or in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared. We do not re-distribute or sell personal information collected on our web servers.
PLEASE READ THIS PRIVACY POLICY AND OUR TERMS OF USE CAREFULLY.
The terms in this Privacy Policy form a binding legal agreement between you and Fit by DianaG, LLC. By using this site and the related services, you unconditionally agree to be bound by the terms stated in this Privacy Policy and our Terms of Use, including all exclusions and limitations of liability, and warrant that you have full authority and capacity, legal and otherwise, to use the services. If you do not agree with any part of these terms, you may not access or use this site or the services. We reserve the right to periodically update this Privacy Policy as our practices evolve. Your continued use of the site after such changes indicates your acceptance of the updates, so please check back regularly for revisions.
Information Collected:
Fit by DianaG, LLC may collect and use the following types of information from users who access the site and services:
- Contact information such as full names, email addresses, phone numbers, date of births, and payment information (e.g., credit card information via encrypted software).
- Analytics, including:
- Internet Protocol (IP) address of the computer being used
- Web pages requested
- Referring web page
- Browser used
- Date and time of visit
Fit by DianaG does not associate this data with individual user identities.
Cookies:
Fit by DianaG and fitbydianag.com may use "cookies" to deliver web content specific to users' interests or to track online purchasing transactions. Sensitive personal information is not stored within cookies.
Webforms:
Fit by DianaG and fitbydianag.com may use electronic forms on this site from time to time. These forms may request contact information such as email addresses or payment information. Contact information from these forms is used solely to send materials related to the services for which it was collected and will not be sold to third parties.
Use of Collected Information:
Fit by DianaG, LLC will only use personal information collected from this site for communication purposes with individuals who contact us via the site.
- Browser-IP-address information and anonymous browser history are used for reporting site access information and profiling to improve web presentation and utilization. IP address information may also be used for troubleshooting purposes.
- Collected information is used to identify users accessing secure content and to pre-fill forms with user information.
Distribution of Collected Information:
Fit by DianaG, LLC will not disclose your personal information without your consent, except under certain circumstances where disclosure is required by law. We will not distribute or sell personal information to third-party organizations. This Privacy Policy does not apply to third-party websites, such as Arketa. Please review Arketa’s privacy policy before using their services.
Privacy Policy Revisions:
This Privacy Policy was last revised on 10/10/2024. We reserve the right to change this Privacy Policy at any time. We encourage you to review this Privacy Policy each time you visit our site. If significant changes are made, a notice will be posted on the homepage of our website for a period following the change.
Responsibility for External Sites:
This website may contain links to other websites operated by third parties. These links are provided for your convenience, but we do not control or review the privacy practices of third-party websites. We are not responsible for the performance of third-party websites or for your business dealings with them. Whenever you leave this website, we recommend you review the privacy practices of each external site.
How to Contact Us:
If you have any questions about this Privacy Policy, please contact us at fitbydianag@gmail.com.
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