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Accessing Your Purchased Products
How do I access my purchased products?

To access your purchased products, you'll want to register on the FITera Community at http://community.fitera.com/users/register .  Make sure to use the same email address you used when ordering to register.  Once registered and logged in to the FITera Community, click on the "Access My Purchases" button in the left sidebar - your purchased products will always be available on this page for download.

Fast Track To Fat Loss
The Fast Track To Fat Loss Program
What is Fast Track To Fat Loss?

Fast Track To Fat Loss, first of all, is not another crash diet, gimmick, or fad.  What it is is a framework for building healthy habits that have a long-term effect on your body and your mindset.

While the information that makes up the Fast Track To Fat Loss program is firmly based on science, the real effectiveness of the program lies in the fact that it's tried and tested, tweaked and improved upon, over many years and through the feedback of thousands of clients. This means that the content is not only verified by experts and kept up to date, but also made thoroughly practical through the experiences of our success stories. For example, it's widely accepted by Health Scientists that water is important for fat loss, but the Fast Track program can tell you how much you require individually, and how to drink the right amount when you're busy, at work, on the go, and even without realizing it.

We've taken those years of experience, isolated what worked for our most successful clients, and asked "Why did this work?"  Armed with that experience, and keeping up to date on the latest developments from the world of science as it relates to health, wellness, and fat loss, we've distilled this information down into a program that is easy to follow - and also makes sense, as we try to explain WHY this works.  We feel like this is key, as if you know the WHY, then the HOW becomes much easier.

 

 

 

Meal Planning
What's so bad about counting calories? Lots of other programs tell me to do that.

We’re glad you asked. Measuring and calories counting is a lot of effort, and effort = willpower. Because it takes so much willpower (and willpower is a finite resource), giving up on calorie-counting is one of the first ways that people get off track. A method that relies on effort and willpower is not sustainable long-term, and it is very unlikely to become a true lifestyle change. Reason #2? Measuring and calorie-counting only works when you’re at home, in the kitchen with your scale and measuring cups. It doesn’t help you much at a restaurant, or dishing up a potluck at friends house. Reason #3? Calorie-counting misses a few really important things in regards to healthy nutrition: food timing, food combinations, activity level on any given day, and stopping eating when you feel full, to mention just a few.

Does Fist-Palm-Thumb really work?

Yes! This method has been used for decades and by thousands of our clients. As long as you’re sticking to ‘recommended’ or ‘acceptable’ foods from the food list, fist-palm-thumb is the simplest way to control your portions. Plus it works wherever you are, at home, at a friend’s house or at a restaurant, because you don’t need a scale.

Does that mean calories and nutritional info aren't important?

Not at all, they’ve very important. It’s just that there are better ways of using them to your advantage than weighing and measuring. As we like to say: “Calories count, but you don’t have to count them”. Nutrition info is very useful source of information, and we certainly encourage people to understand nutritional labels and use that information where appropriate, such as when comparing new products at a grocery store. (You might be surprised to learn that many products described as ‘healthy’ really aren’t when you check their nutrition info). But you don’t have to do this for every meal.

Isn't Fist-Palm-Thumb less accurate than counting calories?

We would say it’s more accurate. Certainly if you weigh a chicken breast you would be able to calculate the exact nutritional content that you consume, whereas estimating a portion of chicken using your palm is an approximation. But we think that listening to your body as your guide for when and how much to eat is even more customized that number-crunching, because it takes into account your energy levels, activity, how hungry you are etc. Plus, a simple, effective habit that you can stick to is better than a complex, super-accurate habit that you can’t sustain.

What is Fist-Palm-Thumb?

At FITera, we believe that counting calories is too complicated and time-consuming, and makes it harder to stick with the program.  Thankfully, calorie counting isn’t at all necessary to get the results you want.  A far easier approach to portion control is called the Fist/Palm/Thumb rule:

 

FIST – Carbs

PALM – Protein

THUMB – Healthy fats

 

For more in-depth information, please get in contact with us about our Fast Track To Fat Loss program.

Why are some types of foods in some meals and not in others?

Using our Recommended mode also provides a template for two other key parts of healthy eating: food timing and food combinations. When you eat different types of foods, and how you combine them, is just as important as how much you eat. (If you want to learn more about the science behind food timing and combinations, take a look here.)

Does Fist-Palm-Thumb work with all foods?

No, only with our recommended foods, or healthy equivalents. The foods in our recommended food lists are all fairly similar in terms of their calories and nutritional content, but many non-recommended foods will be much higher in calories for the same serving size, or will not be as good nutritionally. Of course there might be a few foods that aren’t in our list that certainly could be included, such as some of the less common fruits or grains. If you would like to request a food be added to the recommended list, message Chad here.

Personal Coaching
Personal Coaching Overview
What is Personal Coaching?

Our Personal Coaching program provides you with access to a professional trainer to help customize your plan, overcome your challenges and keep your weight loss on track.  

We don't just want to sell you a program and then leave you on your own to adapt it to your lifestyle and stay motivated. So, we created our Personal Coaching service which includes:

Accountability: Temptation, a busy schedule, loss of motivation, among many other factors, can make sticking to your plan difficult. Having someone you trust - who is 100% committed to you and responsible for checking in on you - is a powerful advantage and key to your success.

Customized Meal Plans and Workouts: You are unique, so it is critical that your meals and workouts are tailored to your personal likes and dislikes, your budget and schedule, and to any challenges you might have. This makes getting the results you want much quicker and easier.

Encouragement and motivation: You might have days when you feel less motivated and lose sight of your goals. Your Coach will be right there to pick you up, get you back on track, and keep you motivated and focused on the lean, fit body and good health you'll soon achieve.

You'll communicate with your Coach primarily via email, and it truly is 2-way communication.  Not only will your Coach email you on a regular basis to help you set up your plan, but you'll have their email address as well - so you can contact them with questions, and to get help with the rough spots.

 

Is Personal Coaching available if I live outside the U.S.?

YES! We have members from almost 100 countries around the world.  Because our program is so personalized,  the plan we develop for you can be tailored to the foods and time and exercise equipment YOU have available. It doesn't matter where you live - we'll be 100% committed to your success and help you every step of the way.

 

NOTE:  Due to GDPR Regulations, Personal Coaching is not currently available within the boundaries of the EU.
Will I have to buy supplements or additional products?

No, absolutely not! We're not totally against supplements; there are some that are beneficial, such as vitamins, essential fatty acids, and even protein powder, to help make getting a protein source at each meal convenient. But you definitely don't need them to get really good results. What's most important is that you implement a meal plan that combines the right foods at the right times, in the right amounts - specifically for you. When you combine this custom-tailored nutrition plan with a super effective, time-efficient workout , you start to see and feel the positive changes in your body, which in turn leads to better results.

Now, having said that, our trainers know all the best supplements to take, and those to totally avoid. So, if supplements are something you want to take, you can feel assured that your trainer will guide you to making the right purchasing decision, so you don't waste time or money.

Do I need a gym membership?

Definitely not required! In fact, if we had to guess we'd say 1/3 of our members have a gym membership, 1/3 have a home gym, and the remaining 1/3 just use their own bodyweight or resistance tubing (which is very inexpensive). Regardless of your preference, we'll come up with a plan that is perfect for you and the time and equipment you have available!

Because our program is so personalized, you can feel assured that the plan we develop for you will be perfect for the exercise equipment YOU have (or don't have) available.

I have dietary and/or physical restrictions - can Personal Coaching help?

Absolutely!  Our trainers and coaches are well versed in dietary restriction due to allergies or intolerance, and can definitely work with you to dial in your nutrition so that it is right for you.

Your Coach can also help design workouts and exercise around any physical restrictions or limitations you may have.  You're not locked into specific exercises with our program in any way.

FitFreeze
Product Information
What are the ingredients in Fit Freeze?

You’ll find our label, which includes the nutritional information, ingredients, and directions here: http://fitfreeze.com/Labels.  

Our manufacturer does process supplements that have “nut ingredients” in them. However, they are a cGMP certified and NSF registered facility and have allergen control measures in place.

At this time, Fit Freeze is not certified Non-GMO or kosher - however, these certifications are in progress, and we'll update this information as soon as that process is complete.

Serving Size

There are between 15 and 20 servings per bag of FitFreeze, depending on how much water you use to mix with the FitFreeze powder. Some use less water to make it more rich and creamy, while others like less rich. 

If you use one of our FitFreeze recipes, such as Mint Chocolate Chip, Pina Colada, or Strawberry Cheesecake, you’ll also get closer to 20 servings or more.

A serving size is a ½ cup of frozen FitFreeze ice cream, which is standard for all ice cream and yogurt products.

Instructions
Full Bag Mixing Instructions

For both full bags and sample bags, please follow the link below for instructions on how to mix our Fit Freeze ice cream:

https://fitfreeze.com/info/how-to-make-it.php

Sample Bag Mixing Instructions

For both full bags and sample bags, please follow the link below for instructions on how to mix our Fit Freeze ice cream:

https://fitfreeze.com/info/how-to-make-it.php

 

Returns
Fit Freeze Return Policy

Fit Freeze Return Policy:

 

If at any time within the first 30 days you are not completely satisfied with your FitFreeze order – for whatever reason – simply contact our Customer Care department by email (support@fitera.com) for return authorization and instructions.

There are NO hoops to jump through; we make it super quick and easy! Once your return is received, we will refund in full the initial price of your returned product.

Returns received without a return authorization are subject to a $10 restocking fee. Shipping charges for Fit Freeze are non-refundable. Fit Freeze sample bags ($4.95 shipping) are non-refundable.

Soft Serve machine
Soft Serve Instructions

Directions for Making 8 servings of FitFreeze Soft-Serve:

1.  Place the “inner bowl” (from the soft-serve machine) in the freezer for at least 8 hours.

2.  Mix 1 ½ cups (12 oz.) of water with 2 - 2 ½ cups of FitFreeze powder. Two cups of FitFreeze powder will make it a little lighter, whereas 2 ½ cups will make it richer and creamier. Experiment to see what you prefer.

3.  Place the frozen inner bowl in the soft-serve machine and assemble the rest of the parts, as shown in the video.

4.  Turn on the soft-serve machine so the paddle is rotating around the inner bowl. Pour the FitFreeze mixture in the front of the soft-serve machine, so the paddle can churn it in the frozen inner bowl.

5.  Allow to churn for around 15-20 minutes (less if the FitFreeze mixture was chilled after mixing), until it’s thick like soft-serve ice cream.

6.  Place a bowl under the soft-serve machine and pull down on the handle. The first little bit will be liquid, but soon after you’ll see thick, delicious FitFreeze dispense.

7.  Continue dispensing FitFreeze soft-serve until it’s all gone and store any leftovers in a sealed container in the freezer.

8.  Dismantle the soft-serve machine to rinse each of the parts (except the motor unit) under warm water. Hand dry each of the parts with a dish towel and place the inner bowl back in the freezer so it’s frozen and ready the next time you use your soft-serve machine.

Important Notes:

--Be sure to try new ice cream flavors from our FitFreeze Ice Cream Recipe Book. You’ll also find directions for making 2 and 4 servings as well.

--Don’t stop and start the machine during the churning process. If it’s getting thick and ready to dispense and you stop it, the paddle unit might not be able to start again and you won’t be able to dispense the soft-serve. The machine has to be on and the paddle churning as you’re dispensing the soft-serve, otherwise it won’t come out.

--If you have extra FitFreeze ice cream that you store in the freezer, keep in mind that it will be hard right out of the freezer because it only includes healthy, natural ingredients. Although we could have added ingredients to make it soft right out of the freezer, we don’t want to compromise the quality of the product, or your health. So, when you take it out of the freezer, just allow it to thaw for a bit for a nice, creamy texture.

Meta/Rise
What is in META/RISE that makes it such a powerful weight loss supplement?

META/RISE is a unique combination of the two most effective weight loss supplements in ONE “magic powder”: Garcinia Cambogia and Collagen Protein.

Garcinia Cambogia is a pumpkin-shaped fruit found in Asia, Africa, and India. The rind of the fruit contains hydroxycitric acid, which research has shown to help decrease body fat, improve your metabolism, regulate blood sugar, and boost your energy.

You’re also getting 5 grams of Collagen Protein, which has been proven to accelerate fat loss, tone and strengthen muscle, and decrease cellulite, along with a variety of other health benefits. 

What are the ingredients in MetaRise?

You’ll find our label, which includes the nutritional information, ingredients, and directions here: https://fitfreeze.com/resources/metarise-labels.jpg .

Peanut Butter Powder
What is FITera Peanut Butter Powder?

Our FITera Peanut Butter Powder is a low-calorie alternative to regular peanut butter.  iIstead of a whopping 200 calories for a small portion of peanut butter, you can eat delicious peanut butter throughout the day and enjoy all the many healthy benefits … WITHOUT worry, stress, or guilt… and WITHOUT packing on the pounds!

 

-- 85% LESS calories than regular peanut butter and just as much protein and fiber
-- NO harmful trans fats… it ONLY contains the right kind of healthy fat
-- NO artificial ingredients, fillers, preservatives, or pesticides
-- NON-GMO and it’s gluten-free, diabetic-friendly, dairy-free, and vegan
-- And it’s absolutely DELICIOUS - it tastes exactly like regular peanut butter

Other FITera Products
Fat Loss Mindset
What Is Fat Loss Mindset?

Fat Loss Mindset is a simple, powerful 3-step program created by Dr. Frank Smoot.  The program focuses on overcoming the mental and emotional challenges associated with fat loss.  Dr. Smoot is a respected pioneer in this field, and we're proud to be working with him to offer his Mindset program to the FITera Community.

Metabolic Triggers
What is Metabolic Triggers?

Metabolic Triggers is a revolutionary new weight loss system that activates dormant nomadic genes, allowing you to burn fat for energy. Specifically, through the 21 "Metabolic Triggers," you will maximize fat loss and energy automatically.

500 Fat Burning Recipes
What is 500 Fat Burning Recipes?

The answer is in the title!  These are 500 recipes that we have either collected or invented, and tested over the years against the basic nutritional rules of our Fast Track To Fat Loss program...these are the meals that made the cut and were approved by our trainers.

 

500 Fat Burning Recipes is available in ebook (PDF) format through the Store on the FITera Community Site - this means that you don't have to wait for a book to be shipped to you.  You can be in the kitchen, making great food that is good for you, within minutes of placing your order.

APPETITE
What is APPETITE?

APPETITE is the newest recipe book from FITera.  Published in 2016, this new offering has over 100 fat-burning recipes that all follow, and are powered by, the 3-part fat-burning formula utilized by Chad Tackett and FITera in our award-winning Fast Track To Fat Loss program.  The recipes in APPETITE are broken down into easy-to-use categories, making meal planning easy and fun:

 

Breakfast

Shakes and Smoothies

Vegetarian

Chicken and Poultry

Pork

Red Meat

Soups

Seafood

Side Dishes

Salads

Dressings

Desserts

FITera Community Site
How do I access my purchased products?

To access your purchased products, you'll want to register on the FITera Community at http://community.fitera.com/users/register .  Make sure to use the same email address you used when ordering to register.  Once registered and logged in to the FITera Community, click on the "Access My Purchases" button in the left sidebar - your purchased products will always be available on this page for download.

How do I reset my password?

To reset your password for the FITera Community Site, please visit https://community.fitera.com/users/reset_password.  Enter the email address associated with your FITera account, and a password reset link will be emailed to you immediately.

How do I find the Recipes page?

   Once you log in to the FITera Community site, scroll down the page and keep an eye on the right-hand sidebar - you'll see a section for "Latest Recipe", with a link underneath the recipe of the day that says "SEE ALL RECIPES".

 

   You can also, once you're logged in, browse directly to https://community.fitera.com/recipes to get to this page directly.

"Getting started" tutorial videos
Orientation

Meal Planner tutorials

Goal Planner tutorial

FitFreeze prep instructions

FitFreeze Soft Serve machine tutorial

Billing
Subscriptions
When and how often is my FITera Coaching subscription billed?

Your FITera Coaching subscription will be billed every 30 days, starting on your order date.  For billing questions or cancellation of your subscription, please do feel free to contact us at support@fitera.com, and we will be happy to help.

Returns/Refunds
How do I request a refund for a digital product?

   FITera does offer a 30-day Return/Refund policy on all purchases.  If you are within your first 30 days, simply contact us at support@fitera.com to request a refund of your digital product purchase, and we'll be happy to take care of that for you.

How do I return my Hard Copy product to FITera?

If you've decided that the product doesn't meet your needs, you can definitely send it back for a refund within the first 30 days from your order date.  For return instructions, please contact FITera Customer Care by email at support@fitera.com.

What is FITera's Return Policy?

Our 30-Day Money-Back Guarantee: If at any time during the first 30 days you are not satisfied with any product or service you purchased from us - for whatever reason - simply contact our Customer Care department by email (support@fitera.com) or by phone (866-796-7204, M-F 11AM - 4 PM) with your refund request. There are NO hoops to jump through; we make it super quick and easy! When we receive a refund request, we process it within 1 business day. Once processed, your refund will generally appear on your credit card statement within 3 - 5 business days.

Hard Copy Products: If you purchased one of our "hard copy" products and would like a refund, we do require that these products be returned prior to your refund being issued. Please contact our Customer Care department by email (support@fitera.com) for return instructions. Once your return is received, we will refund the initial price of your product. Initial shipping charges are not refundable under this policy.

If you have any questions about this policy, or our products, please do feel free to contact us at any time by email (support@fitera.com) or by phone (866-796-7204), and we'll be happy to assist in any way possible.

How long will it take for my refund to be reflected on my bank account?

This depends on your banks policies - when we issue a refund, it clears our account immediately and goes to your bank for processing.  Most US and Canadian banks generally take 3 - 5 business days to deposit your refund in your account, but can take longer - if you have questions, please do contact your bank or financial institution for more information.

Cancellations
How do I cancel my subscription?

   For any and all subscription cancellations, please email support@fitera.com, or give us a call at (866) 796-7204.  We'll process your cancellation within 1 business day of your request.

Update Billing Information
How do I change my credit card or billing information?

To make a change to your billing information, please give us a call at (866) 796-7204, and select Option 3 from our phone menu.  Our Customer Service staff will make your changes over the phone to ensure the security of your billing information.

FiteraPlus
WHAT IS FITERA PLUS?

FITera PLUS is a new, enhanced version of the FITera Community Site.  It has some very cool new features and enhanced tools that make achieving your weight loss goals so much faster and easier! Here are just 10 of the new features that make up the FITera PLUS...

 

1. Enhanced Meal Planner
This will save you so much time and stress. It becomes much easier to plan – so you can eat the foods you love, stick to your plan, and achieve your goals, guaranteed.

As you add recipes to the Meal Planner, you'll be building a file of your favorites, easy to access and repeat. Your custom recipes are designed around your goals and personal preferences, including portion sizes that are right for YOU. All your critical details are incorporated every time. Heck, it even makes...

2. Custom Grocery Lists
You can get a custom grocery list for every recipe you choose - print it out or send it to your phone for easy access. You can track each of your meals, including nutrition details. All at your fingertips, whenever you need it, wherever you are.

3. Instant Access to All 101 Delicious, Fat-Burning Recipes in our Popular Cookbook, APPETITE
You'll discover exactly how to strategically modify your favorites so they actually help you burn fat, such as: Pizza, Burgers, Fries, Lasagna, Nachos, Cake, Cookies, Ice cream...and a bunch of other delightful comfort foods.

Every recipe is delicious, easy to make, inexpensive, and actually GOOD for you. It makes achieving your goals so, SOOOO MUCH EASIER.

4. Recipe Finder Tool
Looking for a recipe high in protein and/or low in sugar? How about a recipe that is diabetes-friendly, vegan or gluten-free? Maybe you need a recipe you can prepare in 10 minutes or less...

You simply click a few boxes to find the recipes you want right then. Recipes tailored to your preferences. Within seconds, you have a delicious, healthy recipe that works for YOU. And best of all, you can even save your favorite recipes for easy access later!

5. NEW Delicious, Fat-Burning Recipes Every Week
Every week, we publish new recipes exclusively for FiteraPlus Members - tested, proven recipes that taste great, burn fat and help you reach your goals, quickly and deliciously.

6. We'll Custom-Create Healthier Versions of Your Favorite Recipes
Have a favorite meal or one your family loves, but you don't prepare it because it's not good for you? FITera PLUS members can request an alternative healthy version of any recipe - doesn't matter what it is.

Take your favorite, most fattening, sugar-packed meal, snack, or dessert, and we'll transform it into one that follows our program perfectly to help you lose weight, rather than totally sabotage your progress, and your health.

7. Done-for-You Meal Templates for an Entire Day or Week
Each template automatically combines the right foods, at the right times, in the right amounts - specifically for you (based on your gender, weight, age, and other particulars). And, it's easy to choose one meal, a whole day's worth, or a week at a time.

It's all easily customized to everything about you, including everything you need to achieve your goals. That means it's a realistic plan you can enjoy for the rest of your life - without feeling deprived!

8. Favorite Recipes of our Amazing Success
We have thousands of amazing stories of men and women of all ages, shapes and sizes, who have achieved remarkable results with our program. Now, you can model their success with access to the same delicious meals they enjoyed to transform their bodies and totally change their lives. It's a great feature of the meal planning templates.

9. Full, Unlimited Access to Our Workout Video Library
This goes way beyond the weekly videos provided at the free level of membership. In fact, you can search hundreds of workout videos and set parameters to meet your particular needs.

For example, got a knee problem? We have beginner level videos you can follow at home, that are 15 minutes or less, that can relieve your knee pain. You can sort videos by instructor or exercise type. Want to build strength? Want to work on your core, or tone your arms and legs? We have videos that address your needs.

It's so much easier (and more fun) to exercise when you can mix it up and find something you actually enjoy! For that reason, we've included a variety of different ways to workout, including: beginner "just getting started" workouts, yoga and pilates workouts, dumbbells-only workouts, and many more.

Find the perfect video for you, press play on your favorite device and follow along in the comfort, convenience, and privacy of your own home, and achieve the results you're after.

10. Stand out from the Crowd
With your FITera PLUS membership, you'll get a new flashy gold border on all of your community activity to show everyone your PLUS status! Lots of additional customization for your account will come soon as well, including changing colors, badges, and more - to show just how committed you really are!

Shipping
Shipping FAQ
What carrier will my FITera order be shipped with?

FITera utilizes USPS Media Mail for all orders.

How soon will my order ship?

Orders are generally shipped from 1-2 business days after your order date.

What is the expected shipping time for my FITera order?

USPS Media Mail has a 2-9 day delivery timeframe, as per the USPS website.

Will I receive a tracking number for my order?

   Absolutely!  As soon as your order is processed by our warehouse, you'll receive an email with your order information and a tracking number for your shipment.

Skinne
Skinne Support
Skinne By Nutrie - Billing and subscription support

Skinne is a product that is produced and sold by a partner of ours - Nutrie LLC.  For billing and subscription cancellations, please contact Nutrie directly at their support page:  https://nutrie.zendesk.com/hc/en-us

FITera Terms And Conditions
FITera Terms of Use
FITera Terms And Conditions Of Use
FITera Terms & Conditions of Use
 

To qualify for the $1000 "success story reward", you must:

  1. Take a before photo holding a current newspaper (to verify the date) and then an after photo (with newspaper on that date) once you've lost at least 30 lbs. Send your before and after photos and a brief written testimonial about losing weight on our program to support@fitera.com.
  2. The 30 lbs lost must be fat, as we do not encourage losing muscle or water weight. This can be determined by having your body fat measured one of the following ways:
    • using the hydrostatic weighing method, which can be administered at a local hospital, clinic, or university.
    • using the skinfold caliper method, administered by a certified personal trainer. Please scan and send your before and after results tosupport@fitera.com or mail to 12042 SE Sunnyside Rd, Suite 708 Clackamas, OR 97015
  3. Consult your doctor and get written approval before starting the program.
  4. Be willing to share your results and success story with others.

AGREEMENT

These Terms of Use (the "Agreement") constitute a legally binding agreement by and between FITera, LLC (hereinafter, "FITera") and you ("You" or"Your") concerning Your use of FITera's Fast Track to Fat Loss website (the "Website") and the services available through the Website (the"Services"). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and FITera's Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

PRIVACY POLICY

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. FITera encourages users of the Website to frequently check FITera's Privacy Policy for changes.

CHANGES TO AGREEMENT AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, FITERA RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless FITera obtains Your express consent, any revised Privacy Policy will apply only to information collected by FITera after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

ELIGIBILITY

BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

LICENSE

Subject to Your compliance with the terms and conditions of this Agreement, FITera grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of FITera. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of FITera or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

THE WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP

FITera provides the Website for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. FITera is not a medical professional, and FITera does not provide medical services or render medical advice. The Website and Services are not a substitute for the advice of a medical professional, and the information made available on or through the Website and Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional. YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND FITERA.

YOU HEREBY AGREE THAT, BEFORE USING THE WEBSITE AND SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET.

RELIANCE ON THIRD-PARTY CONTENT

Opinions, advice, statements, or other information made available by means of the Website and Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. FITERA DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL FITERA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.

RISK ASSUMPTION

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY FITERA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.

USER INFORMATION; PASSWORD PROTECTION

In connection with Your use of certain Services, You are required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services, including without limitation your mailing address, will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning "User Ability to Access, Update, and Correct Personal Information" in FITera's Privacy Policy.

You will also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other Member at any time. You agree to notify FITera immediately of any unauthorized use of Your account, user name, or password. FITera shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by FITera, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password. You must also promptly notify FITera if any credit/debit card that You have provided to us is lost, stolen or used without permission.

PUBLIC PROFILES; INFORMATION PROVIDED BY MEMBERS

As part of registration with the Website, members must create public profiles, which contain certain indentifying information (such as age, height, body type, ethnicity, marital status, religion, etc.). In addition, members have the option to post photographs, videos and other information (such as likes and dislikes) on their public profiles. FITera relies on its members to provide current and accurate information, and FITera does not, and cannot, investigate information contained in member public profiles. Accordingly, FITera must assume that information contained in each member public profile is current and accurate. FITERA DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THE SERVICES.

YOUR INTERACTIONS WITH OTHER MEMBERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT FITERA HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. FITERA DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS OR THEIR COMPATIBILITY WITH YOU. IN NO EVENT SHALL FITERA BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT IN CONNECTION WITH SUCH MEMBER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES.

MEMBER DISPUTES

FITera reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold FITera harmless in connection with any dispute or claim You make against any other member.

CONSENT TO RECEIVE EMAIL FROM FITERA

By registering with the Website, you thereby consent to receive periodic email communications regarding the Services, new product offers, promotions and other matters.

CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM MEMBERS

By registering with the Website, your thereby consent to receive electronic communications, including email and instant messages from other Website members.

THIRD-PARTY WEBSITES

The Website is linked with the websites of third parties ("Third-Party Websites"), some of whom may have established relationships with FITera and some of whom may not. FITera does not have control over the content and performance of Third-Party Websites. FITERA HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, FITERA DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. FITERA DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES. YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

USER CONTENT

"User Content" is any content, materials or information, not including Personal Information (as defined in FITera's Privacy Policy , that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. YOU HEREBY GRANT FITERA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "FITERA PARTIES") A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE FITERA PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR NAME AND/OR ANY USER NAME OF YOURS IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE FITERA PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.

You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the FITera Parties under this section.

PUBLIC FORUMS

"Public Forum" is any area, site or feature offered as part of the Website (including without limitation public profiles, discussion forums, message boards, blogs, chat rooms, emails or instant messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same. FITERA DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS

You agree and understand that you may be held legally responsible for damages suffered by other Website members or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, FITera is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.

OBJECTIONABLE CONTENT

You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other FITera agreement or policy; or (i) is generally offensive or in bad taste, as determined by FITera (collectively, "Objectionable Content"). FITERA DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, FITera reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. FITera, in its sole discretion, may delete any Objectionable Content from its servers. FITera intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

PROHIBITED USES

FITera imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to FITera or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) create more than one unique public profile; (e) harvest or otherwise collect information about FITera users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming", "mail bombing", or "crashing"; (j) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (l) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the FITera Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.

INTELLECTUAL PROPERTY

Compliance with Law

You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.

Trademarks

FITera, FastTrackToFatLoss.com, and the Fast Track to Fat Loss logo and FITera logo (collectively, the "FITera Marks") are trademarks or registered trademarks of FITera to Fat Loss, LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the FITera Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the FITera Marks generated as a result of Your use of the Website and Services will inure to the benefit of FITera, LLC, and You agree to assign, and hereby do assign, all such goodwill to FITera, LLC. You shall not at any time, nor shall You assist others to, challenge FITera, LLC's right, title, or interest in or to, or the validity of, the FITera Marks.

Copyrighted Materials; Copyright Notice

All content and other materials available through the Website and Services, including without limitation the FITera logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by FITera, LLC or are the property of FITera's licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2008 to the present, FITera, LLC. ALL RIGHTS RESERVED.

DMCA Policy

As FITera asks others to respect FITera's intellectual property rights, FITera respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want FITera to delete, edit, or disable the material in question, you must provide FITera with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 FITera to locate the material; (d) information reasonably sufficient to permit FITera to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to FITera's designated agent at:

Copyright Agent
[info@fasttracktofatloss.com]

DISCLAIMERS; LIMITATION OF LIABILITY

NO WARRANTIES

FITERA, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITERA, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER FITERA NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT FITERA WILL RECEIVE DOCUMENTS YOU UPLOAD TO FITERA'S SERVERS. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO CONFIRM RECEIPT BY FITERA OF DOCUMENTS UPLOADED TO FITERA'S SERVERS. NEITHER FITERA NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.

YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD FITERA OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

LIMITATION OF LIABILITY

THE LIABILITY OF FITERA AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FITERA OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO FITERA OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF FITERA AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO FITERA DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FITERA AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND FITERA OR BETWEEN YOU AND ANY OF FITERA'S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. FITERA'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other FITera policies, and with any applicable laws or regulations.

INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless FITera and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Industry Professionals (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to FITera or any of the Indemnified Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

GOVERNING LAW; JURISDICTION AND VENUE

The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Portland, Oregon and shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT 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 in accordance with its fair meaning and not strictly for or against either party.

Requirement of Arbitration.

You agree that any dispute, of any nature whatsoever, between You and FITera arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of the American Arbitration Association (AAA) in Portland, Oregon unless You and FITera mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of Oregon. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the AAA fee and reasonable attorney's fees) to the prevailing party.

Remedies in Aid of Arbitration; Equitable Relief.

This agreement to arbitrate will not preclude You or FITera from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or FITera from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE FEDERAL AND STATE COURTS LOCATED IN PORTLAND, OREGON; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

JOINDER OF CLAIMS.

YOU AGREE (1) THAT YOU WILL NOT JOIN ANY CLAIM AGAINST FITERA WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION, OR OTHER PROCEEDING, (2) THAT NO ARBITRAL CLAIM BROUGHT BY YOU OR FITERA WILL BE RESOLVED ON A CLASS-WIDE BASIS, AND (3) THAT NEITHER YOU NOR FITERA WILL ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.

TERMINATION

By FITera

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, FITERA RESERVES THE RIGHT TO, IN FITERA'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

Automatic Termination Upon Breach By You

This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by FITera.

By You

You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to FITera, LLC notice of Your intention to do so, in the manner required by this Agreement.

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, FITera may, but has no obligation to, in FITera's sole discretion, rescind any services, including without limitation registered agent services, and/or delete from FITera's systems all Your Personal Information and any other files or information that You made available to FITera or that otherwise relate to Your use of the Website or Services. Subsequent to termination, FITera reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.

Legal Action

If FITera, in FITera's discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, FITera will be entitled to recover from You as part of such legal action, and You agree to pay, FITera's reasonable costs and attorneys' fees incurred as a result of such legal action. The FITera Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.

Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 6-13, 16-26, 28-29 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed FITera.

NOTICES

All notices required or permitted to be given under this Agreement must be in writing. FITera shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to FITera. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH FITERA IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY FITERA OF AN EMAIL TO THAT ADDRESS. You shall give any notice to FITera by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to 10121 SE Sunnyside Rd, Suite 208 Clackamas, OR 97015. All notices to FITera will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from FITera electronically satisfies any legal requirement that such notice be in writing.

GENERAL

This Agreement constitutes the entire agreement between FITera and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of FITera or by the unilateral amendment of this Agreement by FITera and by the posting by FITera of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of FITera. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and FITera are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the FITera Parties and the Indemnified Parties as and to the extent set forth in Sections 17, 21 and 27(e), and FITera's licensors and suppliers as and to the extent expressly set forth in Section 23, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to FITera and FITera's licensors and suppliers, and would therefore entitle FITera or FITera's licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.

Contact FITera Customer Care
Contact Info

There are 2 ways to contact FITera Customer Care:

 

EMAIL:  Please use the "Contact Us" button below to send us an email, and we'll respond within 1 business day.

 

PHONE:  (866) 796-7204, Monday-Friday 11 AM - 4 PM PST (excluding US holidays)

 

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