Service Agreement

Service Agreement

Fit Pro Nutrition, LLC ("FitPro", "us", "our", "we", "Company") maintains this Internet site together with other Internet sites ("Sites") as a service to the Internet community. The content (images and text) ("Content") is the property of FitPro and protected by United States and international intellectual property laws. As a user of the Sites, you may download Content solely for your personal, non-commercial use. You may not use the Content in any matter inconsistent with this Service Agreement ("Agreement") or applicable law, nor may you copy, modify or alter the Content.

The Content and other information presented on the Sites are for educational purposes only. A health care professional does not intend it as a substitute for medical counseling. Before starting this or any other diet or fitness program, consult your physician or other health care provider to determine if one or more of our diet and/or fitness programs are right for your needs. Do not start a diet or fitness program with us if your physician or health care provider advises against it. FitPro reserves the right to refuse or cancel your order due to certain medical conditions. We also reserve the right to cancel your order should you violate the terms and conditions of this Agreement and any other posted policy on the Sites. FitPro Nutrition Prescriptions are non-transferable.

We will use reasonable efforts to include accurate and up-to-date Content and information on the Sites. From time-to-time we will include content and/or information provided by third parties. By clicking on certain links within the Sites, you may leave the FitPro Sites for another Web site ("Third Party Site") which FitPro neither owns nor controls. FitPro shall not be liable to you for your use of a Third Party Site.

At certain points in using the Sites, you will be asked to provide information to us. We collect two types of information from you, personally identifiable and non-personally identifiable. The personally identifiable information that we collect, includes but is not limited to, your first and last names, your street address (including the city, state and zip code), your telephone number and your credit card number. Non-personally identifiable information we collect includes, but is not limited to, your email address, your weight, your height, and your eating and fitness preferences. We do not sell personally identifiable information. We will not disclose your personally identifiable information in a manner inconsistent with this Agreement or any other posted policy on the Sites unless authorized by you to do so, or as required by law, or to protect our interests. We will not request personally identifiable information, your user name and/or password nor credit card information via email. In the event that you receive any communication that purports to be from FitPro that seeks personally identifiable information, send that request to FitPro via email to info@fitpronutrition.com or by mail to the address stated below.

Any non-personally identifiable information, communications or material you send to us by any method is deemed by us to be non-confidential and you expressly license FitPro to use, reproduce, and create derivative works from information, communications or material. The Company reserves the right to use comments, testimonials and other statements made by you on our Sites including, but not limited to those you may post on our bulletin boards, in our chat rooms, in marketing and promotional materials. Any information, communications or material you send to us must be truthful, legal, and not violate any third party intellectual property or other rights. We reserve the right to change this Agreement and any other posted policy on the Sites or to withdraw, change or add products or services contained within our Sites at any time.

You agree to: (a) maintain all equipment necessary for your access to and use of the Sites; (b) maintain the security of your user identification, password and other confidential information relating to your FitPro account; (c) be responsible for all charges resulting from use of your FitPro account, including unauthorized use prior to your notifying FitPro of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) updating your personal information, including email address.

If you are not completely satisfied with goods or services provided by FitPro you may request a refund within 30 days of purchase as follows:

By email: send an email to info@fitpronutrition.com. In the text of the body of your email state your first and last name, FitPro ID, and intent to request a refund. We will not open your email if it contains an attachment.

By mail: mail your letter to FitPro Nutrition Services, LLC, 11433 Olde Cabin Road, St. Louis, MO 63141. Include your first and last name, FitPro ID, email address, and your intent to request a refund.

You agree that neither FitPro Nutrition Services, LLC nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers ("Released Parties"), shall have any liability to you under any theory of liability or indemnity in connection with your use of the Sites. You further agree to hereby and forever release and waive any and all claims you may have against any Released Parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys fees and associated costs and expenses) arising from your use of the Sites. . Notwithstanding the foregoing , our total liability to you by any Release Party shall not exceed the fees paid by you to us during your membership with us. In addition, should your claim arise from a purchase made on or through our store, our total damages shall not exceed the cost of the product or service purchased (less shipping and handling). No representations or warranties of any kind, whether express or implied, fitness for a particular purpose, or merchantability are made by us regarding the Sites. We will not be liable to you for any damages, including, direct or indirect, special, incidental, consequential or punitive damages even if we have been advised of the possibility of such damages. Void where prohibited by law.

FitPro may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U. S. Mail to the street address provided by you at the time you become a member. FitPro will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email and forward it to info@fitpronutrition.com. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:

FitPro Nutrition Services, LLC
11433 Olde Cabin Road
St. Louis, MO 63141