Terms And Conditions
Last Updated: February 4 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE SITE AND/OR PURCHASING DIGITAL EXERCISE PROGRAMS OR MEMBERSHIP SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE.
1. Introduction
Welcome to Fitwerks LLC (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, Fitwerksllc.com (the “Site”), as well as your purchase of our digital exercise programs and membership services (collectively, the “Services”). By accessing, browsing, or using the Site or purchasing any of our digital products, you agree to be bound by these Terms.
2. Acceptance of Terms
By using our Site or Services, you acknowledge that you have read, understood, and agree to these Terms, including any additional terms and policies referenced herein. If you do not agree with these Terms, you must immediately cease using the Site and/or Services.
3. Modifications to Terms
We reserve the right to modify, update, or change these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site or Services after the posting of changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.
4. Membership and Account Registration
- Eligibility: You must be at least 18 years of age (or the legal age of majority in your jurisdiction) to register for an account or purchase any Services.
- Account Registration: In order to access certain features of the Site or purchase our digital products, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update this information as necessary.
- Account Security: You are solely responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to protect your account.
5. Payment and Billing
- Subscription Fees and Charges: Access to our membership services and digital exercise programs is subject to fees as specified on the Site. By purchasing our Services, you authorize us to charge the applicable fees to your chosen payment method.
- Third-Party Payment Processors: Payments are processed through third-party payment providers. Your use of these payment services is governed by the respective third-party terms and conditions.
- Accurate Billing Information: You agree to provide accurate billing information and to promptly update any changes. Failure to do so may result in the suspension or termination of your access to the Services.
6. Cancellation and Refund Policy
- Cancellation: You may cancel your membership or subscription at any time through your account settings or by contacting our customer service. Cancellation will stop future billing; however, it will not result in a refund of fees already paid unless otherwise specified.
- Refunds: Due to the digital nature of our products, all sales are final. Refunds will be issued only in exceptional cases (such as technical issues) at our sole discretion.
- Access Upon Cancellation: Upon cancellation, you will continue to have access to your purchased digital exercise programs and membership benefits until the end of your current billing cycle, at which point access will be terminated.
7. Use of Digital Exercise Programs and Content
- Personal Use: Our digital exercise programs and other content provided on the Site are intended solely for your personal, non-commercial use. You agree not to share, reproduce, distribute, or modify the content without our prior written consent.
- Health and Safety Notice: The information provided through our digital exercise programs is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider before beginning any exercise program, especially if you have any pre-existing health conditions or concerns.
- No Guarantee of Results: While we strive to deliver high-quality and effective exercise programs, we do not guarantee any specific outcomes or improvements in fitness or health.
8. Intellectual Property
- Ownership: All content on the Site—including text, graphics, logos, images, digital exercise programs, and software—is the property of Fitwerks LLC or its licensors and is protected by applicable intellectual property laws.
- Limited License: We grant you a non-exclusive, non-transferable, revocable license to access and use the Site and its content for your personal, non-commercial use only.
- Restrictions: You agree not to copy, modify, create derivative works from, distribute, or publicly display any of our content without explicit written permission from Fitwerks LLC.
9. User Conduct
- Prohibited Activities: You agree not to engage in any conduct that may:
- Violate any applicable law or regulation.
- Infringe on the rights of others.
- Disrupt, damage, or interfere with the operation of the Site or Services.
- Introduce viruses, malware, or any harmful code into the Site.
- Compliance: You are responsible for complying with all applicable local, state, national, and international laws while using the Site and Services.
10. Disclaimers and Limitation of Liability
- Disclaimer of Warranties: THE SITE, DIGITAL EXERCISE PROGRAMS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Health Disclaimer: YOU ACKNOWLEDGE THAT YOU ARE PARTICIPATING IN EXERCISE PROGRAMS AT YOUR OWN RISK. FITWERKS LLC IS NOT A MEDICAL OR HEALTHCARE PROVIDER, AND THE CONTENT ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.
- Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FITWERKS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR SERVICES.
11. Indemnification
You agree to indemnify, defend, and hold harmless Fitwerks LLC and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Site or Services, or your violation of these Terms.
12. Termination
We reserve the right to terminate or suspend your access to the Site and/or Services, without notice and at our sole discretion, for any reason— including, but not limited to, a violation of these Terms. Upon termination, your right to use the Site and Services will immediately cease, and you will not be entitled to any refunds for any fees already paid.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida], without regard to its conflict of law principles. By using the Site, you consent to the jurisdiction of the state and federal courts located in Polk County for the resolution of any disputes.
14. Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of the Site or Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
15. Miscellaneous
- Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
- Entire Agreement: These Terms, together with any policies or guidelines referenced herein, constitute the entire agreement between you and Fitwerks LLC regarding your use of the Site and Services.
- Waiver: Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
16. Contact Information
If you have any questions, comments, or concerns about these Terms, please contact us at:
Fitwerks LLC
Email: support@fitwerksllc.com
By using the Site and/or purchasing our digital exercise programs, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.