TERMS & CONDITIONS
Active Date: January 8, 2014
Last Modified January 18, 2015
Thank you for visiting fitsavefun.com (the “Website”) owned by Vitruvians, LLC. (‘we” or “us”). These Terms & Conditions and all applicable laws, rules and regulations govern your use of the Website. For entertainment purposes you should be aware, that the Website aggregates coupons, giveaways, samples and sweepstakes information supplied by third parties. All trademarks are the property of their respective owners with all rights reserved. Your participation in advertisements on the Website that we host and/or display (“Advertiser Offers”) are completely voluntary.
1. General Requirements. To use participate in any Advertiser Offer, you must be at least 18 years old and a legal resident of the United States with a valid email and mailing address. If you do not meet these requirements, we ask that you not engage with any Advertiser Offer. You may also not participate if you are a resident of a state where Advertiser Offers of this type are prohibited by law. We reserve the right to prohibit the participation by residents of other states from time to time.
2. Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Website.
3. Security. Our Website has security measures in place intended to protect the loss, misuse and alteration of the information under our control.
4. Links. The Website Advertiser Offers, as well as emails sent as part of our newsletter service (we plan to send subscribed users emails containing updated information relevant to the content of our site) may contain links to other sites or services. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such sites and disclaim any responsibility relating to such sites. Neither do we endorse the content, or any products or services available, on such sites.
5. EXCLUSION OF LIABILITY. YOUR USE OF THE WEBSITE, COUPONS, GIVEAWAYS, SWEEPSTAKES, FREE SAMPLES AND ADVERTISER OFFERS IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR PARENT, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. MOREOVER, YOUR ACCESS AND USE OF THE WEBSITE, COUPONS, GIVEAWAYS, SWEEPSTAKES, FREE SAMPLES AND/OR ADVERTISER OFFERS IS AT YOUR SOLE RISK. BECAUSE OF THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH USE OF THE WEBSITE. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE WEBSITE, ADVERTISER OFFERS OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE WEBSITE, OR ADVERTISER OFFERS WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE WEBSITE OR ADVERTISER OFFERS WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE WEBSITE OR ADVERTISER OFFERS IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
6. Indemnification. You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Site, Advertiser Offers or any other service provided by us; (ii) your breach of these Terms & Conditions; (iii) your violation of any rights including intellectual property rights; or (iv) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other submissions to the Website.
7. DISCLAIMER OF WARRANTIES. THE WEBSITE, ADVERTISER OFFERS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS ARE PROVIDED TO YOU ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (A) THE WEBSITE, ADVERTISER OFFERS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, ADVERTISER OFFERS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE WEBSITE, ADVERTISER OFFERS AND/OR GOODS OR SERVICES WILL MEET WITH YOUR REQUIREMENTS AND/OR THAT ANY THIRD PARTY PARTNER WILL PERFORM ITS ASSOCIATED OBLIGATIONS IN A TIMELY OR SATISFACTORY MANNER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ADVERTISER OFFERS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL BE ACCURATE OR RELIABLE. THE WEBSITE, ADVERTISER OFFERS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ANY OF ITS THIRD PARTY PARTNERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Changing Your Status. To have all of your personally identifiable information removed from our database, please write “Unsubscribe” in an email to the address found in the “Contact Us” section and request that we delete your personally identifiable information. At the current time, we are not able to offer users the direct ability to delete their information from our database, but we will be happy to delete such information after we receive a request to that effect. Please be advised that by requesting that your data be removed from our database, you will be unsubscribed from our services and you forfeit your eligibility to participate in the Promotions we operate.
9. Arbitration. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration, we will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to us including the filing fee. You will need our registered mailing address to file which is:
113 Barksdale Professional Center
Newark, DE 19711
Please note the above address is for legal purpose only.
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in Newark, DE. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief that is greater than our written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of One Thousand Dollars ($1,000.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. This provision shall not be construed to preclude any party from seeking injunctive relief to protect its rights pending an outcome in arbitration.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against us and may not preside over any kind of representative or class proceeding against us. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first visit the Website.
10. Updates. We may revise these Terms & Conditions at any time in the future to (i) improve or modify our Website’s services, (ii) reflect future developments in our data information gathering, storing and release practices, (iii) comply with applicable laws, and (iv)reflect changes in our business structure. Accordingly, you should review these Terms & Conditions and related policies from time to time to check for updates. Your continued use of a Website and/or participation in a Promotion shall evidence your acceptance of any changes.
11. Customer service. You may obtain support at any time by submitting a request to Contact Us Page
12. General provisions. These Terms & Conditions constitutes the entire agreement between you and us in connection with your use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. Delaware law governs the performance and interpretation of these Terms & Conditions, without regard to any conflicts of laws principles. If any provision of these Terms & Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under these Terms & Conditions will act as a waiver of such rights.