Welcome to the Lose 2 Win Challenge! We are excited that you want to lose to win to reverse the trends of obesity in America and to fight hunger worldwide. We know that you want to lose weight and get healthier and we want to help you do that. But, like anything in life, there are some rules to follow. So here they are:
First, it's important that you understand that these rules really are the rules. What you're reading is a contract between you and us, and by using our Website and the Lose 2 Win Challenge program and all that goes with that, you are agreeing to that contract. So - please - read it carefully. We think that everything in here is reasonable, but if you don't agree, you should not use our sites or program. Also, you should know that, like every business, we reserve the right to refuse service to any person for any reason. We hope and trust that we won't have to do that, but if you don't follow the rules, we really won't have any choice. Finally, keep in mind that, over time, the rules will probably change. As they change, we will update you via email, and if you continue to be a part of the Lose 2 Win Challenge, you will have agreed to those changes. So, remember to read the emails to make sure we are still on the same page.
Fit Moms Fit Kids is the company that has brought you the Lose 2 Win Challenge, under these terms of use ("Terms") Fit Moms Fit Kids is the one who is providing you the Lose 2 Win Challenge site, therefore this agreement is between you and Fit Moms Fit Kids. Please read these Terms carefully. These terms govern your use of the site, including the support site. "Site", "Website", Support Site" are all "Site" within these Terms and Conditions.
Talk to a Doctor
We are not doctors. While we think we can be helpful, nothing contained on our website or in the Lose 2 Win Challenge is medical advice. Please don't take it as such. Seeing your doctor regularly is key to a healthy lifestyle, and you should ask your doctor before starting any type of diet or exercise plan, including this one. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website or challenge should not be used by people who have serious adverse medical or nutritional conditions. By using the Website and any Content from Fit Moms Fit Kids, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on anything from Fit Moms Fit Kids. It is at your own risk that you participate in the Lose 2 Win Challenge.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website, Lose 2 Win Challenge, or support site. If you engage in any exercise program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.
Medical Disclaimer
All information on the Site and given to you via Fit Moms Fit Kids in any form (via email, sail mail, or otherwise) is of a general nature and is furnished for educational purposes only. No information contained on the Site or in any e-mail sent to you by Fit Moms Fit Kids ("Fit Moms Fit Kids Content or Lose 2 Win Challenge Content in its entirety) nor anything you receive by any means from Fit Moms Fit Kids and the Lose 2 Win Challenge is to be taken as medical or other health advice pertaining to any individual's specific health or medical condition. Although we make an effort to provide quality information to you, Fit Moms Fit Kids disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any Fit Moms Fit Kids Content. The Fit Moms Fit Kids Content and the Lose 2 Win Challenge is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all Fit Moms Fit Kids Content and Fit Moms Fit Kids is not engaged in rendering medical or professional services. The Fit Moms Fit Kids Content is not a substitute for the diagnosis and advice of your health care professional and the Fit Moms Fit Kids Content and the Lose 2 Win Challenge must not be used in place of such diagnosis and advice. Do not delay seeking the diagnosis and advice of your health care professional because of anything you may have read or interpreted in the Fit Moms Fit Kids Content. Consult your health care professional before practicing any recommendations or acting on any Fit Moms Fit Kids Content. The Fit Moms Fit Kids and Lose 2 Win Challenge Content is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family.
YOU ACKNOWLEDGE THAT FIT MOMS FIT KIDS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND THAT ALL DECISIONS MADE USING THE FIT MOMS FIT KIDS AND LOSE 2 WIN CHALLENGE CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. FIT MOMS FIT KIDS, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE FIT MOMS FIT KIDS AND LOSE 2 WIN CHALLENGE CONTENT. You agree, at your expense, to indemnify and hold Fit Moms Fit Kids harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Fit Moms Fit Kids arising from or related to decisions or recommendations you make using the Fit Moms Fit Kids Content.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY MATERIALS RECEIVED FROM FIT MOMS FIT KIDS IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIT MOMS FIT KIDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE OR THE FIT MOMS FIT KIDS CONTENT GIVEN IN ANY FASHION OR FORM.
FIT MOMS FIT KIDS MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES FIT MOMS FIT KIDS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE FIT MOMS FIT KIDS AND LOSE 2 WIN CHALLENGE CONTENT OR THAT DEFECTS IN THE SITE OR THE FIT MOMS FIT KIDS CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FIT MOMS FIT KIDS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE FIT MOMS FIT KIDS/ LOSE 2 WIN CHALLENGE CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR CHALLENGE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND CHALLENGE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Intellectual Property
Fit Moms Fit Kids grants to you a nonexclusive right and license to reproduce the Fit Moms Fit Kids and Lose 2 Win Challenge Content for your personal use only. Except for the limited license granted to you in this Section, nothing contained on the Site or Sent to you in Any form, in the Fit Moms Fit Kids Content, or in these Terms shall be construed to grant any property rights, by license or otherwise, to any invention or any Fit Moms Fit Kids patent, copyright, trademark, or other intellectual property rights.
Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the services provided on the Site, or the Fit Moms Fit Kids Content ("Claims") shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Los Angeles, California. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration. Either you or Fit Moms Fit Kids may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Los Angeles, California, as necessary to protect the rights or property of you or Fit Moms Fit Kids pending the completion of any arbitration proceeding.
General
The Terms constitute the entire and exclusive and final statement of the agreement between you and Fit Moms Fit Kids with respect to the subject matter hereof, and govern your use of the Site and Fit Moms Fit Kids, superseding any prior agreements or negotiations between you and Fit Moms Fit Kids with respect to the subject matter hereof. The Terms and the relationship between you and Fit Moms Fit Kids shall be governed by the laws of the State of California, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.
Fit Moms Fit Kids failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and Fit Moms Fit Kids nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and Fit Moms Fit Kids' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. All sections shall survive any expiration or termination of the Terms.
Talk to a Lawyer
...at least if you think you are going to sue us for something. We think he or she will tell you that you can't do it. To put it in words that your lawyer will understand:
We are providing the website and all content from Fit Moms Fit Kids and anything you receive via email, snail mail, or download via the Lose 2 Challenge or Fit Moms Fit Kids in an "as is" basis, and you use it at your own risk. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Privacy Policy
Your privacy is important to us. Except as otherwise stated in this policy, we do not sell, trade, or rent the Personal Data collected from our services to third parties. However, we will share your Personal Data with third parties to fulfill the services that you have asked us to provide to you, including but not limited to sending you free newsletters and promotional e-mails. These third parties are required not to use your Personal Data other than to provide the services requested by Fit Moms Fit Kids. You expressly consent to the sharing of your Personal Data with our contractors and third-party service providers for the sole purpose of providing services to you.
You agree not to use the Site, including the support site, to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site, including the support site, to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Fit Moms Fit Kids its sole discretion.
Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or anything you receive in any form from the Lose 2 Win Challenge, or Fit Moms Fit Kids, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Your Content
You may submit comments, testimonials, or other content to us (collectively, "Content") via e-mail links on the Site. You grant to us a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license (with the right to sublicense through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform your Content in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer your Content (collectively, "Use"). You retain all ownership rights in and to your Content. Any Use of your Content will be in accordance with our Privacy Policy. Notwithstanding any terms in our Privacy Policy, Fit Moms Fit Kids may post on the Site(s) any testimonial you submit to us. We will attribute your testimonial to you by posting your first and last initial or your first name and last initial next to your testimonial.
Third Party Services
Fit Moms Fit Kids and the Lose 2 Win Challenge provides you with links to third-party Web sites or locations, including service providers ("Provider") such as booksellers, and equipment sellers, for your convenience only. Our provision of such a link does not signify an endorsement by Fit Moms Fit Kids of the third-party's Web site or the services offered by such third-party. Fit Moms Fit Kids has no control over, does not review, and cannot be responsible for these outside Web sites or their content. Your use of a third-party Web site will be subject to such third-party's terms of use and privacy policy. Should you decide to use the services of a Provider, any transaction between you and such Provider (including any agreement governing such transaction) will strictly be between you and the Provider. Fit Moms Fit Kids has no control over the Provider's performance of its services, and Fit Moms Fit Kids makes no representations or warranties with respect to the Provider's performance of its services. YOU AGREE FIT MOMS FIT KIDS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH TRANSACTION WITH A PROVIDER.
Services Provided by Co-Branding Partners
Portions of the Site contain links to Web sites hosted by our co-branding partners ("Co-Branders"). Information and services provided by Co-Branders on their Web sites are governed by such Co-Brander's terms of use and privacy policies. Our provision of a link to a Co-Brander's Web site is for your convenience only, and Fit Moms Fit Kids has no control over and cannot be responsible for any content provided by a Co-Brander on such Web sites.
Precautions Information found on this website is meant to support and not replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition, and Bookieboo requires that you consult with your physician before following any training instructions you receive through the Website or participating in any event announced on the Website. Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website should not be used by people who have Type 1 diabetes or other adverse medical or nutritional conditions. By using the Website, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Website.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Website. If you engage in any exercise program you receive through the Website you agree that you do so at your own risk and are voluntarily participating in these activities.