Overview
This Terms and Conditions Agreement (“Agreement“) constitutes a legally binding agreement made between visitors or the members / users registered on https://fitzore.com/ concerning your access to and use of https://fitzore.com/ and it’s offerings as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively known as the “Site” or “Website”).
In this Agreement, “You” and “Your” refers to visitors or site members / users, whether personally or on behalf of an entity, visiting or registered on the Website to avail the Services provided by FitZore Enterprises, LLC or any of its’ divisions herein referred to as FitZore Consulting (the “Company,” “We,” “Us,” or “Our”), and shall include representatives of or employees of customers or companies.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental Terms and Conditions or Documents (“Supplemental Agreements”) to include but are not limited to privacy policies, cancelation and refund policies, that may be posted on the Site from time to time, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Agreement and Supplemental Agreements at any time and for any reason without prior notification. We will alert you about any changes by updating the “Last updated” date of the Agreement or Supplemental Agreements, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Agreements every time you use our Site so that you understand which Agreements apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Agreement or Supplemental Agreements by your continued use of the Site after the date such revised Agreement or Supplemental Agreements are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA) or Federal Information Security Management Act (FISMA), etc.); so, if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site and any of its offerings. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site or any of its offerings.
You agree to be bound by this Agreement and Supplemental Agreements and any future amendments and additions to this Agreement and Supplemental Agreements as published on the Website. If at any time you find this Agreement or Supplemental Agreements unacceptable or if you do not agree to these Terms and Conditions set out herein, please do not use this Website or the services provided by or through it. In addition to this Agreement, the terms of the Privacy Policy (https://fitzore.com/privacy-policy/), and any other Supplemental Agreements shall also apply to your use of the Website.
By accessing the Website or using any website with an authorized link to the Website, registering an account, or accessing the Service(s) (as defined below), clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally.
1. Scope of the Service
1.1 The Company shall provide consulting services (“Service(s)”) to you via in person meetings, video conference, document sharing, or other platform, or on the Company’s Website.
1.2 The Company may engage consultants for rendering the Service to you. For the purposes of this Agreement, “Consultant” shall mean a person who represents the Company legally and agrees to provide the Service(s) to you subject to the terms and conditions of this Agreement.
1.3 The consultation meetings may be conducted by the Consultants through in person or Company virtual meetings (“Session(s)”) using the software specified by the Company. You shall be responsible for installing the software to access the Session(s) on your computer or mobile device.
1.4 The schedule of the Session(s) will be communicated to you in the manner specified by the Company.
1.5 As a part of the Services, the Company enables you to connect with the Consultants on the Website to avail the Services. However, at no time is an employer-employee relationship fostered or created between the Company and the Consultants through the performance of any such Services.
2. Access Services Through Our Website
2.1 In order to access the Services through our Website, you must register for an account via the Website. If you already have an account on the Website, you can log into your account using your username and password.
2.2 You shall only register one (1) user account on the Website. Your website user account is personal and cannot be shared with, transferred, or assigned to any third parties. You shall be responsible to keep your account log-in details confidential.
3. User Data
3.1 We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
4. Electronic Communications, Transactions, and Signatures
4.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
5. Service Terms
5.1 You may not access or use our Service(s) or create an account for unlawful purposes. Your use of the Service(s) and behavior on the Website must comply with applicable local or national laws or regulations of the United States and your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that apply to you.
5.2 You understand and agree that the material / content shared by the Consultant in any Session(s) shall not be shared, copied, and / or distributed to third parties. The Company reserves the right to terminate your access to the Service in its sole discretion if the Company suspects that you have shared any material / content or your Website log-in information with a third party.
5.3 You accept that you will not have any recourse against the Company if the Website and / or the Service(s) is down, either for planned or unplanned maintenance.
5.4 The Website may enable you to share your content, such as posts you make in the forums, on linked social media sites and the like (“User Content”). To the extent that you provide User Content, you grant the Company a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates this Agreement.
6. Intellectual Property
6.1 The Company and its licensors shall retain ownership of all the contents, material and information on the Website, in any documents, videos, presentations, or other form of media produced by the Company, and it shall remain the property of the Company. You undertake not to advertise, or redistribute, and or otherwise to broadcast, such Session(s), contents, news and information upon termination of this Agreement.
7. Obligations
7.1 The Consultant undertakes to do all preparation prior to the Session(s) and to structure Session(s) in such a way as to maximize the benefit to you.
7.2 Except as otherwise provided in this Agreement, the Consultant shall keep all information regarding your Session(s) confidential unless written permission to disclose has been granted by you. This includes any work that you have produced during or as a result of Session times.
7.3 The Consultant shall review any material provided by you prior to the Session(s).
7.4 The Company makes no promises or warranties with regards to your performance as a result of any Service(s) provided pursuant to this Agreement.
7.5 You agree to complete any required forms, surveys, questionnaires, or assessments set by the Company in a timely manner as agreed prior to the deadline / due date.
8. Assignment and other dealings
8.1 Neither party shall without the prior written consent of the other party assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.
9. No partnership or agency
9.1 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, or authorize any Party to make or enter into any commitments for or on behalf of any other Party.
9.2 Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
10. Right of third parties
10.1 A person who is not a party to this Agreement shall have no right under any law to enforce any of its terms.
11. Payment
11.1 In consideration of the Services, you shall pay the Company a fee as indicated in your contact or invoice for the Service(s).
11.2 The Company will charge you the total fees due prior to the service date. The charge will include any and all services performed under this Agreement as well as any expenses.
11.3 Fifty percent (50%) of the total estimated amount due must be paid in full no later than 48 hours prior to the scheduled date that Service is to begin. The balance of all charges, fees, and expenses must be paid upon completion of Services.
11.4 Payment processing related to the Services is performed by either the Company directly or by the Company’s affiliates on behalf of the Company depending on the type of payment method used.
11.5 You agree to pay all charges, fees, and expenses due on your Account in accordance with the billing terms in effect at the time a charge, fee, or expense is due and payable. You also agree to pay all applicable taxes. You must provide the Company with valid payment information in connection with your orders. By providing the Company with your payment information, you agree that (i) the Company is authorized to immediately demand payment from your Account for all charges, fees, and expenses due and payable to the Company hereunder, (ii) the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify the Company of any change in your payment information. The Company reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is canceled, reversed, or returned for any reason, the Company reserves the right to either suspend or terminate your contract and access to the Service without prior notice.
11.6 When you provide payment information to the Company or to one of its payment processors, you represent to the Company that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize the Company to charge your credit or debit card or to process your payment with the chosen third-party payment processor for any charges, fees, and expenses incurred by you. The Company may require you to provide your address or other information in order to meet their obligations for payment processing or under applicable tax law.
11.7 If your subscription to the Service(s) on the Website is subject to any type of use or sales tax or VAT, then the Company may also charge you for those taxes, in addition to the other fees published for the Company’s Services.
12. Session(s) Cancellations and Late Arrivals
12.1 To cancel the Session(s) you must give the Company a 48-hour notice in advance. If you fail to give the Company a 48-hour advance notice about the cancelation of the Session(s), then any payment(s) made for the Session(s) and travel expenses will be forfeited.
12.2 The Company may cancel the Session(s) without a prior notice to you if you have not paid for the Session(s) and travel expenses at least 48 hours in advance. If you have paid the Company for the Session(s) and travel expenses in advance, the Company may cancel the Session(s) by giving at least a 48-hour advance notice to you. In such a case, the Company agrees to refund any payment made for that Session or to apply that payment to a future. Session that the Company and you mutually agreed upon.
12.3 If you arrive or join a Session(s) late, no adjustment to fees shall be made for time lost. In the case of late arrival by the Company, you shall be compensated by extending the Session(s) for the amount of time that was lost.
13. Limitation of Liabilities
13.1 The Company makes no guarantees, warranties, or representations of any kind, expressed or implied with respect to the Services rendered subject to this Agreement. In no event shall the Company be held liable to you for any special, direct, or consequential damages.
13.2 The parties agree that the rights and benefits held and received by you through the Service(s) under this Agreement shall only be enforceable based upon the terms of this Agreement, and any liability in respect of any breach of such rights and benefits shall be determined solely in accordance with the terms of this Agreement.
13.3 Notwithstanding any damages that you may acquire, the Company under this Agreement, and your sole remedy, shall be limited to the amount paid by you to the Company under this Agreement for all the Services rendered throughout the duration of this Agreement, including the date of termination.
13.4 You will indemnify the Company on first written demand against any or all liabilities incurred by the Company arising out of or as a result of acting as the service provider hereunder.
13.5 You agree that the Company is not responsible for any inaction or actions, or for any indirect or direct result(s) of any Service(s) rendered by the Company.
14. Liability Disclaimer
14.1 The Company is not responsible for any suspension or interruption of the Service(s) and / or the Website or any other part of the system or business operations due to force majeure (unforeseeable circumstances) and other factors.
14.2 The Company does not guarantee that the performance of Service(s) virtually is stable and uninterrupted.
14.3 The Company will only provide you with the Service(s) based on its current function and current status, and reserves the right to modify all or part of each Service function at any time without prior notice.
14.4 Although the Company will use reasonable efforts to keep the Website, the information on the Website, and Sessions reasonably accurate, the Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Service(s) and related graphics contained on the Website for any purpose. All such information, software, products, Service(s) and related graphics are provided “as is”. The Company disclaims all warranties and conditions with regard to this information, software, products, Service(s) and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
14.5 Neither the Company nor any of its directors, employees, consultants, or agents warrant that the Service(s) and / or Website will be uninterrupted or error-free, or give any warranty as to the results to be obtained from availing the Service(s) and / or Website. In no event will the Company or its directors, employees, consultants, or agents be liable to you for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to avail (for whatever reason), the Service(s) and / or Website, including but not limited to damages resulting from loss of data or loss of profits.
14.6 Whilst the Company uses our best endeavors to ensure all your data are secure and complete in the servers, we will not be liable for loss of profits or of contracts, loss of data, damage to your computer hardware or software, loss of business, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of use, and / or consequential loss arising out of or in connection with this Website or the information or data contained in it.
14.7 You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Service(s) and / or Website in violation of this Agreement; (b) your violation of any law or rights of any third party.
15. Force majeure
15.1 Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the Party not affected may terminate this Agreement by giving written notice of one (1) week to the affected Party.
16. Waiver
16.1 No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17. Termination
17.1 You agree that the Company, in its sole discretion, may terminate your subscription to the Service(s) and / or Website or your participation in the Session(s), for any reason or no reason, upon notice to you. It is the Company’s policy to terminate in appropriate circumstances the accounts of users of the Website who are repeat copyright infringers. The Company reserves the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of the Service(s) offered through the Website, or to cease providing any part or all of the Website content or related services, and you agree that the Company will have no liability to you for such an action. If you no longer desire to avail the Service(s) and / or the Website, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Website, but the other provisions of the Agreements will survive any such termination.
18. Governing law
18.1 The parties shall use all reasonable endeavors to resolve any dispute amicably and in good faith. These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles. All disputes, controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) by one or more arbitrators appointed in accordance with the said rules. The seat of Arbitration shall be DeKalb County in the state of Georgia and proceedings shall be conducted in English.
19. DISPUTE RESOLUTION
Informal Negotiations
19.1 To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
19.2 If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in DeKalb, Georgia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
19.3 If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in DeKalb County, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement.
19.4 In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19.5 The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
19.6 The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20.1 There may be information on the Website that contains typographical errors, inaccuracies, or omissions, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
21. Notices
21.1 Any notice so served by hand, e-mail or post shall be deemed to have been duly given:
(a) in the case of delivery by hand, when delivered;
(b) in the case of fax or electronic mail on a Business Day prior to 5.00 pm, at the time of receipt;
(c) in the case of prepaid recorded delivery, special delivery or registered post, at 10am on the second Business Day following the date of posting; or
(d) if sent by email, one (1) hour after the email is sent (unless a return email is received by the sender within that period stating that the addressee’s email address is wrong or that the message cannot be delivered).
provided that in each case where delivery by hand or by e-mail occurs after 5pm on a Business Day or on a day which is not a Business Day, service shall be deemed to occur at 9am on the next following Business Day. References to time in this clause are to local time in the country of the addressee.
21.2 The addresses of the Company for the purpose of clause 21.1 is as follows:
FitZore Enterprises, LLC
Attention: Joseph Brown
PO Box 392894
Snellville, GA 30039
United States
Email may be sent through the website Contact page to obtain the proper email address. This procedure is being used to prevent fraudulent spam.
22 Counterparts
22.1 This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
23. Severance
23.1 If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
23.2 If there is any inconsistency between this Agreement and the Terms and Conditions, this Agreement will prevail.
24. Entire Agreement
24.1 This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
24.2 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
25.1 In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
FitZore Enterprises, LLC
Attention: Joseph Brown
PO Box 392894
Snellville, GA 30039
United States
or
Use the Contact Us page.
Last Updated 05/04/2024
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