Fitterr®’s Terms of Service
Last update: May 2017
Welcome to Fitterr.org. Fitterr.org is a marketplace platform for services performed by its users.
The following terms and conditions (these “Terms of Service”), govern your access to and use of the Fitterr website, including any content, functionality and services offered on or through www.Fitterr.org (the “Site”).
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Fitterr services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team at firstname.lastname@example.org
FitJobs® are services offered on Fitterr.
Sellers are users who offer and perform services through FitJobs on Fitterr.
Buyers are users who purchase services on Fitterr.
FitJob Page is where the seller can describe their FitJob and the FitJob’s terms, and the buyer can purchase the FitJob and create an order.
FitJob Extras are additional services offered on top of the Seller’s FitJob for an additional price defined by the Seller.
FitJob Multiples are additional quantities of unique orders from the seller’s FitJob.
FitJob Packages allow sellers to offer services in different formats and prices. Packages can include upgrades, which lets sellers price their service for a basic price of over $5 USD.
Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.
Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.
Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s FitJob Page.
Order Page is where buyers and sellers communicate with each other in connection with an ordered FitJob.
Disputes are disagreements experienced during an order between a buyer and seller on Fitterr.
Revenue is the money sellers earn from completed orders.
Sales Balance is cleared revenue from completed orders for sellers to withdraw or use to purchase FitJobs.
Shopping Balance is shopping credit collected from cancelled orders or Fitterr promotions to be used for purchasing FitJobs.
Overview (Main terms, in a nutshell)
Fitterr sellers have access to several exclusive features that help customize the way their services can be offered.
Important notice regarding fees: The fees listed above are PayPal’s. These are not fees charged by Fitterr.
This website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans or exercise programs fromFitterr.org should be performed or otherwise used without clearance from your physician or health care provider first. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.
There may be risks associated with participating in activities mentioned on Fitterr for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any meal plans available at Fitterr.org if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.
As with any coaching program you assume certain risks to your health and safety. Any form of coaching program can cause injuries, and Fitterr is no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. Although thorough instruction is included on form for each exercise, realize that Fitterr (like any other coaching program) does involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.
You must consult your doctor before beginning any meal plan or coaching program, no exceptions. You use plans, programs, workouts and coaching at your own risk and Fitterr is not responsible for any injuries or health problems you may experience or even death as a result of using Fitterr.
It is to be made clear that Fitterr is not responsible for any injuries or health problems you may experience or even death as a result of using any products or services from Fitterr.org.
Disputes and Cancellations
We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Fitterr’s Customer Support department at email@example.com
USER CONDUCT AND PROTECTION
Fitterr enables people around the world to create, share, sell and purchase nearly any fitness service they need at an unbeatable value. Services offered on Fitterr reflect the diversity of an expanding FitJob economy. Members of the Fitterr community communicate and engage through orders, social media, and on Fitterr’s Community Forums.
Fitterr maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Fitterr. This section relates to the expected conduct users should adhere to while interacting with each other on Fitterr.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Fitterr does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Fitterr should be friendly, constructive, and professional. Fitterr condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Fitterr takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Fitterr will not be protected by our Terms of Service.
Intellectual Property Claims – Fitterr will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use Fitterr for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Fitterr community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Fitterr’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Fitterr. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Fitterr accounts.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Fitterr by our users (Buyers and Sellers) is User Generated Content. Fitterr does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Fitterr is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the FitJobs, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate FitJobs® service offers.
By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Fitterr. Sellers advertising their FitJob online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the FitJob and may lead to the suspension of seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: Unless clearly stated otherwise on the seller’s FitJob page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the FitJob and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some FitJobs (including for custom created work) charge additional payments (through FitJob Extras) for a Commercial Use License. This means that if you purchase the FitJob for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a FitJob Extra and will have broader rights that cover your business use.
Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.
Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fitterr, including FitJob texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fitterr for no consideration for marketing and/or other purposes.
Commercial Use License
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Fitterr’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Fitterr will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FITTERR NOR ANY PERSON ASSOCIATED WITH FITTERR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL FITTERR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Welcome to Fitterr!
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If you have any questions or feedback, you can chat with us on live chat (bottom right) or send us an email at firstname.lastname@example.org