NOTICE:​ ​These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use​ ​or​ ​access​ ​of​ ​any​ ​of​ ​our​ ​products,​ ​including​ ​online​ ​programs. These Terms​ ​and Conditions apply to all products, resources, and services by Fit Life Academy, LLC .

Terms of this Program(s) and Program Purchaser Agreement

All programs, products, or services are owned and provided by Fit Life Academy, LLC (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s), course(s), or service(s) (the “Program”). These Terms and Conditions of Use (“Terms”) govern and define how you are allowed to use and access Company’s Course. We reserve the right to update and change these Terms at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at hello@fitlifeacademy.com​ ​and we will make reasonable efforts to remove your name, email and access to our Programs and website(s).

Your​ ​Program​ ​Use​ ​and​ ​Consent

When you purchased Program from us, you were given a reasonable notice that these Terms existed. By moving forward with your purchase of the Program and further access of the Program, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access the Program. Access of our Program(s) and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.

License(s)

Limited​ ​License.​ Subject to and in accordance with these Terms and other guidelines or instructions we include in the Program, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Program, including any programs purchased by you. Your purchase of any Program only entitles you to view that Program in accordance with the foregoing License, and is not a purchase of the software or content constituting or included in the Program. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Program for your individual use, provided that you keep intact all copyright and other proprietary notices.

The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.

We reserve the right to terminate your access to the Program at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the Program with no refund of fees.

Termination

You have the unilateral right to terminate your use and access to any of our products. Please send an email to support@malzisfit.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and you agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.

Intellectual​ ​Property

All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of Fit Life Academy, LLC or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Program is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You​ ​may:
Access the Program for your individual use (if additional members of your team need to access the Program, you must purchase additional Courses at one per each team member);
Download and/or print any Program materials for your individual use in your business (if additional members of your team need to download and/or print any materials from the Program, you must purchase additional Program at one per each team member);
Use our trademarks and copyrighted materials with our prior written consent and proper credit and marking, namely, citing ©Fit Life Academy, LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You​ ​may​ ​not:
Re-sell or trade your access to the Program;
Share the Program with anyone else who has not yet purchased it or opted to receive it;
Reprint any portion of the Program, except as set forth above and for your own individual use;
Republish any of the Program, in part or in whole;
Distribute any of the materials contained in the Program or related materials and/or communications as your own;
Reproduce and alter any part or whole of the Program for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as program materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Program (and its related communications and materials);
Use our Program or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

Request​ ​for​ ​Permission​ ​to​ ​Use​ ​Content.​ If you wish to use, publish or refer to any of our content, Program(s) or related materials, you must do so by requesting permission prior to commencing use of the same by email us at hello@fitlifeacademy.com. Permission is not granted until you receive such permission in writing.

Civil​ ​and​ ​Criminal​ ​Penalties.​ Even though our Programs are not physical property, you can be charged with theft or other face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Wisconsin​ by opting into or purchasing any Course or accessing its related communications and/or materials.

Your​ ​Materials​ ​and​ ​Contributions.​ By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Program and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our Program(s) or related materials, and we reserve the right to disclose your participation in the same.

Model​ ​Release.​ ​You must own the copyright to any image(s) you use in our Program or related materials. You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Program, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.

Notification​ ​of​ ​Use.​ ​We are not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.

Security​ ​and​ ​Assumption​ ​of​ ​Risk

Security.​ ​ It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe or PayPal. By utilizing these payment processors to gain access to the Program, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

Confidentiality.​ ​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

Assumption​ ​of​ ​Risk.​ ​By accessing our Program(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you.

Disclaimers

General​ ​Disclaimer.​ ​To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Program(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if we are, during the terms of this Program and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Program. This Program is for educational and entertainment purposes only. None of the Program or its related material(s) should be construed as medical, legal, financial advice.

Earnings​ ​Disclaimer.​ ​ While we may reference certain results, outcomes or situations on this website or its related communications, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase or completion of of our Program(s). Any results you see on are not guaranteed or typical.

Third​ ​Party​ ​Disclaimer.​ You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Program(s), including you.

Warranties​ ​Disclaimer.​ WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, COURSES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, SERVICES, COURSES OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Technology​ ​Disclaimer.​ ​We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Program(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as Kartra, where We host our programs.

Errors​ ​and​ ​Omissions.​ This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. If you should see any errors or omissions and would like to let us know, please notify us at support@malzisfit.com

Indemnification,​ ​Limitation​ ​of​ ​Liability​ ​and​ ​Release​ ​of​ ​Claims

Indemnification. ​You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Program(s).

Limitation​ ​of​ ​Liability.​ Fit Life Academy, LLC and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Program(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Program(s) and related material(s).

Dispute​ ​Resolution.​ You agree to notify the Company of any concerns or issues regarding the Program, and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to the Program(s), the laws of Wisconsin shall apply.

Non-Disparagement.​ If you are found to be slandering, libeling or otherwise disparaging our Company, Program(s) or related materials, you will be immediately removed from the Program(s) and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.

Miscellaneous

All​ ​Rights​ ​Reserved.​ ​All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by Company.

Contact.​ ​If you have any questions about any term of these Terms of Use, please contact us at support@malzisfit.com​.

Recurring Billing. After you signup, monthly billing will continue via automatic and recurring billing and payments every 30-days until cancellation. Upon cancellation, access to this website will cease immediately. There will be no refunds issued unless otherwise specified. Please note that the yearly membership option is not eligible for refunds, and cannot be changed to a monthly membership, once payment has been processed. If you have questions about the billing policy of this program, please contact:  support@malzisfit.com.

This Site Does Not Provide Medical Advice. The contents of this Site, such as text, graphics, images, information obtained from Fit Life Academy, LLC, licensors, and other material contained on this Site (collectively, the “Content”) are for informational purposes only.

The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Fit Life Academy, LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site. Reliance on any information provided by Fit Life Academy, LLC, Fit Life Academy, LLC employees, others appearing on this Site at the invitation of Fit Life Academy, LLC, or other visitors to this Site is solely at your own risk.

Results with this program may vary. Exercise and proper diet are necessary to achieve and maintain weight loss. Consult your healthcare professional before beginning any diet or fitness regimen and please refer to your healthcare professional with any medical related questions that may arise while training with the Fit Life Academy, LLC program.

Disclaimers; Liability of Fit Life Academy, LLC. When using this Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Fit Life Academy, LLC. Accordingly, Fit Life Academy, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.

Fit Life Academy, LLC, ANY LICENSORS, AND ANY SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, 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.

Without limiting the foregoing, Fit Life Academy, LLC, its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, current-ness, or timeliness of the Content, text, graphics, links, or communications provided on or through the use of this Site or Fit Life Academy, LLC.

In no event shall Fit Life Academy, LLC (or any of its licensors, suppliers, or third parties mentioned on this Site) be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this Site, the Content and/or the Public Areas, regardless of whether based on warranty, contract, tort, or any other legal theory, whether or not Fit Life Academy, LLC, its licensors, its suppliers, or any third parties mentioned on this Site are advised of the possibility of such damages. Any claims arising in connection with your use of this Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.

Indemnity. You agree to defend, indemnify, and hold Fit Life Academy, LLC, its officers, directors, employees, agents, and licensors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Termination. These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of this Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of this Site with or without notice. As stated above, you agree that any termination of your access to this Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to this Site.

General. Fit Life Academy, LLC is based in Winter Springs, Florida in the United States of America with principal offices in Winter Springs, Florida. Fit Life Academy, LLC makes no claims that Fit Life Academy, LLC, this Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from this Site to either a foreign national or a foreign destination in violation of such laws.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with Fit Life Academy, LLC, or in any way relating to your use of this Site, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Fit Life Academy, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement. Except as expressly provided in a particular “legal notice” on this Site, these Terms and Conditions constitute the entire agreement between you and Fit Life Academy, LLC with respect to the use of this Site, the Content and the Public Areas. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.