Terms & Conditions
These Website Standard Terms and Conditions (hereinafter referred to as the “Agreement”) shall
govern the use of all pages on this website (hereinafter collectively referred to as the “Website”)
and any, services on this website such as, but not limited to, features, streaming services, audio, visual, written media, PDF, Website links and user interfaces, (hereinafter referred to as the “Services”) as provided by Pure Glow Fit, LLC., (hereinafter referred to as the “Company,” “we” or “us”).
These Terms and Conditions represent the whole agreement and understanding between the Company and the individual or entity who subscribes to our Service(s) (hereinafter referred to as the
“Subscriber” or “you”).
BY INSTALLING, DOWNLOADING OR OTHERWISE ACCESSING OR USING THE SERVICE,
YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS
TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT
USE THE SERVICE.
TERMS AND CONDITIONS.
1. ASSENT AND ACCEPTANCE.
By using this Website, the Subscriber agrees to comply with all of the terms and conditions contained herein in full. If the Subscriber doesn't agree with any of the terms and conditions mentioned herein, the Subscriber must not use this Website, services or any of the mobile application.
2. AGE RESTRICTION.
The Subscriber must be at least 18 year(s) of age to use this Website. By using this Website, the
Subscriber represents and warrants that the Subscriber is at least 18 year(s) of age and may legally
agree to this Agreement.
3. LICENSE TO USE WEBSITE.
The Company shall provide the Subscriber with certain information as a result of using this Website
or its Services. Such information may include but is not limited to, documentation, data, or information developed by the Company and other materials that may assist the Subscriber in the
use of the Website.
Subject to the terms and conditions contained herein in this Agreement, the Company authorizes
the Subscriber a non-exclusive, limited, non-transferable, and revocable license to use the
Company's materials solely in connection with its use of this Website.
The Services are licensed, not sold, to you, and you may use the Service only as set forth in this terms and conditions; you use the service at your sole risk, and you should consult with a physician or other health care professional before commencing use of the Service, including the exercise and meal programs available on or through the Service; the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator's (the "Carrier") terms of
service and fees, including fees charged for data usage and overage, which are your
sole responsibility; we may provide the App to you on an "as is" basis without warranties of any kind.
4. INTELLECTUAL PROPERTY RIGHTS.
The Company owns all rights to the intellectual property and materials contained in this Website, and all such rights, titles, and interests are reserved. The Subscriber is provided a limited license only for the purpose of viewing the material contained on this Website. The Subscriber acknowledges that it won't use any intellectual property in a manner that violates any laws.
5. PRIVACY INFORMATION.
While using this Website, the Subscriber may provide the Company with certain information. The
Subscriber also authorizes the Company to use its information in the countries where the Company
may operate.
6. SUBSCRIBER CONTENT.
In this Agreement, the Subscriber Content shall mean any audio, video, text, images, or other
materials the Subscriber chooses to publish on this Website. By publishing the content on this
Website, the Subscriber authorizes the Company a non-exclusive, limited, non-transferable, and
revocable license to use or reproduce the content in any media.
7. SUBSCRIBER RESTRICTIONS.
The Subscriber is emphatically restricted from doing the following activities while using this
Website:
(a) Publishing any of the Website content in any external media.
(b) Transferring usage rights or indulging in any monetary transaction against the Website.
(c) Damaging the Website in any form.
(d) Using this Website in any way that affects user access to this Website.
(e) Usage of Website against the laws and regulations of the Maryland.
(f) Using this Website to engage in any advertising or marketing.
(g) Extracting data or information while using this Website.
8. SUBSCRIBER RESPONSIBILITY .
Any user ID and password the Subscriber may have created for this Website are confidential, and it
is the Subscriber's responsibility to safeguard its own ID and Password.
Users may have the option to TikTok, Twitter, X, Facebook or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
9. LIMITATION OF LIABILITIES.
In no event shall the Company be liable for any loss or damage that may occur to the Subscriber
arising out of or in any way connected with the Subscriber's use of this Website.
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
10. INDEMNIFICATIONS.
The Subscriber hereby indemnifies and holds the Company harmless from and against any and all
liabilities, legal claims, demands, damages, and expenses (including reasonable attorney’s fees)
arising out of or in any connection which may relate to the Subscriber's breach of this Agreement or
its use or misuse of the Website or Services.
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
11. COMMUNICATIONS.
By using the Services you consent to receive electronic communications from the Company. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
12. DATA LOSS.
The Company does not accept responsibility for the security of the Subscriber's account or content.
The Subscriber agrees to use the Website at its own risk.
13. ADVERTISING CONTENT.
The Website may show advertisements for or links to third-party websites, products, and/or services (hereinafter referred to as the “Third-Party Ads”). The Company is not responsible for the availability of these Third-Party Ads or the images, content, or any other materials contained therein.
14. SUPPORT.
The Company shall provide support under the following circumstances:
(a) Only a Website that is registered under the Company, unaltered by a third party, is eligible for support.
(b) Support during the term of the Agreement and assistance in updates, upgrades, and bug fixes
during such term.
(c) Answer queries from the Subscriber regarding the operations of the Website, primarily via the
Company’s Support Portal and secondarily via telephone and e-mail.
(d) Use commercially reasonable efforts to correct any errors reported by the Subscriber and as
confirmed by the Company.
(e) Use commercially reasonable efforts to respond to each reported error according to the Support
Process section of the Company.
15. NO SURREPTITIOUS CODE.
(a) The Company agrees that, to the best of its knowledge, the Website does not contain any hacking
code or mechanism that collects personal information or maintains control of the system without
the Subscriber's permission or such action which may restrict the Subscriber's access to or use of
Company Data.
(b) The Subscriber warrants that it will not knowingly introduce, via any means, spyware, adware,
ransomware, rootkit, keylogger, virus, trojan, worm, or other code or mechanism designed to permit
unauthorized access to Subscriber Data, or which may restrict Company’s access to regulate the
deliverables granted to the Subscriber.
16. WARRANTIES.
The Subscriber acknowledges and agrees that the submission of any information is at the
Subscriber's sole risk, and to the maximum amount, the Company disclaims any and all liability to
you for any loss or liability relating to such information in any way.
The Company makes no warranties that the Website or Service will be uninterrupted, error-free, or
secure.
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
17. TERMINATION.
The Subscriber is free to stop using this Website or Services at any time. The Company reserves the
right to terminate this Agreement at any time for any reason, with or without cause. The Company
further reserves the right to terminate this Agreement if the Subscriber violates any of the terms
outlined herein, including, but not limited to, violating the rights of the Company.
18. ARBITRATION.
In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by arbitration. There shall be 1 arbitrator(s), who shall be appointed by the American Arbitration Association.
The venue of arbitration shall be Anne Arundel County, Maryland, and the Seat shall be Maryland. The
arbitrators' decision shall be final and binding on both Parties.
19. NOTICES.
Any notices required or permitted by this Agreement shall be in writing and delivered by certified
mail or courier to the mentioned address.
20. SEVERABILITY .
In the event any provision of this Agreement is deemed to be invalid or unenforceable, in whole or
part, that part shall be severed from the remainder of this Agreement, and all other provisions shall
remain in full force and effect as valid and enforceable.
21. GOVERNING LAW.
This Agreement shall be governed following the laws of the Maryland. If the disputes under this
Agreement cannot be resolved by arbitration, they shall be resolved by litigation in the courts of the
Annapolis, including the federal courts therein, and the Parties all consent to the jurisdiction of such
courts, agree to accept service of process by mail and hereby waive any jurisdictional or venue
defenses otherwise available to it.
22. ENTIRE AGREEMENT.
The Parties acknowledge that this Agreement sets forth and represents the agreement between
both Parties. If the Parties are willing to change/add/modify any terms, they shall be in writing and
signed by both Parties.