Last updated: June 12, 2022
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://fitnesswebdesigner.com website (the “Service”) operated by Fitness Web Designer (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Electronic Communications
When you visit www.fitnesswebdesigner.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Fitness Web Designer and its licensors.
Support
The hours of Support are every day between 9.00am-9.00pm (EST) (GMT -4).
All Support questions must be submitted via our website contact us form, email to contact@fitnesswebdesigner.com, or Facebook page chat module.
All Support questions will be generally be answered in around 8 business hours from the initial contact.
Communication from the email address provided by the client at the time of purchase may be required as a proof that the user requesting support is indeed the rightful owner of an order. One may authorize other email addresses to represent one’s purchased order by emailing such additional email addresses to contact@fitnesswebdesigner.com from from the original email provided at the time of purchase.
We offer Support to all Customers that have purchased anything from us.
Terms of Support
To provide regular support, security, maintenance and optimization of all orders we are granted full access to all orders and websites built by us.
If The Client’s website has technical coding, defects, damage or hosting problems not caused directly by Fitness Web Designer, Fitness Web Designer will not be held liable for any resulting consequences but can assist in solving such problems.
Refunds
Fitness Web Designer stands behind all of our products/services and we will resolve any faults or imperfections found in any of our products to the best of our ability. This we can guarantee.
If you have any questions please contact us anytime.
Fitness Web Designer follows a no questions asked refund policy for all the products/services sold by us within the first 30 days of the purchase date.
Please contact us at fitnesswebdesigner@gmail.com with your refund requests.
A refund would give us the right to completely cancel any service we are providing to you. It will be your responsibility to save any desired data.
Under no circumstances will a refund be issued more than 30 days after your purchase date.
Subscriptions, Pre-Payment Reminder Emails and Auto-Renewal
Fitness Web Designer offers services which are subscription based and auto-renew with automatic billing of the payment information on file.
Pre-payment reminder emails should be sent out at least 7 days prior to any future billing of the client’s payment information. These pre-payment reminder emails should give the client a link to update their payment information such as in the case of an expiring credit card. We do not guarantee that pre-payment reminder emails will always be sent or received such as in the case of technical issues beyond our control, spam filters etc.
The client is responsible to keep track of their order renewal date and update their payment information accordingly if needed or desired whether via links provided in pre-payment reminder emails or contacting us directly.
Cancellation
The client can cancel their subscription to any of our services at any time by emailing contact@fitnesswebdesigner.com with their purchase details.
Cancelled annual subscriptions will continue to be active until the end of the current subscription period after which they will not renew.
A cancellation would give Fitness Web Designer the right to completely cancel any service we are providing to you.
The client is responsible to save any data they wish to keep prior to the termination of our service to them which will be the end of their respective subscription period.
Backups
Fitness Web Designer normally takes backups of all sites which are saved on a rotating basis with the earliest backups being overwritten. Please inform us at the earliest possible time if you have any issues with your website so that we will still have backups prior to the start of any issues. If all backups are overwritten already we will still do our best to help fix any issues however it may be a more complex process to troubleshoot, diagnose and repair.
Your Involved Accounts
If you use this site or any website built by us as part of an order, you are responsible for maintaining the confidentiality of your respective involved account(s) and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Fitness Web Designer, www.fitnesswebdesigner.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Fitness Web Designer.
Fitness Web Designer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fitness Web Designer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Hosting and External Service Providers
Fitness Web Designer uses hosting and services from large, reputable service providers and will do our best to ensure there are no interruptions to any of our services. However, we will not be responsible for any downtime, faults or damages caused by such service providers.
Fitness Web Designer reserves the right to host any website it has built for a client on servers under our control and not to provide website source files to be hosted elsewhere.
Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Your Privacy
Please read Privacy Policy
Cookies
We employ the use of cookies. By accessing Fitness Web Designer, you agreed to use cookies in agreement with the Fitness Web Designer’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our advertising systems/platforms may also use cookies.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Indemnification
You agree to indemnify, defend and hold harmless Fitness Web Designer and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Reviews, Comments, Emails And Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fitness Web Designer reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Fitness Web Designer, www.fitnesswebdesigner.com or its associates for all claims resulting from content you supply. Fitness Web Designer has the right but not the obligation to monitor and edit or remove any activity or content. Fitness Web Designer takes no responsibility and assumes no liability for any content posted by you or any third party.
Product Descriptions
Fitness Web Designer, www.fitnesswebdesigner.com and its associates attempt to be as accurate as possible. However, Fitness Web Designer, www.fitnesswebdesigner.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at contact@fitnesswebdesigner.com.