Terms of Service Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO ANY FITWATCH PRODUCT AND BEFORE USING THE WEBSTE.. BY SUBSCRIBING TO ANY FITWATCH PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE THE WEBSITE OR ANY FITWATCH PROGRAMS. IF YOU DO NOT COMPLY WITH THIS AGREEMENT, WE RESERVE THE RIGHT TO TERMINATE THIS AGREEMENT. FITWATCH MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. GENERAL DISCLAIMER

The information, tools and services provided by Suzanne Hiscock/FitWatch (further referred to as "FitWatch") are strictly for informational/educational purposes and are in no way intended to replace medical counseling. Always consult a medical professional before making any major changes to your lifestyle or if you have any questions related to your health. While the utmost care is taken to make sure the information and services provided are correct, errors can occur.

You must be 18 years of age or over to use any FitWatch services, tools and programs.

2. HEALTH DISCLAIMER

FitWatch is not a medical organization. Nor does it provide dietitian or nutritionist services. The services provided by FitWatch, including but not limited to the FitWatch Fitness Tracker and the FitWatch Nutrition Coaching Program are for informational/educational purposes. Nothing contained within the FitWatch website, tools and programs should be construed as medical advice or diagnosis, and it should not be used to make such diagnosis. Please consult a medical professional for such services.

Those under 18, pregnant or breastfeeding women or individuals with medical problems should not use the FitWatch services and programs without first consulting with a medical professional.

3. FITWATCH NUTRITION COACHING PROGRAM

The FitWatch Nutrition Coaching Program is a 12 month, online, habits-coaching program.

Monthly Subscribers: Your 12 payments will be billed monthly as a recurring payment. You may cancel at any time. No refunds can be given for cancellations. Please contact support@fitwatch.com if you need assistance.

Yearly Subscribers: A year long subscription gives you one full year of nutrition coaching through the FitWatch Nutrition Coaching program. If you cancel before the program is over, only the unused portion is refundable, prorated at the monthly rate. (That is, the year long subscription gives you a discount on the monthly subscription. If you cancel, the refunded portion will be based on an amount as if you had a monthly plan. The year long discount no longer applies because a full year was not paid.) Contact support@fitwatch.com if you need assistance.

Money Back Guarantee: If you have followed the full 12 months of coaching with at least 80% effort in the full program and you are not happy with the results, FitWatch will refund the fees paid for coaching. Refunds can only be made back to the credit card used to make the payment. Contact support@fitwatch.com if you need assistance.

Workouts Disclaimer: While the workouts provided in the program have been created by Precision Nutrition with the utmost care, you do the workouts at your own discretion and risk. This is an online program. As such, direct coaching as to your form and/or intensity and/or frequency and/or duration when doing the exercises cannot be provided. Please consult a medical professional before doing any exercise.

4. FITWATCH NUTRITION PROGRAMS (WITHOUT COACHING)

Eat Better - Move More - Believe in Yourself Program

Automatic Recurring Billing - Your First Payment
Your free trial starts on the first Monday after signing up. It ends seven days later, at the end of the day Sunday.

To Continue After the Free Trial
If you decide to continue with program, you don't need to do anything. Your first payment will be charged the day after the free trial ends. You will then be billed on a monthly basis. You can cancel at any time.

To Cancel Before Being Billed
If you decide during the free trial period that the program is not right for you, you need to cancel before the free trial ends.

How To Cancel
Canceling your subscription is easy. You can use one of the two methods down below:

Use the Contact Your Coach link in the program menu to send me a direct message.
Send me an email at support@fitwatch.com.

12 Week Program

Refund Policy: From the time you order, you have 2 weeks to try it out. If you don't notice a difference after the first 10 days or if you go the full 14 days and don’t feel like a new you, or if you’re not satisfied for any reason, just let me know—you’ll get your money back! Just send me completed food journals showing you followed program for a full 2 weeks in the free My Fitness Pal app.

5. USERNAME, PASSWORD, ACCESS

You agree that your username and password: a) is to be used for your personal, non-commercial use, as long as all terms are met, b) is non-transferable and c) is not to be shared with others. You are responsible for and will pay any fees that you incur to access the Internet in order to use the FitWatch Fitness Tracker. You are also responsible for maintaining and operating any equipment that is needed to access the FitWatch Fitness Tracker, such as, but not limited to, computer equipment.

6. LOSS OF DATA

While FitWatch will do its utmost to keep back-ups of databases, it cannot be held responsible for any loss of data that incurs due to computer difficulties, especially as the result of a third party host.

7. MAINTENANCE

You understand that on rare occasions the service may be down due to maintenance or unforeseen circumstances, either with or without an e-mail warning. In these instances, service will be restored in the briefest time delay.

8. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Suzanne Hiscock, FitWatch, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the FitWatch Fitness Tracker from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the FitWatch Fitness Tracker.

Notwithstanding the above paragraph, the total liability of Suzanne Hiscock, FitWatch and its officers, directors, employees, agents, licensors, suppliers and any third party information providers, if any, for losses or damages shall not exceed the fees paid by you for the service provided.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. FITWATCH. PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND FITWATCH SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. FITWATCH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL FITWATCH BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF FITWATCH OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FITWATCH LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. MISCELLANEOUS

This Agreement shall all be governed and construed in accordance with the laws of Canada applicable to agreements made and to be performed in Canada. You agree that any legal action or proceeding between FitWatch and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Canada. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. FitWatch's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. FitWatch may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

FitWatch
1900 Seguin
Brossard, QC
Canada J4X 1K8

support@fitwatch.com