Fit and Well: Terms & Conditions

Introduction

Acceptance of Terms and Conditions

Welcome to our website, if you continue to browse and use this website, you are agreeing to comply with and to be bound by the terms and conditions shown on this page.

These terms and conditions together with our privacy policy govern your use of this website and Fit-and-Well.com's relationship with you in relation to this website.

By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

The term 'Fit-And-Well.com or 'us' or 'we' refers to the owner of the website, Patagonia Wellness (Office Address).

The term 'you' or 'visitor' refers to the person who is the user or viewer of our website.

Modification of Terms and Conditions

These Terms and conditions can be modified by us without prior notice and for any reason whatsoever, with immediate effect from the date of publication on the website

Please check this page regularly to ensure you are familiar with the current version.

Your continued use of this website means that you accept any modifications in terms and conditions in full.

Privacy Policy

Please read our Privacy Policy to understand how we respect your privacy and use any information that you may share with us.

The California Consumer Privacy Act (CCPA)

To comply with the CCPA, we have a special Privacy Notice for California Residents which supplements and is expressly made part of the information contained in our Privacy Policy; it applies solely to all visitors, users, and others who reside in the State of California.

You can read it by visiting our Don't Sell my Personal Information webpage.

Cookie Policy

For full details on how we deal with cookies and our compliance with the EU regulations, please visit our Cookie Policy page.

We may use cookies on this website but only where essential. By using our website, you consent for us to place these cookies on your computer.

A cookie is a small piece of text stored on your computer, phone, or whatever you use to access the Internet. Cookies have many uses, but fundamentally they are used to store information about you on your computer. We encourage you to accept the cookies our website uses as they help us to improve the user experience for you and many others.

Please read our Cookie Policy to understand how it affects your privacy.

Discrimination is against the Law

Diversity and Inclusion

Patagonia Wellness is committed to creating an inclusive website (Fit-and-Well.com) as a platform for people to learn more about fitness, health and wellness. A website that is diverse and respectful of different viewpoints.

Zero-Tolerance of Discrimination

At Fit-and-Well.com discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history) is illegal and will not be tolerated.

All of our editorial decisions are made without regard to gender, age, race, sexual orientation, religious belief, nationality, ethnic origin, citizenship, political philosophy, or institutional affiliation of the authors.

Our content should reflect this diversity and our anti-discrimination stance. Should you notice bias or discrimination in our content, please report it so we can take appropriate action.

Disclaimer

No Warranties

This website is provided 'as is' without any representations or warranties, express or implied.

Fit-And-Wellcom makes every effort to ensure that the information or material on this website is and remains accurate. However, no representation or warranty, express or implied, is made or given, by Fit-And-Wellcom about accuracy, completeness, or suitability of the information or material for a particular purpose.

Without prejudice to the generality of the foregoing paragraph, Fit-And-Wellcom does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial, or medical] matter you should consult an appropriate professional.

Health Advice Disclaimer

While efforts have been made to provide balanced and credibly-sourced information from experts, this content is not a substitute for professional medical advice, diagnosis, and treatment.

Please visit our Medical Disclaimer page for full details on the scope of the information provided on our website.

Limitations of Liability

Use of this website is at the risk of the user and neither Fit-And-Wellcom nor its owners, employees agents or servants shall be liable for any claim damage or loss whatsoever which may arise or result from such use.

Fit-And-Wellcom will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Fit-And-Wellcom has been expressly advised of the potential loss.

Fit-And-Wellcom does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy or reliability of the materials. Neither Fit-And-Wellcom nor its owners, employees agents or servants will be liable for any loss or damage which may arise including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from the use or loss of use of, data or profits arising out of or in connection with the use of Fit-And-Wellcom website.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

No Implied Waiver

The failure or delay of any Party hereto to enforce at any time any of the provisions of this Agreement, or to require at any time performance of the other Party hereto of any of the provisions hereof, shall neither be construed to be a waiver of such provisions nor affect the validity of this Agreement or any part hereof or the right of such Party thereafter to enforce each and every such provision.

Indemnity

You hereby indemnify Fit-And-Wellcom and undertake to keep Fit-And-Wellcom indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Fit-And-Wellcom to a third party in settlement of a claim or dispute on the advice of Fit-And-Well.com's legal advisers) incurred or suffered by Fit-And-Well.com arising out of any breach by you of any provision of these terms and conditions [, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Fit-And-Well.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Virus protection

Whilst Fit-And-Well.com makes every effort to check and test material at all stages of production it strongly recommends that users of this website run an anti-virus program on all material downloaded from it. Fit-And-Well.com accepts no responsibility and shall not be liable for any loss, disruption, or damage to any data or computer system which may occur whilst using material derived from this website.

Links to external sites

On the Fit-And-Well.com website we try to include links to relevant organizations, companies, or institutions that you may find useful. With numerous websites around the world though we do need guidelines to help ensure we are fair and consistent.

We have two types of links:

1. Internal links. Internal links are links to another part of the Fit-And-Well.com website. These might be referred to as related pages.
2. External links. External links are links to sites that we do not own, or have any control over, but that we think you might find useful.

As a general rule, we try to link to Government websites, reputable scientific journals and, not-for-profit/non-commercial websites.

Links to external websites are marked with this symbol:

Affiliate Links

We tend not to link to commercial websites, but on occasions, we do so and may be affiliated to them in return for cash, services or other consideration in kind.

In compliance with the U.S. government's FTC (Federal Trade Commission) and the Interactive Advertising Bureau (IAB) Guidelines, we hereby disclose that on our website we may have affiliate links.

Fit-And-Well.com is reader-supported. When you buy through links on our site, we may earn an affiliate commission.

Visit our Affiliate Disclosure Page.

Advertisements

We also may serve advertisements on our website as a source of revenue.

Please read our Advertisement Policy to learn more about ads on Fit-and-Well.com and how they are compatible with our ethical guidelines.

We are not responsible for the content, reliability, or availability of external web sites and do not necessarily endorse the views expressed within them. Listing should not be taken as an endorsement of any kind.

We have done our utmost efforts in order to verify the links that our pages may lead to, their contents may change without us knowing. Therefore please inform us of any links which may contradict our linking policy, so that we can eliminate any such links.

We accept no responsibility for the content, accuracy, or function of these other third party websites. The links are provided in good faith and Fit-And-Well.com cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Fit-And-Well.com. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

If you notice a link that you feel should not be on the Fit-And-Well.com website please email info@Fit-And-Wellcom. Likewise, if you would like to request a link from our website please contact us but we will apply the above criteria.

Linking to Fit-And-Well.com

You can link freely to this site from other websites provided that the content of such websites is not pornography, discriminatory or derogatory to anyone (on the base of gender, sexual preferences, nationality, race, etc.). The content of websites that link to www.Fit-And-Well.com shall not be defamatory, or promote violence in any form, shall not promote the use, sale of weapons, war, drugs, child pornography, exhibit nudes (other than those of recognized artistic value), gambling, or schemes of dubious reliability regarding making money; or any other illegal activity.

Links are welcome from sites that promote health, wellbeing, fitness, diets and food, eating, wellness, travel, tourism, road trips, environmental protection, outdoor activities, general information, etc.

Brand Names and trademarks

All brand names and product names depicted or mentioned in this web site (www.Fit-And-Well.com) and other web sites are trade marks, service marks, trademarks,© Copyright, or registered trademarks ® of their respective owners.

Any brand name, or trademark, logo, etc. (brands) either of products or services, that appears on our website, or third parties' websites linked to them, are owned either by Fit-And-Well.com or third parties. The visitor shall not use these brands without the previous formal consent of the corresponding owners of these brands.

Copyright

This website is composed of several integrated and inseparable elements (content, text, illustrations, photographs, sounds, video or animated images, computer program lines, javascript, and CSS or HTML elements, etc.), all rights and copyright over them and the website belong to Fit-And-Well.com The exception is those materials used under third party license, and ⁄ or copyright, whose owners retain their full rights and copyright.

All rights in the design, layout, text, graphics and other material on our site and the selection or arrangement thereof is copyright of Fit-And-Well.com, and ⁄ or other third parties. Permission is granted to electronically download, copy and print, in hard copy, portions of our site solely for private, personal, research, or educational use (within the classroom), provided that no changes are made to the material and that Fit-And-Well.com is acknowledged as the owner.

Any other use of the materials on our site (including reproduction for purposes other than noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.

Permission to reproduce copyright material on this site does not extend to any material identified as being the copyright of a third party. Permission to reproduce such material must be obtained from the copyright holder.

Creative Commons

For material used and adapted by Fit-And-Well.com, under Creative Commons' License in this website the Attribution and Share-Alike clauses are valid as per the following License: Attribution-ShareAlike 4.0 International.

You must give appropriate credit to us and provide a link to the webpage from which you obtained the material. For example: "Credits: Fit-and-Well.com"

Fair Use Notice

This site may contain or link to third party's copyrighted material, the use of which may not be specifically authorized by the copyright owner. We understand that the use of such copyrighted materials constitutes 'fair use' as provided for in section 107 of the U.S. Copyright Law. The content and material on this site is distributed without profit and serves only to educate and inform our readers.

If you wish to use copyrighted material from this site for purposes of your own that go beyond "fair use", you must obtain permission from the copyright owner.

We believe this usage to be "Fair Use" of the cited copyrighted material for educational and discussion purposes and to advance awareness and understanding of issues relating to the health issues, lifestyle changes to improve health, such as dieting, being more active, becoming fitter, losing weight, etc. of the people who visit this website.

If you are a legal copyright holder or a designated agent for such and you believe a post or content on this website falls outside the boundaries of "Fair Use" and legitimately infringes on your's or your client's copyright we may be contacted concerning copyright matters as noted above. If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question. If you require a courier address please send an email and we will provide you with the required information.

All third party material posted on this website is copyright the respective owners and ⁄or authors. Fit-And-Well.com makes no claim of copyright on such material. Please read below our use of User Content

The largest majority of our website's content is produced, owned, and controlled by Fit-And-Well.com as the first party.

It is at no time the intention of Fit-And-Well.com, its officers, employees, contractors, affiliates, and/or owners to violate any commercial or private copyrights regarding the use of any portion of information and⁄or images published on this website; whether first, second, or third party.

The images, logos, or icons displayed are copyright and/or property of their rightful legal owners.

We have gone to great pains to verify that any brand or copyrighted service, product, and graphic images or texts are correctly acknowledged in our site, however, we may have involuntarily overlooked something. If this is the case, please advise us so that we can correct any such omissions immediately. Thank you.

Third-party information

Where third party information has been posted on this website Fit-And-Well.com accepts no liability for any loss, damage or inconvenience caused as a result of any reliance on such information.

Social media

Acceptable use policy. We have a number of social media outlets, which we invite the public to follow us on.

Most online communities have their own rules and guidelines, which we will always follow. We reserve the right to remove any contributions that break the rules or guidelines of the relevant community, or any of the following:

1. Be civil, tasteful, and relevant.
2. Do not post messages that are unlawful, libelous, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually-oriented, or racially offensive.
3. Do not swear.
4. Do not post content copied from elsewhere, for which you do not own the copyright.
5. Do not post the same message, or very similar messages, more than once (also called "spamming").
6. Do not publicize your, or anyone else's, personal information, such as contact details.
7. Do not advertise products or services.
8. Do not impersonate someone else.

Defamation

Please take care not to make defamatory statements. In law, this means a statement that lowers the reputation of a person or organizsation in the eyes of a reasonable person. By publishing such a statement we can both get into serious trouble. We will therefore take down any statement that could be deemed to be defamatory as soon as we become aware of it.

Our approach to connections on social media

We may choose to 'follow', 'like' or otherwise establish connections with other organizations and individuals using social media. This is so that we can maintain contact with what other social media users are saying and, where appropriate, share their content. Sometimes we also need to establish a connection so that we can engage with users, e.g. via direct messages or posting. This is an emerging area of communications and as such Fit-And-Well.com will review and amend its practice continuously.

Endorsement

Fit-And-Well.com does not implicitly or explicitly endorse any individual or organization merely by virtue of creating a social media connection, regardless of the terms used by social media providers such as 'follow' or 'like'. Indeed, we may maintain social media connections with organizations that are critical of it and/or have opposing views. Nor does Fit-And-Well.com hold any responsibility for the content of such profiles.

Removal

Once connected, Fit-And-Well.com will not remove a profile from its network unless there is some over-riding reason to do so, e.g. because it poses a significant and material risk to Fit-And-Well.com's reputation and credibility.

Contacting us via social media

Our responses to replies, comments, and direct messages depend on the individual service. Even if we do not reply, we are listening and will act on or pass on your comments as appropriate. You may also like to contact us directly. Please note that unless stated otherwise the views/comments given on any of our social media sites may not necessarily reflect the views of Fit-And-Well.com.

Terms and conditions

Unless otherwise stated, Fit-And-Well.com owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You are welcome to download any of the material for your own personal use on these terms and conditions:

1. You accept all risks from downloading, installing, or using the material. Fit-And-Well.com will not be responsible for any damage (including any damage caused by viruses) to your computer or software or any losses or damage suffered by you as a result of downloading, installing or using the material.
2. You will not, without the prior written agreement of Fit-And-Well.com reproduce, redistribute or alter any of the material or alter or remove any copyright notices on the material. Except for those used by us under Creative Commons licenses which may allow such use by third parties.
3. By downloading, installing or using any of the material you automatically agree to these terms and conditions. If you do not agree to these terms and conditions, then please do not download, install, or use any of the material.
4. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out here and elsewhere in these terms and conditions.
5. You must not: republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; redistribute material from this website except for content specifically and expressly made available for redistribution.
6. All other rights are reserved to Fit-And-Well.com. Any infringement of our rights will result in the appropriate legal action.

By using this site you are agreeing to be bound by the terms and conditions shown on this page.

Fit-And-Well.com can change these terms without any prior notice.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without our express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Fit-And-Well.com's express written consent.

Restricted access

The access to certain areas of this website is restricted and we reserve the right to restrict access to areas of this website, or indeed this entire website, at our own discretion.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, graphic or written material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Fit-And-Well.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Fit-And-Well.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Fit-And-Well.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint. We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website. Notwithstanding Fit-And-Well.com's rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Children

This website does not intend to market any Fit-And-Well.com products or services to children under thirteen (13) years of age. We do not knowingly gather or solicit data from children under thirteen (13) years of age through this website for marketing purposes. By using this website you represent that you are not under thirteen (13) years of age.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and⁄or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our Privacy Policy, copyright notice and website disclaimer, constitute the entire agreement between you and Fit-And-Well.com in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Termination

We reserve the right in our sole discretion to terminate or restrict your use of all or any part of the website, without notice, for any or no reason, and without liability to you or anyone else. The Terms and Conditions relating to Ownership and Use of Content, Indemnification, Limitation of Liability, Warranty Disclaimer, Limitation of Liability, and Governing law shall survive any termination.

Governing Law and jurisdiction

You and Fit-And-Well.com agree that any controversy or claim arising from or pertaining to the use of this website and/or application shall be governed by the Argentine Republic law and be submitted to the exclusive jurisdiction of the courts of The Argentine Republic.

Legal notice update

We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.

Contact us

Contact Information

If you have any questions or comments, please do not hesitate to contact us, Patagonia Wellness, through our e-mail address: info@patagoniawellness.com.

Phone: +54 911 31752840

Postal Address:

Patagonia Wellness
Liniers 440
Florida, B1602 Provincia de Buenos Aires
Argentina

Complementary Information

Please read all of our policies:

• Terms & Conditions
• Privacy Policy
• Affiliate Disclosure
• Advertisement Policy
• Don't Sell my Personal Information
• Cookie Policy
• Publishing Ethics
• Editorial Guidelines
• Medical Disclaimer

Issued on August 23, 2020. Revision 00.

About this Article

Terms and Conditions, A. Whittall

©2020 Fit-and-Well.com, 23 Aug. 2020. https://www.fit-and-well.com/terms.html

Tags: Terms, General Conditions, Terms & Conditions

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