Monday - Friday 7:00am - 10:00pm
fbcfitness2310@gmail.com
5104023680 5103999766
en-us
  • en-us
  • es

TERMS AND CONDITIONS

Terms and Conditions of FBC Fitness LLC

Effective Date: 06/25/2024

1. Introduction

These Terms and Conditions ("Terms") govern your use of services provided by FBC Fitness LLC ("FBC Fitness", "we", "us", or "our"), including but not limited to fitness classes, personal training sessions, nutrition counseling, website, mobile application, products, and any other related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services and uninstall our Mobile Application.

1.1. Age Requirement: You must be at least 13 years old or the minimum age required in your country to consent to access or use our Services. If you are under 13 years old, you may only use our Services with the involvement of a parent or guardian.

1.2. Registration Information: When you register for our Services, you agree to provide accurate, current, and complete information about yourself as prompted by the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

2. Services and Conduct

2.1. Service Availability: We will make reasonable efforts to ensure that our Services are available at all times. However, we reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.

2.2. Conduct: You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to engage in any conduct that:

  • Violates any applicable law or regulation.

  • Modify, copy, lease, sell or distribute any of our Services.

  • Infringes the rights of others.

  • Harms or could harm minors.

  • Harasses or promotes harassment of another person.

  • Is discriminatory, hateful, or promotes violence.

  • Interferes with or disrupt the operation of our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put in our Services.

  • Interfere with or disrupt the operation of the FBC Fitness App or its servers or networks.

  • Use any automated means to access the FBC Fitness App or collect information from the FBC Fitness App.

  • Transmit any viruses, worms, or other malicious code through the FBC Fitness App.

  • Automatically or programatically extract data or output.

  • Decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).

  • Use components of our Services, including our models, algorithms, or systems to develop models that compete with FBC FITNESS LLC Services.

2.3 Software: Our Services may allow you to download software, such as mobile application, which may update automatically to ensure you're using the latest version. Our software may include open source software that is governed by its own licenses that we've made available to you.

2.4 Corporate domains: If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization's administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.

2.5 User Content

  • The FBC Fitness App may allow you to submit, post, or upload content, including but not limited to text, images, and videos ("User Content").

  • By submitting User Content, you grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the FBC Fitness App.

  • You represent and warrant that you have the necessary rights to grant the above license and that your User Content does not violate any third-party rights.

2.6 Our use of Content: We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

2.7 Third party Services: Our Services may include third party software, products, or services, ("Third Party Services") and some parts of our Services. Third party Services are subject to their own terms, and we are not responsible for them.

2.8 Feedback: We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

3. Payment and Fees

3.1. Payment Terms:  If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. You are responsible for all applicable taxes, and we'll charge tax when required. You agree to pay all fees and charges associated with your use of our Services as outlined in the pricing or fee schedule provided to you. All fees are non-refundable unless otherwise specified.

3.2. Billing Information: By providing a payment method, you authorize us to charge you for the applicable fees using your chosen payment method.

3.3 Cancellation: You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

3.4 Changes: We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice an any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

4. Termination and suspension

4.1 Termination: You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

  • You breached these Terms of usage.

  • We must do so to comply with the law.

  • Your use of our Services could cause risk or harm to FBC Fitness app, website, our users, or anyone else.

  • We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

If you are not able to access your FBC Fitness app account and you need help canceling your subscription, please reach out to https://www.fbcfitness.com/contact/ . If you need help deleting your account, please fill out the form at https://www.fbcfitness.com/delete-account-request2/

Important Notes:

  • Only existing subscribed users will see the 'Paid Plan' option.

  • Your cancellation becomes effective the day after your next billing date, allowing you to use the services until then.

  • To avoid being charged for the next billing period, cancel at least 24 hours before your next billing date.

  • Subscription fees are non-refundable.

5. Discontinuation of Services: We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

6. Disclaimer of warranties: OUR SERVICES ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

7. Limitation of liability: NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR NAY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FBC Fitness LLC's AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

8. Indemnification: If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliate, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorney's fees) from third party claims arising out of or relating to your access or use of the Services and Content or any violation of these Terms.

9. Modification to Terms: We reserve the right to modify these Terms at any time by posting the revised Terms on our website or by notifying you through other means. Your continued use of our Services after such changes constitutes your acceptance of the revised Terms.

10. Governing Law and Dispute Resolution

10.1. Governing Law: These Terms and any action related thereto will be governed by the laws of [State/Country], without regard to its conflict of laws provisions.

10.2. Dispute Resolution: Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Franscisco, California/United States, and you hereby consent to the personal jurisdiction of such courts.

11. Informal dispute resolution: We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice to fbcfitness@fbcfitness.com. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve the Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

12. Arbitration procedures: The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state of federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

13. Class and Jury trial waivers: You and FBC Fitness LLC agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidates, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and FBC Fitness LLC knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

14. Copyright complaints: If you believe that your intellectual property rights have been infringed, please send notice to the address below or to fbcfitness@fbcfitness.com. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

FBC Fitness LLC

3100 Capitol Ave, Suite h

Fremont, California 94538

15. Intellectual Property: All content, trademarks, and intellectual property on our website and mobile application are owned by FBC Fitness LLC.

  • You may not use our content for commercial purposes without prior written consent.

16. Changes to Terms and Conditions: FBC Fitness LLC reserves the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website.

17. Contact Information

17.1. Contact: If you have any questions about these Terms, please contact us at fbcfitness@fbcfitness.com

These Terms constitute the entire agreement between you and FBC Fitness LLC regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.


Terms of Use

Effective Date: 06/25/2024

1. Introduction

These Terms of Use ("Terms") apply to your use of services provided by FBC Fitness LLC ("FBC Fitness", "we", "us", or "our"), for individuals, along with any other products, or related services (collectively, the "Services"). By accessing or using our Services, you agree to these Terms.

1.1. Age Requirement: You must be at least 13 years old or the minimum age required in your country to consent to access or use our Services. If you are under 13 years old, you may only use our Services with the involvement of a parent or guardian.

1.2. Registration Information: When you register for our Services, you agree to provide accurate, current, and complete information about yourself as prompted by the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. The tool provides information based on input data (such as dietary preferences, nutritional goals, etc.).

2. Services and Conduct

2.1. Service Availability: We will make reasonable efforts to ensure that our Services are available at all times. However, we reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.

2.2. Conduct: You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to engage in any conduct that:

  • Violates any applicable law or regulation.

  • Modify, copy, lease, sell or distribute any of our Services.

  • Infringes the rights of others.

  • Harms or could harm minors.

  • Harasses or promotes harassment of another person.

  • Is discriminatory, hateful, or promotes violence.

  • Interferes with or disrupt the operation of our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put in our Services.

  • Interfere with or disrupt the operation of the FBC Fitness App or its servers or networks.

  • Use any automated means to access the FBC Fitness App or collect information from the FBC Fitness App.

  • Transmit any viruses, worms, or other malicious code through the FBC Fitness App.

  • Automatically or programatically extract data or output.

  • Decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).

  • Use components of our Services, including our models, algorithms, or systems to develop models that compete with FBC FITNESS LLC Services.

2.3 Software: Our Services may allow you to download software, such as mobile application, which may update automatically to ensure you're using the latest version. Our software may include open source software that is governed by its own licenses that we've made available to you.

2.5 User Content

  • The FBC Fitness App may allow you to submit, post, or upload content, including but not limited to text, images, and videos ("User Content").

  • By submitting User Content, you grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the FBC Fitness App.

You represent and warrant that you have the necessary rights to grant the above license and that your User Content does not violate any third-party rights.

2.6 Accuracy of Information: The output results provides information based on input data. Users are responsible for ensuring the accuracy of their inputs.

    Disclaimer: The tool may provide general recommendations but should not substitute for professional medical advice. Users should consult a healthcare professional before making significant dietary changes.

2.7 Our use of Content: We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

2.8 Third party Services: Our Services may include third party software, products, or services, ("Third Party Services") and some parts of our Services. Third party Services are subject to their own terms, and we are not responsible for them.

2.9 Feedback: We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

3. Payment and Fees

3.1. Payment Terms: If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. You are responsible for all applicable taxes, and we'll charge tax when required. You agree to pay all fees and charges associated with your use of our Services as outlined in the pricing or fee schedule provided to you. All fees are non-refundable unless otherwise specified.

3.2. Billing Information: By providing a payment method, you authorize us to charge you for the applicable fees using your chosen payment method.

3.3 Cancellation: You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

3.4 Changes: We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice an any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

4. Termination and suspension

4.1 Termination: You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

  • You breached these Terms of usage.

  • We must do so to comply with the law.

  • Your use of our Services could cause risk or harm to FBC Fitness app, website, our users, or anyone else.

  • We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

If you are not able to access your FBC Fitness app account and you need help canceling your subscription, please reach out to https://www.fbcfitness.com/contact/ . If you need help deleting your account, please fill out the form at https://www.fbcfitness.com/delete-account-request2/

Important Notes:

  • Only existing subscribed users will see the 'Paid Plan' option.

  • Your cancellation becomes effective the day after your next billing date, allowing you to use the services until then.

  • To avoid being charged for the next billing period, cancel at least 24 hours before your next billing date.

  • Subscription fees are non-refundable.

5. Discontinuation of Services: We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

6. Disclaimer of warranties: OUR SERVICES ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

7. Limitation of liability: NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR NAY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FBC Fitness LLC's AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

8. Indemnification: If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliate, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorney's fees) from third party claims arising out of or relating to your access or use of the Services and Content or any violation of these Terms.

9. Modification to Terms: We reserve the right to modify these Terms at any time by posting the revised Terms on our website or by notifying you through other means. Your continued use of our Services after such changes constitutes your acceptance of the revised Terms.

10. Governing Law and Dispute Resolution

10.1. Governing Law: These Terms and any action related thereto will be governed by the laws of [State/Country], without regard to its conflict of laws provisions.

10.2. Dispute Resolution: Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Franscisco, California/United States, and you hereby consent to the personal jurisdiction of such courts.

11. Informal dispute resolution: We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice to fbcfitness@fbcfitness.com. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve the Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

12. Arbitration procedures: The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state of federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

13. Class and Jury trial waivers: You and FBC Fitness LLC agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidates, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and FBC Fitness LLC knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

14. Copyright complaints: If you believe that your intellectual property rights have been infringed, please send notice to the address below or to fbcfitness@fbcfitness.com. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

FBC Fitness LLC

3100 Capitol Ave, Suite h

Fremont, California 94538

15. Intellectual Property: All content, trademarks, and intellectual property on our website and mobile application are owned by FBC Fitness LLC.

  • You may not use our content for commercial purposes without prior written consent.

16. Changes to Terms of Use: FBC Fitness LLC reserves the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting on our website.

17. Contact Information

17.1. Contact: If you have any questions about these Terms, please contact us at fbcfitness@fbcfitness.com

These Terms constitute the entire agreement between you and FBC Fitness LLC regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.