FitSavers LLC

Terms& Conditions

5132 N 300 W Provo Utah 84604

Effective January 1. 2010

Introduction


By placing an order with us you are deemed to have read, understood and agreed to the Terms and Conditions (these "Terms and Conditions") described in the following section. For questions regarding these Terms and conditions please contact us at 1-877-434-8728.

This Web site or any portion of this Web site may not be duplicated, reproduced, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by us. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

All trademarks and copyrights, including logos and brand names, are the property of their respective owners. References to brand names and logos are for descriptive purposes only and their use does not imply endorsement by or association with the brand name owners.

Terms of Membership and Membership Agreement

The following Terms and Conditions contain your "Membership Agreement" between the provider of this "Membership Program" ("we" and "us") and the enrolled member of this "Membership Program" ("you" or "your"). UPON ENROLLMENT, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THESE TERMS AND CONDITIONS CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR CUSTOMER SERVICE REPRESENTATIVES AT 1-877-434-8728 OR CONTACT US VIA E-MAIL AT www.fitsavers.com. You are not authorized to use the Fit Savers services without agreeing to be bound by these Terms and Conditions. Once you activate your Fit Savers membership (or Trial) today, you can immediately take advantage of the Fit Savers' exciting savings! After your trial period [see below as the trial periods vary according to the specific offer you receive from us], it's only $9.95 per month. Remember, you can call our customer service desk toll-free at 1-877-434-8728 or contact us on our Web site at any time to cancel your membership. To ensure continuous service, at the end of your specific trial period, you will be automatically charged $9.95 monthly fee, (for example, if it is a 14-day trial offer, you will be billed on the 15th day or the day after your trial period expires), to the credit/debit card/electronic check you provide today through us or our marketing partner and we will continue to bill your credit/debit card/electronic check your membership fee of $9.95 each month until you contact us and cancel your membership. If your offer included no Trial period, for example, your credit/debit card/electronic check will be charged immediately after you registered and we will continue to bill your credit/debit card/electronic check $9.95 each month until you contact us and cancel your membership.If your offer included a FREE product only (no membership), you are only required to pay the one-time Shipping/Handling charge of $9.95 to receive the FREE product. If, for any reason you are dissatisfied, call our toll-free number (1-877-434-8728) or contact us on our Web site to cancel your membership.

Disclaimer of Warranty. Neither we, nor the program provider, nor any of our/its affiliates nor participating properties assume any responsibility for errors or omissions in these and our Fit Savers membership materials you may receive from us or our participating properties or partners (the "Materials").

THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Further we do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. In particular, you should be aware that information contained in the Materials may be incomplete, may contain errors or may have become out-of-date. Neither we, nor any of our affiliates, shall be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Materials. We may make changes to the Materials, or to the products described therein, at any time without notice. We make no commitment to update the information contained in these Terms and Conditions or the Materials.

Promotion/Free Product Offer. he following offer is available to you when you register for a Fit Savers Membership: a) You will receive an opportunity to receive a discounted rate on your monthly membership fee; AND b) you may also receive a TRIAL MEMBERSHIP to FitSavers.com. Each offer we make may be different and the trial period time may vary from 7 to 30 days. In some marketing campaigns no Trial Membership will be offered. Make sure that you read your specific offer carefully and understand the exact trial period that may relate to your offer. You may also receive an offer for a FREE nutritional supplement only, with no commitment. In this case you are only required to pay the shipping and handling fee of $9.95 for the FREE product.

Parties Bound by Terms and Conditions. You are responsible for ensuring that all use of the services included in your Fit Savers membership are in accordance with these Terms and Conditions. You shall ensure that anyone who uses a Fit Savers service abides by these Terms and Conditions. You shall indemnify and hold us harmless for any violation of these Terms and Conditions or the Terms and Conditions related to or arising out of any Fit Savers service by any person using the same, with or without your consent or knowledge.

Modification of Terms and Conditions. We reserve the right to revise these Terms and Conditions and any service plan information and/or its fees and charges at any time without providing notice to you or our users and your continued use of the Fit Savers service shall be deemed irrevocable acceptance of any such revisions.

Term. The agreement between you and us begins on the date that you accept these Terms and Conditions and start your trial period or paying membership and our agreement will continue as long as you are a member of the Fit Savers. Membership in the Fit Savers is on a continuous service basis. This means that once you are a member your credit/debit card/electronic check will be charged your monthly membership fee of $9.95. Charges will appear on your credit/debit card/electronic check statement from Fitsavers. When you cancel your Fit Savers membership by contacting our customer service desk toll-free at 1-877-434-8727 or by contacting us on our Web site, our agreement as contained in these Terms and Conditions also terminates.

Pricing-Payment of Membership Fee. Once you activate your Fit Savers membership (or Trial period), you can immediately take advantage of the exciting Fit Savers savings! After your specific trial period is over, it's just $9.95 per month. Remember, you can call our customer service toll-free at 1-877-434-8728 at any time to cancel your membership. To ensure continuous service, at the end of your specific trial period, you will be automatically charged the $9.95 monthly fee, on to the credit/debit card/electronic check you provide today through us or our marketing partner and you will be billed $9.95 every month thereafter until you cancel your Fit Savers membership as described in these Terms and Conditions. If your specific trial period, for example, is a 14-day trial period, your credit/debit card/electronic check will be charged on 15th day after your trail offer started. If your offer included no Trial period, for example, your credit/debit/electronic check will be charged immediately after you registered. If for any reason you are dissatisfied, call our toll-free number (1-877-434-8728) or contact us on our Web site to cancel and you will no longer be charged.

The payment of your membership fee (which includes any trial period fee, enrollment/set-up or processing fee and shipping and handling charges, if applicable) is made automatically by a direct charge(s) to the credit/debit card/electronic check provided and authorized by you, in accordance with the payment terms contained in these Terms and Conditions. If applicable, in the event that your credit/debit card/electronic check cannot process the membership fee because of insufficient available credit or funds, we may, at our discretion, divide the total membership fee into incremental charges in order to process the total membership fee.

Shipping and Handling. We may charge you shipping and handling, depending upon your specific offer or promotion. If we do charge you shipping and handling, the charge will not exceed $9.95. If we charge you shipping and handling fee it will be paid automatically by a direct charge(s) to the credit/debit card/electronic check provided and authorized by you, in accordance with the payment terms contained in these Terms and Conditions. Membership card and/or free supplements will be sent to you within 10 days of your first billing.

Billed in Full Months. Your membership fee is billed in full months and during each month, all normal charges will apply. You are obligated to pay for a full month's membership fee, even if you give notice of non-renewal is at the beginning of the month.

Charge Card. You authorize us to charge your charge card for all charges owed by you pursuant to these Terms and Conditions. Taxes. You agree to pay all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, tariffs, access fees or other fees or charges now in force or enacted in the future, that arise from or as a result of, the services provided pursuant to your membership fee.

Billing Disputes. All disputes of any kind must be reported in writing to us no later than 30 days from the later of the date the disputed charge was posted your account. Unless disputed within said 30-day period, all charges posted to your account are deemed to be correct and you waive any claim after said 30-day period. Disputes must be sent to:

Fit Savers, LLC
5132 N 300 W
Provo, UT 84604

Our Trial Period. Each offer we make to new or prospective members may be different. Trial periods may not be offered or may vary, depending on the promotion, from 7 to 30 days. Within the applicable trial period you must cancel your membership. Notification can be given either on our Web site or by calling our toll free customer service line at 1-877-434-8728. Termination. We reserve the right to terminate or discontinue your Fit Savers membership at any time, for any reason or for no reason, in our sole and absolute discretion. Some offers include NO trial period.

Suspension. Should your account not be successfully charged, your account will be temporarily suspended. Call 1-877-434-8728 to reactivate.

All at Your Own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of our Fit Savers membership services remains with you, to the maximum extent permitted by law.

Jurisdiction's Limitations. Some jurisdictions do not allow some of the exclusions or limitations as set forth in these Terms and Conditions, so some of these exclusions may not apply.

Limitation of Damages. Under no circumstances shall our aggregate liability to you under these Terms and Conditions exceed the service charges for the 12 months immediately preceding the event giving rise to your claim.

Disclaimer of Liability for Damages. In no event will we, our officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you (or those using the service with or without your permission) in connection with the Fit Savers services be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.

No Third Party Beneficiaries. No provision contained in these terms and Conditions provides any person or entity not a party our agreements as contained in these Terms and Conditions with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

Governing Law and Jurisdiction. These Terms and Conditions are governed by the laws of the State of Utah, without regards to the conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of the courts in Utah County, in any and all claims or disputes arising out of or otherwise relating to these Terms and Conditions.

Assignment. You may not assign your rights under these Terms and Conditions. We may assign our rights under these Terms and Conditions at any time to any party, as we shall determine in our sole discretion and without giving prior notice to you or any of our members.

No Waiver. The failure of us at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by us.

Entire Agreement. These Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and these Terms and Conditions will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Any amendments or modifications or waivers to these Terms and Conditions will be in writing and will replace these Terms and Conditions.

Severability. If any part of these Terms and Conditions is declared invalid or unenforceable, all other parts will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms and Conditions.

No Jury Trial. YYou hereby waive any right to have any claim tried in a jury trial and all such claims shall be tried in front of a judge with competent jurisdiction.

Waiver of Claims After One Year. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the service must be filed within one (1) year after such claim or cause of action arose or be forever barred. Price Modification-Reservation of Rights. Your monthly membership fee will never exceed $9.95 per month; but we reserve the right to modify our monthly pricing based upon special offers we may run such as pre-paid memberships, discounted/promotional memberships, bundled offers (i.e. membership offers that include other products or services for a combined price) and/or affiliate/referral programs (for example, programs whereby we pay you or discount your monthly rate for referrals to Fit Savers or other similar programs and promotions).