Effective: July 12th, 2025
These Website Terms of Use (“Terms of Use”) are legally binding between you and Fitness Assets LLC and its affiliates and subsidiaries (“we”, “us”, “our”, “Fitness Assets”, "FAM") and apply to any area of the Fitness Assets website located at www.fitnesssssets.com and all associated sites of Fitness Assets, including any AI Chatbots used on the foregoing and areas of sites that link to these Terms of Use (collectively, “Sites”).
1. ACCESSING AND USING OUR SITE.
By using the Site, you agree to be bound by these Terms of Use and our Acceptable Use Policy, and represent that you are at least 18 years of age. We reserve the right to update the Terms of Use at any time without notice. Your continued access or use of the Site following updates to these Terms of Use will constitute your acceptance of any updates. We reserve the right to amend, update and withdraw the Site, and any service or content we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
If you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Any accounts you create are specific to the user and you must not provide any other person with access to this Site or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Except where applicable laws require us to obtain your consent in another manner, and subject to the consent preferences you communicate to us, your use of this Site signifies consent to the collection, use, transfer, share, store, and disclosure of your information as set forth in our General Data Privacy Notice. For more information about our use of cookies and other similar technologies, please review our Cookie Policy.
2. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make non-commercial use of the Site. The licenses granted by us terminate if you do not comply with these Terms of Use.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, you are prohibited from accessing the Site and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are retained by us or our licensors or other rights holders. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use. You must not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site unless authorized under these Terms of Use.
You must not use our name, marks, logos, or related names, logos, product and service names, designs, or slogans without our prior written permission and in accordance with our Trademark Guidelines.
3. USER CONTENT
We may include features on the Site that allow you to input and share your communications, information, photos or other content (“User Content”) with us, our third party service providers, and with other users of the Site. You must not send, upload or transmit any User Content of any type that infringes or violates any rights of any party or violates these Terms of Use. By providing any User Content on the Site you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content anywhere in the world and through any media for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We assume no responsibility to monitor or filter any User Content posted, and we reserve the right to take any reasonable action we deem appropriate in regards to User Content that does not comply with these Terms of Use.
4. PROHIBITED USES
You may use the Site, only for lawful purposes and in accordance with these Terms of Use and our Acceptable Use Policy. In addition to the restrictions contained in our Acceptable Use Policy, You must not use the Site:
5. AI CHATBOT USE
Through your use of the Site, Fitness Assets may provide you the opportunity to engage with an artificial chatbot within our Site that is provided by a third party (“AI Chatbot”). The AI chatbot is an automated system powered by a third party and is designed to answer your questions related to the service and product offerings of Fitness Assets and to provide you information and assistance on how to learn more about and how to sign up and use the Fitness Assets services. Any information given by this AI Chatbot is unofficial and could be incorrect and is for informational purposes only. The AI Chatbot has no authority to create, modify, or agree to any contractual obligations on behalf of Fitness Assets. The only accepted pricing, trial access, or information about our services, functionality, and offerings is at https://fitnesssssets.com/pricing and https://docs.fitnesssssets.com/. You are responsible for independently verifying any critical information received from this AI assistant with an authorized human representative of Fitness Assets before making decisions or taking actions based on such information. For more information about our offerings and pricing, please contact Sales. You are in no way obligated to use the AI Chatbot and are fully responsible for the User Content inputted into the AI Chatbot in accordance with these Terms of Use. We reserve the right to modify, add or delete individual or all AI Chatbot functionalities or to suspend or discontinue the AI Chatbot temporarily or permanently without notice. Fitness Assets MAKES NO WARRANTIES CONCERNING ANY OUTPUTS OR RESULTS TO BE ACHIEVED FROM THE AI CHATBOT. The chatbot may collect certain information about you as disclosed in our Privacy Notice.
While we strive to provide accurate information through the AI Chatbot, we cannot guarantee the accuracy or the completeness of the information provided. You should evaluate the accuracy of any output as appropriate for your question or use case, including by using human review of the output. We reserve the right to monitor inputs and outputs to help prevent abusive or harmful uses or outputs.
6. ENFORCEMENT AND TERMINATION OF SITE USE
We have the right to remove or refuse to post any User Content for any reason at our sole discretion. In addition, we have the right to:
7. INDEMNIFICATION.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with the Site or any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms of Use.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, aggregators, and/or reporting services. All statements expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
TO THE FULL EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." Fitness Assets AND ITS THIRD-PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. Fitness Assets MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, ACCURACY OR COMPLETENESS OF THE SITE, THAT Fitness Assets WILL CONTINUE TO OFFER THE SITE OR THAT USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS. You may have other statutory rights, in which case the disclaimers above will apply to the full extent permitted by law.
Fitness Assets’S ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). Fitness Assets WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS OR INTERRUPTION OF BUSINESS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH A CLAIM IS BROUGHT. These limitations and exclusions apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, and even if Fitness Assets is informed of the possibility of such damages in advance. You understand that Fitness Assets would not be able to provide the Site without the limitations and exclusions in this Section 8, which will survive and apply even if any limited remedy in these Terms of Use is found to have failed of its essential purpose.
9. GOVERNING LAW AND VENUE
These Terms of Use will be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located in San Francisco, California and both parties hereby submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, Fitness Assets may bring a claim for equitable relief in any court with proper jurisdiction.
10. MISCELLANEOUS
If any provision of this Terms of Use is held invalid, illegal, or unenforceable, it will be limited to the minimum extent necessary so the rest of this Agreement remains in effect. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms of Use with respect to the items to which they apply. In the event of a conflict or inconsistency between these Terms of Use and any additional terms and requirements, the additional terms and requirements shall control.
The Site may include forward looking statements. Such information is provided for informational purposes only and should not be construed as an offer, commitment, promise or obligation on behalf of Fitness Assets to sell securities or deliver any product, material, code, functionality, or other feature.
11. ENFORCEMENT AND SEVERABILITY
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If any term or condition in these Terms of Use is deemed invalid, void, or unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
12. CONTACT
The Site is operated by Fitness Assets LLC. located at 3075 Book Rd, Suite 9342, Naperville, IL 60567.
It is our policy, in appropriate circumstances, to terminate repeat infringers.You can report a violation of these Terms of Use to: AUP@fitnesssssets.com. Or by mail at:
Attn: Legal
Fitness Assets, Inc.
3075 Book Rd, Suite 9342
Naperville, IL 60567
Additional information on how to contact Fitness Assets based on your question type can be found here.
Effective Date: July 12th, 2025