Certified Personal Trainer, Group Instructor, and Nutritionist in the Kansas City Metropolitan Area

Thank you for your interest in NickiFit on Demand. We hope you enjoy your membership. PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING OR ACCESSING ANY OF THE SITES OR SERVICE.

NickiFit on Demand is owned and operated by NickiFit, LLC. NickiFit on Demand is an online subscription-based fitness and diet forum located at www.NickiFit.com.

In this agreement term "NickiFit, LLC" also applies to NickiFit on Demand.

The TOU addressed here governs the use of any of the web sites, applications, mobile applications, links, or services offered collectively by NickiFit.com or individually by NickiFit on Demand and/or NickiFit, LLC.

There may be times when NickiFit invites a Third Party to offer services on NickiFit on Demand and that Third Party is governed by the TOU expressed herein. If you rely on any information provided by this Site, NickiFit employees, guests or visitors, you do so solely at your own risk.

BY REGISTERING AS, A MEMBER ON NICKIFIT ON DEMAND OR BY USING NICKIFIT ON DEMAND SERVICES IN ANYWAY YOU ACCEPT THE TERMS OF USE EXPRESSED HEREIN.

Every time you access or use the Sites or Services, you agree to be bound by these TOU. If you do not agree to be bound by all of the TOU’s, you must not access or use the Sites or Services offered by NickiFit on Demand or NickiFit. Please Note, certain areas of NickiFit on Demand or NickiFit Site may be subject to additional terms of use that are available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas.

General Disclaimer: NickiFit on Demand is available to you on an "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE THE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. NICKIFIT, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NICKIFIT, LLC DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NICKIFIT, LLC DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK. YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED ON THIS SITE YOU DO SO AT YOUR OWN RISK.

You must provide your own access to NickiFit on Demand, e.g., internet service, mobile device, tablet, desktop computer, laptop. NickiFit on Demand does not guarantee that all content available through NickiFit on Demand will be available on all electronic devices.

NickiFit on Demand does not Guarantee:

• NickiFit's fitness program is suitable or safe for you or your particulars needs (Please Consult with a Physician Before Starting any Exercise Program).

• NickiFit on Demand will meet your personal needs.

• NickiFit on Demand will be available in your geographic location.

• NickiFit on Demand and its services will be uninterrupted.

• NickiFit on Demand and its Services are not responsible for lost or destroyed data on your computer, laptop, desktop or mobile device.

• The Meal Plans are suitable for you. Food allergies and special dietary needs are your responsibility.

NICKIFIT, LLC RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT ON NICKIFIT ON DEMAND ANY TIME AND WITHOUT NOTICE. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.

Health Warning & Liability Disclaimer:

NickiFit offers health, fitness, and nutrition information designed for informational purposes only. NickiFit on Demand is NOT a site designed to render professional advice or services to an individual member or user of the forum or a group of members. In no way, is this site to be used as a substitute or replacement for PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. All matters concerning your health require medical supervision.

IF YOU HAVE CONCERNS OR QUESTIONS ABOUT YOUR HEALTH YOU SHOULD CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL.
NICKIFIT, INC TAKES HEALTH AND WELLNESS VERY SERIOUSLY; NOTHING POSTED OR STATED ON THE SITES OR AVAILABLE THROUGH THE SITES IS TO BE REGARDED AS A REPLACEMENT FOR THE PRACTICE OF MEDICINE OR COUNSELING CARE. PLEASE UNDERSTAND THAT YOUR ACCESS TO NICKIFIT ON DEMAND DOES NOT CREAT A PATIENT/PHYSICIAN RELATIONSHIP.
YOUR PARTICIPATION IN ANY PART OF NICKIFIT ON DEMAND OR "SITES" IS SOLEY AT YOUR OWN RISK.

NickiFit shall not be liable or responsible for any loss or damage allegedly arising from any information or suggestions expressed on NickiFit on Demand or NickiFit or any applications associated with. It is your responsibility to seek medical advice from a practitioner before begging any exercise program, diet change or healthy living modifications. Not all exercise programs are suitable for everyone. To reduce the risk of injury, consult your doctor before beginning this exercise program or any exercise program. NickiFit on Demand does not assume liability for injury or loss in connection with the information and instruction herein.

Age Restriction:

You must be 18 years old to sign up and use NickiFit on Demand. Parents and or Guardians : If your child is using NickiFit on Demand without your written permission and approved consent please contact us at ondemand@nickifit.com the account will be terminated. You are responsible for monitoring and supervising the use of your children's use of NickiFit on Demand.

Exercise & Fitness Warning:

A physician or a health and fitness expert should be consulted before beginning any of the exercises that are demonstrated within NickiFit on Demand.
The Producers, NickiFit, Inc., or any performers on NickiFit on Demand, are not liable for any injury, health impairment or accident befalling any member or user utilizing the techniques demonstrated. Please understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in any of the exercises or exercise programs provided within NickiFit on Demand, you do so at your OWN RISK. You are participating in the activities offered within NickiFit on Demand at your own discretion and you assume all risk of injury.

Meals:

The recipes available on NickiFit on Demand are to be followed exactly as written.
NickiFit, LLC is not responsible for your specific health or allergy needs that may require medical supervision. Any adverse reactions to recipes contained within NickiFit on Demand are not the responsibility of NickiFit, LLC or its Employees.

Member Sign -Up, User Passwords and Registration:

You are responsible for the safeguarding and maintaining the confidentiality of your Membership and for restricting access to your Computer so that others may not access any password protected area of NickiFit on Demand. You are not allowed to share your username in whole or in part. If you register with us, you agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree not to sell, transfer or assign your Membership or any Membership rights. You agree to notify us at ondemand@nickifit.com if you become aware of any breach of security or unauthorized use of your Membership. We reserve the right to terminate your account or otherwise deny you access to the Websites in our sole discretion for any or no reason without notice and without liability.
Access to NickiFit on Demand and the Website Content, is for your information, personal and non-commercial use only. When using NickiFit on Demand you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law.

License to Use NickiFit on Demand, Trademarks and Copyright

License to Use:
NickiFit, LLC grants you a limited, non-exclusive license to access and use NickiFit on Demand Services for your own personal, non-commercial purposes. This includes the right to view content available on NickiFit on Demand. This license is personal to you and may not be assigned or sub-licensed to anyone else.
You may view and print material displayed on this Site subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof.
You may not copy or otherwise use this Site or any portion hereof, except as expressly provided above. You may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof.
Use of data mining, robots and similar data gathering, and extraction tools is expressly prohibited. Links to the site are not allowed without written consent from NickiFit, LLC. Nothing contained in this Site shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of www.NickiFit.com or any third party. Any rights not expressly granted herein are reserved.

Community:

NickiFit on Demand provides a community message board for forum members only and it is provided as a tool to allow positive communication and encouragement between members, Nicki Jones and NickiFit Team.
NickiFit, LLC will terminate a members account immediately for Posting Socially Unacceptable Messages and/or Messages that contain the following.

1. Harassment, hateful, racially offensive, vulgar, pornographic language, or anything that would hurt a minor in any way.

2. Impersonating another Person, Business or Entity.

3. Advertising or promoting political parties. No Political Campaigning of any form is allowed.

4. Without written consent from NickiFit, LLC you are not allowed to distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters.

5. ANY TYPE OF MATERIAL that infringes on a trademark, copyright or intellectual or proprietary right of any party in which you do not have the right to make available, without the permission of the owner of the trademark or copyright.

6. Uploading personal information, videos or pictures of another person without that person’s permission.

7. Interfering or disrupting NickiFit Sites including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Sites.

8. Messages that lead to any criminal activity, criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

9. NickiFit, LLC may remove any member created posts or content at any time for any reason without providing notice to the member.

All forums, message boards and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums, message boards or interactive areas of this Web site.

Communications Between Members: You are responsible for any interaction with other members in NickiFit on Demand. NickiFit, LLC reserves the right to monitor disputes between you and any other member. NickiFit, LLC is not obligated to handle member disputes and will make that decision on a case-by-case basis.

NickiFit, LLC reserve the right at our sole discretion to remove, take down, destroy or delete any material and submissions at any time and for any reason, including, but not limited to material and submissions, that we deem inappropriate or which we believe might subject us to any liability.

NickiFit, LLC offers nutrition, health and fitness related educational information designed for non-commercial use. Information obtained through NickiFit "sites" is intended for your personal use only.

YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.NOTHING STATED OR POSTED ON THIS SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, NUTRITION CARE TREATMENT , INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
NICKIFIT, LLC IS ALWAYS UPDATING MATERIALS ADDED TO NICKIFIT ON DEMAND AND THEREFORE DEVELOPMENTS IN HEALTH AND FITNESS RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS.

Payment Terms:

You may cancel your subscription any time and you will have access to NickiFit on Demand through the end of your billing period.

You can change your billing method under “Your Account”. Go to Homepage - Go to the upper right side beside your photo and click the pink arrow - Select Your Account. Scroll down page to Billing and click - Change Billing Method.

To Cancel -Go to Homepage - Go to the upper right side, beside your photo and click the pink arrow - Select Your Account. Scroll down page to Billing and click - Want to cancel your subscription?

Monthly Subscriptions: Your credit card will be billed every month on the day you joined NickiFit on Demand or an applicable day depending on the month. For Example, if you joined January 31st, 2020 you will be billed February 29th, 2020. Monthly Subscriptions may be canceled at any time. Submit your cancellation before the next monthly billing period to avoid Monthly Subscription Fee. You will have access to NickiFit on Demand through the end of your current monthly billing period. We do not provide partial monthly refunds or credits.

Canceled Subscriptions: Your account will close at the end of your current billing period and any personal information that was stored in your account will be removed.

Insufficient Funds: NickiFit on Demand reserves the right to close your account if your billing method is declined.

Membership Cancellation:

You may cancel your membership at any time by emailing us at ondemand@nickifit.com or by calling 844-698-7829 and leave a message including your full name, return phone number, email address and date & time of your call.
We will send you an email confirming your cancellation and the date your account will be terminated. Cancellation will become effective at the end of the current billing period.
Your membership will be terminated at the end of the current billing period and your user account and all related files in your user account will be deactivated.
If you cancel your membership during a billing period you will not be entitled to a refunded for any portion of that billing period. NickiFit, LLC reserves the rights to collect any fees incurred before your cancellation takes effect.

Privacy Policy:

Your privacy is important to us. We do not share your personal information with other services, forums, organizations, or companies. If at any time we feel the need to share your stories or personal information we will only do so with your written consent.

Limitation of Liability:

NICKIFIT LLC NOR ITS LICENSORS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF NICKIFIT, LLC OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES.

SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY APPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.