Terms and Conditions

Last updated: August 8, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.

These Terms and Conditions govern the relationship between you and The Fittest Ever LLC and its affiliates (“The Fittest”) when you use the website thefittest.com, any of its subdomains, or purchase products shown or depicted on the website (“Products”). The terms “we”, “us” and “our” refer to The Fittest Ever LLC. The Fittest offers this website, including all information, tools, mobile applications, and electronic services available from this website (the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.  By using our Services you agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or any which may be available by hyperlink.

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

If you do not agree to these Terms and Conditions, your access to and use of the Services is not authorized.  These Terms and Conditions apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  Any new features or tools that are added to our Services will also be subject to these Terms and Conditions. You can review the most current version of these Terms and Conditions at any time on this web page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Services following the posting of any changes constitutes acceptance of those changes.

1. GENERAL TERMS AND CONDITIONS

  1. Your Representations. You represent that: (a) you are of legal age in your state or province of residence, or if not, you have obtained parental or guardian consent to allow you to use this website; (b) you are providing us with valid payment information which you are authorized to use; and (c) authorize us to make any and all such charges to the valid payment information for the price of the Products you order, together with any taxes, fees, or shipping charges.
  2. Privacy and Security. We are committed to protecting the privacy and security of personal information that you submit on this website.  See our Privacy Policy for further information.
  3. Intellectual Property. Certain trademarks, trade names, service marks and logos used or displayed on this website are registered or unregistered trademarks, trade names and service marks of The Fittest. Other trademarks, trade names and service marks used or displayed on this website are the registered or unregistered trademarks, trade names and service marks of third parties and are used by The Fittest with the permission of such owners. You are prohibited from using any trademarks, trade names, service marks or logos displayed on this website without the written permission of The Fittest or such other owner.  None of the material on this website may be copied, reproduced, duplicated, republished, sold, posted, distributed, or otherwise exploited in any way.
  4. Use of this Website. You acknowledge and agree that is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. This website and all software, designs, text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from this website (“Web Content”) are protected by copyright, trademark and all other applicable laws and may not be used except as permitted in these Terms and Conditions. You agree not to modify the Web Content in any way or reproduce or publicly display, distribute or otherwise use any of the Web Content for any public or commercial purpose. You agree to access and use this website only for personal and non-commercial purposes and only in accordance with applicable law.  The Fittest hereby grants you a limited, nonexclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from The Fittest, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to The Fittest.
  5. Marketing Consent. When contacting The Fittest or creating an Account through the Website, you are agreeing to receive unsolicited email communications from The Fittest and other third-parties. Marketing email notifications from The Fittest contain an unsubscribe feature that allows you to “opt out” from future notifications.  Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User information will be used consistent with the Privacy Policy. The Fittest does not endorse you or discriminate based upon any information provided by you or made available through the Website.
  6. Third Party Links. This website may contain links to other websites that are not owned, operated or controlled by The Fittest or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. We are not responsible for any content, materials or other information located on or accessible from any other website. The Fittest does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.  Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction with a third party. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
  7. Linking to this Website. You agree not to link, run or display this website or any information or material displayed on this website in frames or through similar means on another website without our prior written permission.
  8. Prohibited Materials. You agree not to post any product reviews, comments, and other content on this website that is (a) illegal, threatening, defamatory, libelous, obscene, pornographic, invades privacy, infringes on intellectual property rights, or is otherwise harmful to The Fittest or any third party, (b) contains software viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, or (c) infringes on or violates the rights of any person, including copyright, trademark, patent, privacy or publicity rights. 
  9. Prohibited Uses. You agree not to use this website (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (e) to submit false or misleading information; (vi) to collect or track the personal information of others, (f) to spam, phish, pharm, pretext, spider, crawl, or scrape; (g) for any obscene or immoral purpose, or (h) to interfere with or circumvent the security features of this website or any related website.  Each of the foregoing is a “Prohibited Use.”
  10. User Content. Our use of your personally identifiable information is governed by our Privacy Policy. Any other material or information (including videos, pictures, suggestions, ideas, concepts, techniques, questions, comments, reviews or other communications) ("User Content") that you send or post to this website or publish through any social media account (e.g., Twitter, Instagram, Pinterest, Facebook) to The Fittest is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this website or on social media that is viewable by the public (e.g., in the Customer Reviews section) is not subject to our Privacy Policy and is considered User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose as part of any User Content you submit. We may, but we are not required to, monitor or review any User Content. We are not responsible for and will have no liability related to any User Content submitted by you or any third party, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We reserve the right to remove any or all User Content that we deem inappropriate or unacceptable. By submitting or otherwise providing any User Content, you grant The Fittest, without any compensation to you, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications, and display such User Content throughout the world in any media for all purposes, including in advertising and promotions.  You further grant us the right to use the name you submit in connection with such User Content.  You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.
  11. Products, Content and Specifications. All features, content, specifications, Products and prices of Products described or depicted on this website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.  We make all reasonable efforts to display as accurately as possible the colors and images of our Products that appear on this website. We cannot guarantee that your computer monitor's display of any color will be accurate.
  12. Medical Advice Disclaimer.  Information on this website is provided for informational purposes only and is not meant to be a substitute for the advice of your physician or other healthcare provider.  We are not responsible for your actions or decisions taken in reliance on the information on this website.  Our Products are not prescription medications and should not be used as a substitute for medically supervised treatment.  You should consult with a licensed healthcare professional before beginning any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our Products or relying on any information you obtain on the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.

We make no representations or warranties (and hereby disclaim any representations or warranties) that any Product will diagnose, treat, cure, or prevent any disease, or contribute in any way to any particular desired result regarding your weight, health, diet goals, or increased muscle mass.

THE STATEMENTS AND PRODUCTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

  1. Accuracy of Information. We make reasonable efforts to ensure that information on this website is accurate and complete but we make no representations or warranties as to the accuracy or completeness of information on this website. Information on this website may occasionally be inaccurate, incomplete or out of date. Products shown on this website may be out of stock, discontinued or otherwise unavailable, may have different attributes than those listed, or may carry a different price than what is listed on this website. We may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product and to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
  2. Third-Party Products. This website may include or contain links to products that are sold by third parties, and we rely on those sellers to provide descriptions of their own products. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to us for a refund in conformance with our Return Policy. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you of the correct price before shipping the product and you will have the right to either cancel your order or place the order at the correct price.
  3. Beta Services. The Fittest may, from time to time, offer access to the Website that is classified as a Beta version.  The Fittest makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version of the Website, in whole or in part, at any time without notice.  Beta versions of the Website are provided AS IS, and may contain bugs, errors, or other defects.  Your use of a Beta version is at your sole risk.
  4. Billing and Payment. You agree to provide current, complete and accurate purchase and account information for all purchases made on this website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  When you provide bank card information, account numbers or other information necessary to facilitate payment to us, you represent to us that you are the authorized user of the bank card that is used to pay for the Products.  If legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover amounts due, including attorneys' fees and other legal expenses.
  5. Payment Services. When making a purchase on the Website, payments may be processed through a third-party payment processor, Shopify. By utilizing Shopify you are agreeing to their separate Terms of Service found here. The Fittest reserves the right to change the third-party payment processor without notice.


The Fittest reserves the right to charge and/or change the service fee at any time, subject to applicable law.  Users agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website and purchases made therefrom.  You understand and agree that The Fittest will not be held liable for any failure to complete a transaction entered into through the Website. If you purchase a monthly (or other periodic) membership, you agree and acknowledge that your subscription has an initial and recurring payment charge each month on the date of your subscription at the then-current subscription rate, and you accept responsibility for all recurring charges prior to cancellation.

Services and Products may be purchased from the Website. The Fittest accepts credit and debit cards issued by United States banking institutions. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you provided. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. 

You represent and warrant that if you are making online payments that: (a) any credit card debit card or bank account information you supply is true, correct and complete; (b) charges incurred by you will be honored by your credit card The Fittest, debit card The Fittest or bank; (c) you will pay the charges incurred by you in the amounts posted, including taxes; and (d) you are the person to whom the credit card, debit card or bank account belongs to. 

  1. Your Account.  You may be required to register for an account with us to use certain features on this website. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features of this website. If you elect to take advantage of such features, you must register by completing the applicable registration form to create your account with a unique username and password.  If you choose to create an account on this website, you agree to: (a) provide true, accurate, current and complete information about yourself ("Account Data") as requested on the registration or subscription page, and (b) maintain and promptly update the Account Data to keep it up to date, accurate, and complete. The Fittest reserves the right to restrict access to, monitor, suspend, or terminate, Users’ Account and associated information at any time, in its sole discretion, and without prior warning.  You are solely responsible for (i) the security and confidentiality of your password and account, and (ii) any and all activities that occur and orders placed under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.


Registered Users may cancel their Account from within your Account settings.  If a Registered Users cancels their Account, The Fittest is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data.  The Fittest is under no obligation to provide you with the data associated with your Website use and/or Account, except as otherwise provided in the Privacy Policy.  The Fittest recommends that you maintain your own backup of information submitted to the Website.

  1. Shipping and Returns. Orders that you place will be shipped to the address designated by you as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. You understand and agree that risk of loss and title for Products that you purchase from us will pass to you upon delivery of the items to the carrier. The Fittest shall not be liable for any damages as a result of any delay or failure to deliver due to any cause beyond The Fittest’s control, including without limitation, any act of God, act of User, embargo or other government act, regulation or request, fire, accident, strike, slowdown, war, riot, act of terrorism, delay in terrorism, or delays by The Fittest’s suppliers. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a Product purchased from us in accordance with our Return Policy. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under applicable law.
  2. Software.  In the event that we offer downloads of software as part of the Services and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non-commercial use only. Your use of the Software may be governed by additional terms, which may be included with the Software. Please carefully read any additional terms to determine the full extent of conditions governing the use of such Software. We do not transfer title to the Software to you. You may not copy, reproduce, distribute, or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Note that if you install certain applications that may be available via the Services, you consent to the download of Software to your Internet Device and accept these Terms and Conditions and any additional terms related to such application.
  3. Disclaimer of Warranties.  YOUR USE OF THIS WEBSITE, SOFTWARE AND OTHER SERVICES IS AT YOUR RISK. THE SOFTWARE, INFORMATION, MATERIALS AND PRODUCTS PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE WILL BE VIRUS-FREE OR OTHERWISE FREE OF HARMFUL COMPONENTS.  IF YOU DOWNLOAD ANY SOFTWARE OR INFORMATION FROM THE SERVICES, YOU DO SO AT YOUR OWN RISK AND YOU WLL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NEITHER COMPANY NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE. The foregoing exclusions of implied warranties do not apply to the extend prohibited by applicable law.


ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, OR IMPROPER PRODUCT SELECTION. The foregoing exclusions of implied warranties do not apply to the extend prohibited by applicable law.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE WEBSITE.

  1. No Assignment. You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. The Fittest may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
  2. Mobile Use. The Website is fully accessible via a mobile device.  To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply.  The Fittest is not responsible for any fees or errors that occur while accessing the Website via mobile device. 
  3. Copyright Policy. The Fittest’s website, content, and services (“Website”) are © 2024 The Fittest Ever LLC. The Fittest respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of The Fittest and are protected by copyright and other intellectual property laws.


By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

  1. Limitation of Liability.  To the maximum extent permitted by applicable law, you agree that in no event will The Fittest, its directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Products that you buy using the Services, or for any other claim related in any way to your use of the Services or any Product. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such states or jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.


BY AGREEING TO THESE TERMS OF USE, YOU AGREE THAT FOR ANY CLAIM YOU MAY HAVE FOR BREACH OF ANY WARRANTY, REPRESENTATION, OR PROMISE CONTAINED IN THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF THE PURCHASE PRICE OF THE PRODUCT AFTER YOU HAVE RETURNED THE UNUSED PORTION OF THE PRODUCT TO US BY THE METHOD DESCRIBED IF CLAIM IS MADE.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MUST INVOKE THE DISPUTE RESOLUTION PROCESS AND FILE ANY CLAIM RELATED TO THE USE OF THE SERVICES OR PRODUCTS OBTAINED VIA USE OF THE SERVICES OR THESE TERMS AND CONDITIONS WITHIN ONE YEAR AFTER SUCH CLAIM OR ACTION ACCRUED OR YOU WILL WAIVE ANY SUCH CLAIM OR ACTION.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. Indemnity. You agree to INDEMNIFY, DEFEND and HOLD HARMLESS The Fittest and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, agents, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, (a) made by any third party due to or arising out of your use of this website, your connection to this website, your violation of these Terms and Conditions, or your violation of any law or any rights of any third party. This indemnity survives termination of these Terms and Conditions, or (b) arising from or in any way related to your violation of these Terms and Conditions.
  2. Miscellaneous; Severability: Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.
  3. Entire Agreement.  These Terms and Conditions, and any policies or operating rules referenced herein, constitute the entire agreement and understanding between you and us and govern your use of the Services and purchase of Products, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms and Conditions).
  4. Termination.  You or we may suspend or terminate your account or your use of this website and related Services at any time, for any reason or for no reason. You will remain responsible for payment for any orders placed or charges incurred through your account prior to termination. We reserve the right to change these Terms and Conditions, and to change, suspend, or discontinue all or any aspect of this website and related Services at any time without notice to you except as expressly provided herein.
  5. Governing Law; Venue.  These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas and applicable federal laws, without regard to its conflicts of laws rules. Exclusive venue for any action arising under these Terms and Conditions, or with regard to any Product or Service, that is not subject to the mandatory Arbitration provisions hereof will lie in the state or federal courts in and for Montgomery County, Texas, and you consent to the exclusive jurisdiction of such courts.  The right to a trial by jury in any such action is waived by us and by you.
  6. Changes to Terms and Conditions.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. These Terms and Conditions can only be modified by The Fittest. No video, electronic communication, podcast, or other messaging by any person from any source whatsoever concerning the Products or Services is binding upon or endorsed by The Fittest.
  7. Contact Information.  Questions about the Terms and Conditions should be sent to us by email to: dominate@thefittest.com. 

2. DISPUTE RESOLUTION PROCEDURES

THIS SECTION GOVERNS YOUR RIGHTS IN THE EVENT OF ANY DISPUTE ARISING BETWEEN YOU AND COMPANY.  PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.

We will make every reasonable effort to informally resolve any complaints, disputes or disagreements that you may have with us.  If those efforts fail, you agree to the following Dispute Resolution Procedures.  

  1. Mandatory Binding Arbitration; No Class Action.  If you have a dispute or disagreement with us or any third-party service provider acting on our behalf, YOU AGREE THAT YOU WILL NOT HAVE THE RIGHT TO PURSUE A CLAIM IN COURT, YOU WILL NOT HAVE THE RIGHT TO A TRIAL BY JURY AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. BY USING OR INTERACTING WITH OUR WEBSITE OR PURCHASING ANY OF OUR PRODUCTS, YOU AGREE TO BINDING ARBITRATION AS PROVIDED BELOW.  This agreement to arbitrate includes disputes arising out of or in any way related to (a) your use of with this website or any other Service, (b) any purchases of Products or other transactions or relationships with The Fittest or its affiliates, (c) any data or information you provide to us or that we may gather in connection with such use, interaction or transaction, (d) federal or state statutory or common law claims, (e) these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate. YOU EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION BROUGHT BY YOU AGAINST COMPANY AND EXPRESSLY WAIVE ANY RIGHT TO BRING ANY ACTION AGAISNT COMPANY IN WHICH YOU ARE A MEMBER OF A COLLECTIVE ACTION OR CLASS.
  2. Notice of Dispute.  Before taking any action on any claim or dispute, you agree give us written notice of your claim (a “Dispute Notice”) by email to: dominate@thefittest.com.  You agree to allow The Fittest thirty (30) days following receipt of your Dispute Notice within which to resolve the dispute before you take any legal action or file a claim with any agency or tribunal.
  3. Mediation.  If we do not resolve the claim or dispute to your satisfaction within thirty (30) days following receipt of your Dispute Notice, you agree to participate in mediation with us, which will be held in Montgomery County, Texas, or another agreed upon location or by an appropriate virtual platform.  The mediation will be conducted by a mediator identified on the Vetted National Roster of Mediators proffered by the American Arbitration Association (“AAA”) or other mutually acceptable mediator. If the parties are not able to agree upon a mediator, the parties shall ask the AAA to appoint one.
  4. Venue.  You agree that the exclusive venue for any dispute or claim arising out of or related to your use of the Services or purchase of any product will lie in the state or federal courts in and for Montgomery County, Texas.
  5. Governing Law.  You agree any dispute our claim arising out of or related to your use of the Services or purchase of any product shall be governed by the laws of the State of Texas, without regard to its conflict of laws rules.
  6. Binding Arbitration.  If a claim or dispute is not resolved during meditation, you and The Fittest agree that the claim or dispute will be resolved exclusively by final and binding arbitration ("Arbitration") conducted in accordance with the AAA Consumer Arbitration Rules (“Applicable Rules”).  You and The Fittest further agree as follows:

    1. Single Arbitrator. The Arbitration will be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and The Fittest (the "Arbitrator"). 
    2. Rules. The AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court except as otherwise provided in these Terms and Conditions. 
    3. Arbitrator To Interpret This Agreement. The Arbitrator will have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms and Conditions is void or unenforceable.
    4. Location of Arbitration. The Arbitration will be held either: (a) at a location determined by AAA pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (b) at such other location as may be mutually agreed upon by you and The Fittest; or (c) if the only claims in the Arbitration are asserted by you and are for less than $10,000 in the aggregate, you may elect to have the Arbitration held by telephone, video conference or by written submission.
    5. No Class Relief. The Arbitration can resolve only your and/or The Fittest' individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
    6. Confidentiality.  Except as may be required by law, neither a party nor the Arbitrator shall disclose the existence, content, or results of any Arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
    7. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
    8. Attorneys’ Fees. If you recover an Award that is greater than the last written settlement offer made by The Fittest, the Arbitrator will have the right to include in the Award your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration.  The Fittest will in all events bear its own attorneys' fees.
  7. Small Claims Exclusion. Notwithstanding the foregoing mandatory Arbitration provisions, you may bring any claim you have against The Fittest in a small claims court with jurisdiction that is located within the United States if (a) your claim is within such court's jurisdictional limit, and (b) such court does not have the authority to entertain claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
  8. Injunctive Relief. The requirement for mandatory Arbitration does not apply to any claim or dispute that arises out of or is related to any Prohibited Use by you as defined in this Agreement or as relates to injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

‍
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge. 

3. ADDITIONAL SMS/MMS MOBILE MESSAGING PROGRAM TERMS AND CONDITIONS

  1. Program.  The Fittest is offering a mobile messaging program (the “Program”), which it considers to be part of the Services.   By opting into or participating in the Program, you accept and agree to be bound by the Terms and Conditions set forth above and these Additional SMS/MMS Mobile Messaging Program Terms and Conditions (“Messaging Terms”).  Your participation in the Program is also subject to our Privacy Policy.  
  2. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms and Conditions apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
  3. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Messaging Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that The Fittest and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of The Fittest' products & health guiding service. Messages may include checkout reminders.
  5. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
  6. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [ APPROPRIATE EMAIL]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  7. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  8. Our Disclaimer of Warranty: The Program is offered on an “as-is” basis, may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.
  9. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  10. Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have the permission of your parent or legal guardian. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have the permission of your parent or legal guardian to use or engage with the Program or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by applicable laws of your jurisdiction to use and/or engage with the Program.
  11. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: (a) any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity, (b) objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age, (c) pirated computer programs, viruses, worms, Trojan horses, or other harmful code, (d) any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received, (e) any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act), and (f) any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.
  12. Dispute Resolution: Your use of the Program is governed by the Dispute Resolution provisions of these Terms and Conditions. 
  13. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a  “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

‍
Changes to Program or Terms. Any new features, changes, updates, or improvements of the Program will be subject to these Terms and Conditions unless explicitly stated otherwise in writing. We reserve the right to change these Terms and Conditions from time to time. Any updates to these Messaging Terms be communicated to you. You acknowledge your responsibility to review these Messaging Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms and Conditions, as modified.