1. Acceptance of Terms
By using Fit Battalion LLC’s services, you signify your agreement to these terms. If you do not agree to these terms, you must not use our services.
2. User Conduct
You agree not to post, upload, or distribute content that is sexually explicit, illegal, harmful, or involves illegal activities, especially concerning minors. Violations of this policy will result in immediate account termination and potential legal action.
3. Account Termination
Fit Battalion LLC reserves the right to suspend or terminate user accounts at its discretion without refunds, for reasons including, but not limited to, breaches of these Terms of Service or illegal activities.
4. Intellectual Property
Content on our platform is owned by or licensed to Fit Battalion LLC and is protected by copyright and intellectual property laws. By uploading content to our platform, you grant Fit Battalion LLC a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content for operating and promoting our services.
5. User-Uploaded Content
- Responsibility for Content: You are solely responsible for the content you upload to our platform. By uploading content, you affirm that you have all necessary rights, licenses, and permissions to do so, and that the content does not infringe upon or violate any intellectual property rights or other rights of third parties.
- No Monitoring: Fit Battalion LLC does not actively monitor user-uploaded content. However, we reserve the right to remove or disable access to any content that we believe, in our sole discretion, violates these Terms of Service or is otherwise objectionable.
- DMCA Compliance: Fit Battalion LLC complies with the Digital Millennium Copyright Act (DMCA). If you believe that any content on our platform infringes your copyright, please provide a written notice to our designated agent at 2722 Erie Ave STE 219 PMB 281791, Cincinnati, Ohio 45208, US. The notice should include:
- A description of the copyrighted work you believe has been infringed.
- A description of where the allegedly infringing material is located on our site.
- Your contact information (name, address, telephone number, and email address).
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
- Your physical signature.
- Counter-Notice: If you believe that content has been removed in error, you may file a counter-notice with our designated agent. The counter-notice should include:
- Your contact information.
- Identification of the material that was removed or disabled.
- A statement under penalty of perjury that you believe the material was removed or disabled as a result of a mistake or misidentification.
- Your physical signature.
- Repeat Infringer Policy: Fit Battalion LLC reserves the right to terminate accounts of users who are determined to be repeat infringers under our sole discretion, in accordance with the DMCA and applicable laws.
6. Disclaimers and Limitation of Liability
Fit Battalion LLC provides its services “as is” and disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Fit Battalion LLC is not liable for user-generated content or any indirect, incidental, or consequential damages arising from your use of our services.
7. Governing Law and Dispute Resolution
These terms are governed by the laws of the State of Ohio. Any disputes shall be resolved through binding arbitration in Ohio, except that you may assert claims in small claims court if your claims qualify.
8. Amendments
We may amend these Terms of Service at any time. Your continued use of our services following any changes constitutes acceptance of the new terms.
9. Contact Information
For inquiries or disputes, contact us at:
- Email: [email protected]
- Phone: (513) 201-8766
- Mailing Address: 2722 Erie Ave STE 219 PMB 281791, Cincinnati, Ohio 45208, US
10. Indemnification
You agree to indemnify, defend, and hold harmless Fit Battalion LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service or any activity related to your account (including negligent or wrongful conduct).
11. Dispute Resolution
We encourage users to contact us directly for dispute resolution. Any dispute related to your use of Fit Battalion LLC’s services will be resolved by binding arbitration in Ohio, except that you may assert claims in small claims court if your claims qualify.
12. No Waiver
The failure of Fit Battalion LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
13. Severability
If any provision of these Terms of Service is found to be invalid by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
14. Entire Agreement
These terms constitute the entire agreement between you and Fit Battalion LLC regarding the use of our services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Fit Battalion LLC.
15. User Data and Privacy
- Data Collection and Use: We collect and use your data as described in our Privacy Policy. By using our services, you consent to our data collection and use practices.
- Data Security: We implement reasonable measures to protect your data from unauthorized access and breaches, but we cannot guarantee absolute security.
- Third-Party Services: We may use third-party services that may access your data. Please review their privacy policies for more information.
16. Termination of Service
- Suspension and Termination: We reserve the right to suspend or terminate your account if you violate these Terms of Service, engage in illegal activities, or for any other reason deemed appropriate by us.
17. User Responsibilities
- Accuracy of Information: You agree to provide accurate and up-to-date information when using our services.
- Backup of Content: We recommend that you keep backups of your content. We are not responsible for any loss of content due to technical issues or other reasons.
18. Payment and Billing
- Subscription Fees: Our subscription fees are detailed on our website and are subject to change. All payments are non-refundable, except as required by law.
- Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel prior to the renewal date.
19. Changes to Service
- Modification of Services: We may change, suspend, or discontinue any aspect of our services at any time. We will provide notice of significant changes where feasible.
20. Community Guidelines
- Code of Conduct: Users must adhere to our Community Guidelines, which promote respectful and lawful behavior. Violations may result in content removal or account suspension.
21. Legal Notices
- Notices: All legal notices will be sent to the email address associated with your account or via other means as appropriate.
22. Copyright and Trademark Notices
- Ownership: All copyrights, trademarks, and other intellectual property rights related to Fit Battalion LLC and its services are owned by us or our licensors.
23. Feedback and Suggestions
- User Feedback: Any feedback or suggestions you provide may be used by us without compensation or acknowledgment. By submitting feedback, you grant us a perpetual, worldwide, royalty-free license to use and incorporate it.