Terms of Service

Terms of Service:

The following terms and conditions govern all use of the FitTravelersHaveMoreFun.com website, GreatOver40Travel.com website, and other associated websites (“the Websites”) and the content, services, and products found on or through the Websites, including but not limited to, the 4 Week Travel Tune-Up and Travel Oomph Pack. The aforementioned websites and associated products and services are owned and operated by Fit Travelers Have More Fun (“FTHMF”). These websites, products, and services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FTHMF Privacy Policy) and procedures that may be published from time to time on this Site by FTHMF (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Websites, products, or services. By accessing or using any part of the web site, products, or services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any services. If these terms and conditions are considered an offer by FTHMF, acceptance is expressly limited to these terms. The Websites are available only to individuals who are at least 13 years old.

  1. Medical Liability. There are risks associated with exercising and changing eating behaviors. FTHMF and its associated Websites, programs, and services are NOT medically supervised programs, nor are they intended to be construed as offering any medical advice. If you have any concerns about beginning a walking or other exercise program or changing your eating, have any medical conditions that could increase your risk while exercising or changing your diet, or haven’t been active recently, it is your responsibility to consult with a medical professional. In addition, if you are planning on adding more vigorous activities including but not limited to  strength training, stairs, or high-intensity activities to your trip preparations, it is your responsibility to consult with a medical professional prior to doing so. FTHMF was created to encourage vacationers to work towards a basic level of fitness through walking. Add-ons to a basic walking program may be included at the participant’s discretion and may include strength training, biking, swimming, stair walking, jumping rope, yoga, or stretching. All participants accept responsibility for clearing the elements of the 4 week Travel Tune-Up or other programs associated with FTHMF that they choose to adopt with a medical professional prior to commencing any exercise or increased activity and accept full responsibility for participation in an exercise and eating program. FTHMF will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Payment and Renewal. Paid services such as the 4 Week Travel Tune-Up (live and online versions), and private VIP Coaching  are available on the Websites. By selecting these services and products you agree to pay FTHMF the fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a product or service and will cover the use of that product or service for the time indicated. Refer also to Refunds and Terminations below.
  3. Responsibility of Website Visitors. FTHMF has not reviewed, and cannot review, all of the material, including computer software, comments etc posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Although counter to the intention and purpose of the Websites, it is possible that items may be posted to the Websites which may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FTHMF disclaims any responsibility for any harm resulting from the use by visitors of the Websites, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our sites link. FTHMF does not have any control over those other websites and webpages, and is not responsible for their contents or their use. By linking to other websites or webpages, FTHMF  does not represent or imply that it endorses such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FTHMF disclaims any responsibility for any harm resulting from your use of other, linked websites and webpages.
  5. Copyright Infringement and DMCA Policy. As FTHMF asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FTHMF and its affiliated websites violates your copyright, you are encouraged to notify FTHMF via support@fittravelershavemorefun.com.  FTHMF will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FTHMF will terminate a visitor’s access to and use of the Websites if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FTHMF or others. In the case of such termination, FTHMF will have no obligation to provide a refund of any amounts previously paid to FTHMF.
  6. Intellectual Property. This Agreement does not transfer from FTHMF to you any FTHMF or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FTHMF. FTHMF, and all other trademarks, service marks, graphics and logos used in connection with FTHMF and its affiliated websites are trademarks or registered trademarks of FTHMF or FTHMF’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any FTHMF or third-party trademarks.
  7. Changes. FTHMF reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. FTHMF may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 
  8. Refund and Termination. FTHMF offers a 6 day no questions asked money-back guarantee for the live 4 Week Travel Tune-Up.  We want you to experience the benefits of our program risk-free. You can submit your request for a refund of the 4 Week Travel Tune-Up to support@fittravelershavemorefun.com. On the 7th day and thereafter, you will no longer be able to request a refund of the live 4 Week Travel Tune-Up. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 
  9. Disclaimer of Warranties. The Websites are provided “as is”. FTHMF and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FTHMF nor its suppliers and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.
  10. Limitation of Liability. In no event will FTHMF, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FTHMF under this agreement during the twelve (12) month period prior to the cause of action. FTHMF shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty. You represent and warrant that (i) your use of the Websites will be in strict accordance with the Automattic Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification. You agree to indemnify and hold harmless FTHMF, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, services, and products, including but not limited to your violation of this Agreement.
  13. Miscellaneous. This Agreement constitutes the entire agreement between FTHMF and you concerning the subject matter hereof, and they may only be modified by the posting by FTHMF of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver County, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Denver, Colorado in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FTHMF may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.