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TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (the “Terms”) are made by and between you and fitlinda,
LLC (“fitlinda”) and govern your use of the fitlinda website found at www.fitlinda.com (the
“Website”). The Website and related services are provided subject to your compliance with these
Terms. Please read the following information carefully: Your continued use of the Website
indicates your agreement to be bound by these Terms. By accessing, visiting, browsing, using, or
attempting to interact with any part of the Website, including any services available through the
Website, you agree that you have read, understand, and agree to be bound by these Terms. If you
do not agree to be bound by these Terms, do not access or use any part of this Website.

Not Medical Advice. The Website’s content and information is provided for general
informational purposes only and is not medical advice. Nothing in the Website should be
interpreted as a recommendation for a specific treatment plan, meal plan, product, course of
action, or medical or healthcare provider. Although fitlinda strives to provide accurate and
current information, fitlinda makes no guarantees whatsoever as to the correctness or accuracy of
the content on this Website. Fitlinda does not endorse any medical or professional service
obtained through information provided on this Website or any links to this Website. Use of this
Website does not replace medical consultations with a qualified health or medical professional to
meet an individual’s health and medical needs. Please see a physician or health professional if
you have concerns.
No Guarantees. The Website is intended to support and assist you in reaching your own goals,
but your success depends primarily on your own effort, commitment and follow-through. We
cannot and do not guarantee that you will attain a particular result, and you accept and
understand that results differ for each individual. Your results may vary, and will be based on
many variables, including but not limited to, your physical body, body chemistry, daily demands,
energy expenditure, state of life, individual capacity, life experience, unique health and generic
profile, starting point, range of motion, expertise, and level of commitment.

Restrictions on Use. The Website is for your personal and non-commercial use only. You may
not use this Website for any other purpose, including any commercial purpose, without fitlinda’s
express prior written consent. Any rights not expressly granted by these Terms are reserved by
fitlinda. You may not use the Website in any manner that could disable, overburden, damage, or
impair the Website or interfere with any other party’s use and enjoyment of the Website. Further,
you may not obtain or attempt to obtain any materials, content, or information through any
means not intentionally made available or provided for through the Website. As a condition of
your use of the Website, you warrant to fitlinda that you will not use the Website for any purpose
that is unlawful or prohibited by these Terms.
Links or Pointers to Other Sites. This Website may contain links to other websites that are not
operated or maintained by fitlinda, and such links are accessed at the user’s own risk. Fitlinda
does not endorse or accept any responsibility for the content or performance of such websites or
your transactions with them, and fitlinda makes no representations or warranties whatsoever
about the content, completeness, safety, or accuracy of any other website you may access though
this Website.
Disclaimer. Fitlinda assumes no responsibility and disclaims all liability for how you use the
information provided through this Website and any decision made or action taken in reliance
upon the materials or content of the Website. You exercise your own judgment when using any
information on the Website or any site or service linked to this Website. Your use of the Website
is at your own risk, and you assume total responsibility and risk for your use of this Website, any
website-related services, and linked websites. THE CONTENT OF THIS WEBSITE IS
PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FITLINDA
DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT RELATED TO THE WEBSITE AND ITS CONTENT. FITLINDA
MAKES NO WARRANTIES THAT USE OF THE CONTENT ON THIS WEBSITE WILL
NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. FURTHER,
FITLINDA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED
IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU,
AND NOT FITLINDA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING
FROM THE USE OF THIS WEBSITE, ITS CONTENT, AND LINKS. FITLINDA DOES NOT
ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET AND
DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR
DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS,
TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR
DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING
SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR
REQUIREMENTS FOR ACCURACY AND SAFETY OF DATA INPUT AND OUTPUT AND
FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY
RECONSTRUCTION OF LOST DATA.
Limitation of Liability; Release. Fitlinda, its affiliates, licensors, service providers, content
providers, members, owners, employees, agents, officers, directors, and managers shall not be
liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or
other damages, including loss of revenue or income, pain and suffering, emotional distress, or
similar damages, arising out of or relating in any way to the Website, any Website-related
services, content or information contained within the Website, and/or any hyperlinked websites,
even if fitlinda has been advised of the possibility of such damages. You hereby release and
forever waive any and all claims you may have against fitlinda, its affiliates, licensors, service
providers, content providers, members, owners, employees, agents, officers, directors, and
managers (including but not limited to claims based upon the negligence of fitlinda, its affiliates,
licensors, service providers, content providers, members, owners, employees, agents, officers,
directors, and managers) for losses or damages you sustain in connection with your use of this
Website and any links from such Website. Neither fitlinda, nor any of its affiliates, directors,
members, owners, officers, managers or employees, nor any third party vendor will be liable or
have any responsibility of any kind for any loss or damage that you incur in the event of any
failure or interruption of the Website, or resulting from the act or omission of any other party
involved in making the Website or the data contained therein available to you, or from any other
cause relating to your access to or your inability to access the Website, whether or not the
circumstances giving rise to such cause may have been within the control of fitlinda or of any
vendor providing software or services support.

Indemnity. You agree to indemnify and hold fitlinda, its affiliates, licensors, content providers,
service providers, members, owners, employees, agents, officers, directors, managers, and
contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages
and costs, including reasonable attorney’s fees, arising as a result of (a) any breach of these
Terms by you, including any use of the Website’s content other than as expressly authorized in
these Terms; and (b) any activity related to any account you create, including any negligent or
wrongful conduct by you or any other person accessing your account. You agree that the
Indemnified Parties will have no liability in connection with any such breach or unauthorized
use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also
indemnify and hold the Indemnified Parties harmless from and against any claims brought by
third parties arising out of your use of any information accessed from this Website.

Third Party Rights. Certain provisions of these Terms are for the benefit of fitlinda’s officers,
directors, employees, managers, members, owners, agents, licensors, suppliers, and information
providers. Each of these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its/his/her own behalf.

Proprietary Information. All pages and content within this Website (the “Content”) are the
property of fitlinda, LLC, Copyright © 2015. All rights reserved. The Content is the proprietary
information of fitlinda or the party that provided or licensed the Content to fitlinda, whereby
such providing party retains all right, title, and interest in the Content. The Content may not be
copied, distributed, republished, uploaded, posted, modified, displayed, licensed, used to create
derivative works, transmitted, or sold in any way, in whole or in part, without the prior written
consent of an authorized representative of fitlinda, except that you may print a copy of the
Content solely for your personal use. In doing so, you may not remove or alter, or cause to be
removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the Content. Trademarks, service marks, and logos
appearing in this Website are the property of fitlinda or the party that provided the trademarks,
services marks, and logos to fitlinda, and fitlinda and any party that provided trademarks, service
marks, and logos to fitlinda retain all rights with respect to any of their respective trademarks,
service marks, and logos appearing in this Website.

Links to Our Site. Third-party links to the Website do not necessarily reflect any official
association or relationship with such third party.

Termination of Access. Fitlinda reserves the right, in its sole discretion, to terminate your
access to the Website and the related services or any portion thereof at any time, without notice.
Choice of Law and Venue. These Terms are entered into in the Commonwealth of Pennsylvania
and shall be governed by and construed in accordance with the laws of the Commonwealth of
Pennsylvania, exclusive of conflict of law principles. Each party to these Terms submits to the
exclusive jurisdiction of the state and federal courts sitting in Philadelphia County in the
Commonwealth of Pennsylvania, and waives any jurisdictional, venue, or inconvenient forum
objections to such courts. You specifically consent to personal jurisdiction in Pennsylvania in
connection with any dispute between you and fitlinda arising out of these Terms or pertaining to
the subject matter hereof. In any action to enforce these Terms, the prevailing party will be
entitled to reasonable costs and attorney fees.

Entire Agreement. These Terms constitute the entire agreement between fitlinda and you
pertaining to the subject matter of these Terms and supersede all prior or contemporaneous
communications and proposals, whether electronic, oral or written between you and fitlinda with
respect to the Website. Notwithstanding the foregoing, any additional terms and conditions on
this Website will govern the items to which they pertain.

Modifications. Fitlinda reserves the right, from time to time, with or without notice to you, to
make changes to these Terms in fitlinda’s sole discretion. Such changes shall be effective
immediately after posting the modified Terms. You agree to review these Terms periodically to
ensure that you are aware of any modifications. Continued use of any part of this Website
constitutes your acceptance of such changes. The most current version of these Terms, which
supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” menu item
on the Website.

Hard Copy. A printed version of these Terms and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to these Terms to the
same extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Waiver; Assignment. Fitlinda’s failure to insist upon or enforce strict performance of any
provision of these Terms shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to modify any provision of
these Terms. Fitlinda may assign its rights and duties under these Terms to any party at any time
without notice to you.

Severability. If any part of these Terms is unlawful, void or unenforceable, that part will be
deemed severable and will not affect the validity and enforceability of any remaining provisions.
Your Representations. You represent and warrant that you are at least eighteen (18) years of
age and that you possess the legal right and ability to enter into these Terms and to use the
Website in accordance with these Terms.

Effective Date: October 2017