TERMS & CONDITIONS

  1.  GENERAL TERMS

Welcome to the Websites of LIT Fitness Group, LLC (www.litmethod.com and ondemand.litmethod.com) (referred to as the “Websites” herein). By accessing these Websites, including for the purpose of purchasing the LIT Kit and the products provided with it through the Websites, you are agreeing to be bound by these Terms and Conditions of Use together with our and all applicable laws and regulations.

 

If you do not agree with any of these terms, you should not use or access these Websites, including for the purpose of purchasing the LIT Kit and the products provided with it through the Websites. The materials contained on the Websites are protected by applicable intellectual property laws.

 

  1.  INTELLECTUAL PROPERTY

LIT Fitness Group, LLC, Los Angeles, California. All rights reserved.

 

“LIT” and its logo are trademarks of LIT Fitness Group, LLC.

 

The LIT Kit and the products provided with it, as well as all content included on the Websites, are the property of LIT Fitness Group, LLC. All content is protected by United States and international copyright laws, including by the Berne Convention. The compilation of all content on this site is the exclusive property of LIT Fitness Group, LLC and protected by copyright laws. All software used on the Websites is the property of LIT Fitness Group, LLC.

 

If you believe any content or material herein infringes your copyright, you must give LIT Fitness Group, LLC notice under the Digital Millennium Copyright Act by contacting us at litkits@litmethod.com.

 

  1.  PERMITTED USE

The content accessed on the Websites is provided only for your personal use, general information and convenience. Such content cannot be shared and this right of use can be revoked at will by LIT Fitness Group, LLC. Information contained on the Websites can only be used, linked and shared according to allowed fair use doctrines.

 

  1.  DISCLAIMER OF WARRANTIES & LIABILITIES

YOU ACKNOWLEDGE AND AGREE THE MATERIALS ON THE WEBSITES, AS WELL AS THE LIT KIT AND THE PRODUCTS PROVIDED WITH IT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND.

 

LIT FITNESS GROUP, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING ITS SERVICES AND PRODUCTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT OUR SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE ERROR OR DEFECT FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY OF OUR SERVICES OR PRODUCTS. YOU AGREE TO USE OUR SERVICES AND PRODUCTS AT YOUR SOLE RISK.

 

FURTHER, LIT FITNESS GROUP, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO ITS WEBSITES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM LIT FITNESS GROUP, LLC OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY.

 

BY ACCEPTING THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT THE USE OF LIT FITNESS SERVICES AND PRODUCTS, EVEN IF USED AS INSTRUCTED, IS ONLY OFFERED SUGGESTIVELY AND CANNOT RESULT IN ANY LIABILITY TO LIT FITNESS GROUP, LLC. FOR EXAMPLE, USERS GIVEN INSTRUCTIONS AS TO THE USE OF A LIT FITNESS PRODUCT OR PERFORMANCE OF A SET OF EXERCISES REMAIN LIABLE FOR ANY DAMAGE OR INJURY TO THEMSELVES, OTHERS, OR TO THE EXERCISING ENVIRONMENT.

 

  1.  ASSUMPTION OF RISK

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, USE OF AND/OR INVOLVEMENT WITH THE LIT KIT AND THE PRODUCTS PROVIDED WITH IT, AS WELL AS ACCESS TO, USE OF AND/OR INVOLVEMENT WITH THE WEBSITES, MAY INVOLVE POTENTIALLY DANGEROUS PHYSICAL ACTIVITIES THAT MAY LEAD TO PERSONAL AND/OR BODILY INJURY, DEATH, LOSS OF SERVICES, LOSS OF CONSORTIUM, OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY. YOU HEREBY ACKNOWLEDGE AND WILLINGLY ACCEPT THESE RISKS AND AGREE TO UNCONDITIONALLY RELEASE AND HOLD HARMLESS LIT FITNESS GROUP, LLC AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND TRAINERS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR ACCESS TO, USE OF AND/OR INVOLVEMENT WITH THE LIT KIT, THE PRODUCTS PROVIDED WITH IT, AND THE WEBSITES.

 

  1.  LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LIT FITNESS GROUP, LLC OR ANY OF ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR TRAINERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO LIT FITNESS GROUP, LLC OR ANY OF ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR TRAINERS ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE MATERIALS ON THE WEBSITES, AS WELL AS THE LIT KIT AND THE PRODUCTS PROVIDED WITH IT.

 

THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES, LOSSES OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION, AND IRRESPECTIVE OF WHETHER LIT FITNESS GROUP, LLC OR ANY OF ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR TRAINERS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR CLAIMS.

 

IN THE EVENT YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, LIT FITNESS GROUP, LLC AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND TRAINERS MAY ONLY BE LIABLE FOR A SUM EQUAL TO THE AMOUNTS PAID BY YOU FOR ANY LIT FITNESS PRODUCTS OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LIT FITNESS GROUP, LLC AND YOU. THE LIT FITNESS PRODUCTS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

  1.  REVISIONS AND ERRATA

LIT Fitness Group, LLC does not warrant that any of the materials on its Websites are accurate, complete, or current. LIT Fitness Group, LLC may make changes to the materials contained on its Websites at any time without notice.

 

  1.  LINKS, USER SHARING & USER GENERATED CONTENT

LIT Fitness Group, LLC has not reviewed any of the sites linked to its Websites and is not responsible for the content or any goods or services that may be accessed, shared, or offered through any such linked site(s). The inclusion of any link does not imply any endorsement by LIT Fitness Group, LLC of the site(s). Use of any such linked website is at the user’s own risk and you understand and agree that LIT Fitness Group, LLC is not responsible for the terms of use, privacy policies, or security practices of any linked sites or third party services, including, without limitation, the accuracy of content or availability of any goods or services on linked sites or third party services.

 

  1.  LICENSE TO LIT FITNESS GROUP, LLC

By posting or submitting content to our Websites or an Official LIT Fitness Social Media Page, you grant LIT Fitness Group, LLC a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, reproduce, adapt, modify, translate, publish, to publicly perform, display or distribute (through multiple tiers), to digitally transmit, store, or perform, such contributed content, and to further sell, modify, create derivative works from or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.

 

  1.  INDEMNITY

You agree to defend, indemnify and hold harmless LIT Fitness Group, LLC and its Affiliates, Owners, Members, Managers, Officers, Directors, Employees, Agents, Suppliers, and Trainers, from and against any and all liabilities, claims, suits, causes of action, damages, losses, costs and expenses (including reasonable attorney’s fees and costs) arising out of your use of the Websites of LIT Fitness Group, LLC; your use of the LIT Kit and any of the products provided with it; your failure to use the Websites of LIT Fitness Group, LLC; and your breach or alleged breach of this Agreement, or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

 

  1. TERMS OF USE MODIFICATIONS

LIT Fitness Group, LLC may revise and update these Terms and Conditions of Use of this Agreement at any time without notice. By using its Websites, and continuing to access the Websites, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

  1.  GOVERNING LAW

Any claim relating to or arising out of use of our Websites and/or the LIT Kit and the products provided with it shall be governed by the laws of the State of California without regard to any choice of law or conflict of law provisions. You covenant that any court of competent jurisdiction located in the County of Los Angeles, California, shall have sole and exclusive jurisdiction over any claim or controversy relating to or arising out of use of our Websites and/or the LIT Kit and the products provided with it, and venue shall be proper in any such court. If you access the Websites from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. LIT Fitness Group, LLC makes no representation that materials on its Websites are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the websites from other locations do so on their own initiative and are responsible for compliance with local laws.

 

  1.  INTEGRATION

These Terms and Conditions of Use constitute the entire understanding and agreement between you the user and LIT Fitness Group, LLC.

 

  1.  SEVERABILITY

If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the remaining provisions of the Terms of Use which shall remain in full force and effect.

Privacy Policy

Introduction

LIT Fitness Group LLC d/b/a LIT Method, owner and operator of the LIT™ web site (“we” or “LIT Method”), takes the nature of private information very seriously. We know you care about how your information is used and shared, and we appreciate your trust that we will do so with the utmost care. The purpose of this privacy policy is for you (the “User”) to understand how we collect and use the personal information you provide to us through litmethod.com and its related websites (the “Website”).

Information We Collect

Personal Account Information: When you visit the Website for the first time, you will be asked to provide certain personal account information, such as your e-mail address and zip code. All information submitted by you will be subject to this privacy policy; however, LIT Method reserves the right to aggregate personal data from all of its Users for use in connection with the Website.

Browser and IP Information; Cookies: Each time a User visits the LIT Method Website, we may collect information regarding the User’s browser type and Internet Protocol (“IP”) address and store such information through use of “cookies.” A cookie is a small file containing a string of alphanumeric characters that uniquely identifies your browser. The cookies enable LIT Method to confirm that Users have visited previously. You can set your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. However, if you set your browser to disable all cookies, some features of the LIT Method Website may not function properly.

Server Logs: When you use the LIT Method Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, IP address, browser type, browser language, platform type, number of clicks, domain names, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Use of Information by LIT Method

LIT Method may use your personal account information to operate, maintain, customize and personalize your experience with the Website.

LIT Method may provide your personal account information to third party service providers whom we engage to assist us with the operation of the Website. Such access will be limited solely to use in connection with LIT Method Website operations and is provided with the understanding that these parties will use such information in accordance with our privacy policy. Further, we may use your name and e-mail address to send you notifications regarding the Website and new services we think you may find valuable.

LIT Method does not share any personal account information with its advertisers. Although LIT Method may provide general demographic or aggregated personal preference information to advertisers and business partners, LIT Method will not provide your individual personal account information to advertisers.

If we obtain IP addresses, usage data and browser information from our Users, we may (but are not obligated to) use such information for the following purposes: (a) to diagnose and prevent service or technology problems that are associated with the IP addresses; (b) to help us provide you with customized content and promotions that match your stated preferences; (c) to prepare geographical, university-based or other statistical data to help us better serve our Users; (d) to create new features, promotions and services in connection with the Website; and (e) to monitor the use of the Website.

LIT Method reserves the right to disclose personal account information if: (a) it believes that it is required to do so in accordance with applicable law, or to respond to a subpoena or court order, (b) it believes in good faith that such disclosure is necessary or appropriate to enforce its Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Website, and to otherwise protect the rights, safety or property of LIT Method, our Users or others, or (c) LIT Method becomes involved in a merger, acquisition, or other transaction resulting in a change of control of LIT Method, in which case, such personal information may be transferred in connection with such transaction and may become subject to the privacy policy of another entity.

Third Party Advertising

In order to continue to provide our Website services without charges or fees to our Users, LIT Method permits third party advertisers to provide advertisements to you through use of the Website. Although LIT Method does not provide any personal account information to such advertisers, LIT Method may provide personal preference information to these advertisers in order that we may serve you better. In addition, such advertisers may download cookies onto your computer, which would enable them to recognize your computer each time they send you an advertisement. As a result, the advertising network would have the ability to deliver targeted advertisements that they believe would be of most interest to you. LIT Method does not have access to or control of the cookies that may be placed by third party advertisers.

Security

Although LIT Method takes reasonable security measures to safeguard your private information against unauthorized use or access, LIT Method cannot guaranty the security of any information you provide to or from our online services. LIT Method can provide no guaranty that such information may not be accessed, disclosed, altered or destroyed by breach of any of our security measures. All Website transmissions are solely at your own risk.

User Responsibilities

You have no obligation to provide personal information to LIT Method and may, at any time, decline to submit personal account information through the Website, in which case LIT Method may not be able to provide certain services to you. Please note that media files uploaded by Users to the Website cannot be removed, are not subject to this Privacy Policy and remain subject to our Terms of Use. Although LIT Method takes reasonable measures to protect your privacy and security, it is also your responsibility to protect your personal account information. We strongly recommend that you take reasonable steps to maintain the secrecy of your account information at all times by keeping your account name and password secret and remembering to log off all computers when use is finished.

Other sites

This privacy policy applies only to websites and services that are owned or controlled by LIT Method. In the event that the Website includes links to other websites, LIT Method expressly disclaims responsibility for the privacy practices of such other websites. You should make certain that you are aware when you leave our Website and enter third party sites and review their privacy practices accordingly.

Changes to this Policy

LIT Method may change its Privacy Policy from time to time, and in LIT Method’s sole discretion. Any such changes will be posted on this page and the effective date thereof will be indicated at the top of the page.

Questions

Should you have any questions regarding our privacy policy, please feel free to contact us at ondemand@litmethod.com .