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GFit Nutrition Waiver and Commercial Terms of Use

Updated: July 9, 2026

PLEASE CAREFULLY READ THIS WAIVER AND THESE COMMERCIAL TERMS OF USE (COLLECTIVELY, THE "TERMS"), AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU, INCLUDING REQUIREMENTS FOR REQUESTING REFUNDS AND THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. AS FURTHER DESCRIBED IN SECTION 15 BELOW, BY AGREEING TO THESE TERMS, YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU MIGHT HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

These Terms apply to the purchase of, or subscription to, products and services through this website, www.gfitnutrition.com, including its related sites, pages, content, the GFit Nutrition app, program, system, Reset, 28-Day Metabolic Reset, Challenge, meals, recipes, and meal plans (collectively, the "Site"). The Site is provided by GFit Nutrition, LLC ("GFit Nutrition," "us," "we," or "our") and the Site and these Terms are subject to change by GFit Nutrition, without notice, in its sole discretion. Any changes to the Terms will be in effect as of the updated or revised date referenced in these Terms or otherwise indicated on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your assent to these Terms or continued use of this Site after that date will constitute your acceptance of and agreement to those changes. You should also carefully review our Privacy Notice before using the Site. YOU MAY NOT ORDER OR SUBSCRIBE TO PRODUCTS OR SERVICES FROM THIS SITE IF YOU DO NOT AGREE TO THESE TERMS OR CANNOT COMPLY WITH THESE TERMS OR APPLICABLE LAW.

BY USING THIS SITE, YOU AGREE THAT YOU WILL CONSULT YOUR DOCTOR OR OTHER HEALTH CARE PROVIDER BEFORE BEGINNING ANY EXERCISE OR NUTRITIONAL PROGRAM OR UNDERTAKING ANY LIFESTYLE CHANGE. Many of the recipes and/or programs on the Site are considered paleo, sugar free, and/or low carb, among other qualifiers. You are responsible for ensuring such recipes and any ingredients or brands recommended by GFit Nutrition meet your dietary needs and continue to do so, if such companies/brands change their products or the ingredients. All information and content presented on the Site is intended for your informational use and is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product or service, especially if you are taking any medication or are under treatment for any disease.

This Site is offered and intended for use by individuals who are:

  • 18 years of age or older; and
  • Residents of the United States of America.

1.Accessing our Site and Maintaining Account Security

To access the Site or some of the resources it offers, you may be asked to provide certain information. By using the Site, you represent and warrant that: a. all registration, account, and payment information you submit will be true, accurate, current, and complete; b. you will maintain the accuracy of such information and promptly update such registration information as necessary; c. you will not share with any third party, and will maintain the security and confidentiality of, your account credentials, including any secure sign-in links sent to your email; d. you are responsible for all activities that occur under your account; e. you will notify us immediately of any unauthorized use of the Site or any GFit Nutrition service using or involving your account, or any other known or suspected breach of security; f. you have the legal capacity and you agree to comply with these Terms; g. you are at least 18 years of age; h. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; i. you will not use the Site for any illegal or unauthorized purpose; and j. your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You agree that all information you provide to this Site or otherwise, including account creation and registration and payment information, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

2.Term of Program, Plan, or other Subscription; Automatic Renewal

a. The term of any subscription, plan, or program you purchase will commence on the date of your purchase and continue for the period so stated (the "Challenge Term"). Upon expiration or other termination of the Challenge Term, all rights granted to you under these Terms and your challenge or other program terms, including your access to the applicable program, system, challenge, meals, recipes, and meal plans and other particular areas, content, or features of the Site, shall terminate. The provisions in these Terms about GFit Nutrition's ownership and proprietary rights, limitations of liability, disclaimers of warranties, waiver, payment, governing law, jurisdiction and venue shall survive the termination of these Terms.

b. Automatic renewal — 28-Day Metabolic Reset membership. If you purchase the 28-Day Metabolic Reset membership, your membership is $397 for the first year (which includes your one-time 1-on-1 kickoff call, with 12 months of access beginning after that call) and, unless you cancel, automatically renews each year at the then-current annual renewal rate ($197/year as of the "Updated" date above), charged to your payment method on file on your renewal date. By purchasing, you consent to this automatic renewal. You may cancel at any time, with no cancellation fee, as described in our Cancellation Policy; cancelling stops future renewal charges and you keep access for the term you have already paid for. Other subscriptions or programs we offer may instead renew only upon your election, for a renewal term of twelve (12) months or other term length we indicate, at then-current rates for such service(s).

3.Reliance on Information Posted

We reserve the right to disable, withdraw, or amend this Site, and any service or content we offer or provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. THE INFORMATION AND CONTENT PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES AND DOES NOT CONSTITUTE EXPERT OR MEDICAL ADVICE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR EFFECTIVENESS OF THE INFORMATION, INCLUDING THE GFIT NUTRITION APP, PROGRAM, SYSTEM, CHALLENGE, MEALS, RECIPES, AND MEAL PLANS, ON THE SITE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. In the event that a GFit Nutrition service is mistakenly listed at an incorrect price, GFit Nutrition reserves the right to refuse or cancel any orders placed for services listed at the incorrect price. GFit Nutrition reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GFit Nutrition shall issue a credit to your credit card account in the amount of the incorrect price.

4.Not Medical Advice

AS NOTED ABOVE, YOUR USE OF THE SITE, OR ANY PERSONAL CONSULTATION BY PHONE, EMAIL, IN PERSON, OR OTHERWISE, IS COMPLETELY VOLUNTARY AND AT YOUR OWN RISK. This Site is intended for individuals in good health. It is a good idea for anyone with medical problems or health risks to consult a doctor before starting any diet or exercise program. Even if you have no known health problems, you should consult your doctor before making any changes to your lifestyle. The Site and other information should not be used, and is not intended, to prevent, diagnose, treat, or cure any illness or condition. We do not recommend the self-management of health problems. Any information or recommendations from the Site is not exhaustive, and should not be construed to apply to all diseases, ailments, physical conditions, or their various treatments. The statements made regarding the products and services on the Site have not been evaluated by the Food and Drug Administration, nor has the efficacy of GFit Nutrition's products or services been confirmed by FDA-approved research.

This Site may include content provided by third parties, including materials provided by other users, vendors, and partners. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by GFit Nutrition, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GFit Nutrition. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.

5.Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order or otherwise requested. All orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept orders at our sole discretion, or limit or cancel quantities purchased per person, per household, or per order even after we send you a confirmation email with your order number and details of the items you have ordered. These restrictions could be instituted for fraud prevention or other concerns and may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

6.Prices and Payment Terms

a. All prices, discounts, and promotions, including additional or free months of subscription services, posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes take effect. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences, and/or issue a credit to your credit card account in the amount of the incorrect price, if your credit card has already been charged for the purchase.

b. By purchasing a product or service on the Site, you acknowledge that we use a third-party payment processing system and have little control over payment processing details. You agree that you will have to look to our payment processing vendor if you encounter any payment processing problem, and understand that all registration, billing, and shipment information you provide must be truthful, accurate, and up-to-date.

c. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

d. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

e. Except as expressly provided in our Refund & Guarantee Policy (including the waist-to-height movement guarantee applicable to the first year of a 28-Day Metabolic Reset membership) and except in other limited circumstances, at GFit Nutrition's sole discretion, all payments are non-refundable and there will be no refunds for services or products purchased through or in connection with the Site, and GFit Nutrition will determine if any purchase is eligible for replacement, an account credit, return, and/or a refund and may deduct original shipping and handling costs or other amounts based on the timeliness of and reason for the refund request.

7.Intellectual Property Rights

The Site and app and all of their contents, features, and functionality (including but not limited to the nutrition program(s), system(s), challenge(s), meals, recipes, meal plans, other information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by GFit Nutrition, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms and the payment of the applicable fees, GFit Nutrition grants you a personal, limited, non-assignable, non-exclusive, and nontransferable license, without the right to sublicense, during the term of your subscription or program to access and view the Site solely for your personal educational and informational use.

These Terms permit you to use all or part of the Site for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing of those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Site for your own non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site except as expressly permitted hereby.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use without a valid subscription or for any commercial purposes, other than as expressly authorized by us, any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, we may suspend or terminate your right to use the Site immediately, at our discretion. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by GFit Nutrition. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.

GFit Nutrition's name, logo, and all related names, logos, product and service names, designs, and slogans found on or relating to the Site constitute trademarks and other intellectual property of GFit Nutrition or its affiliates or licensors. You must not use such marks without the prior written permission of GFit Nutrition. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Finally, as set forth in Section 13 below, we own any suggestions, recommendations and/or feedback about the Site or GFit Nutrition's services you send or submit to us through the Site, post to our social media, or otherwise provide to us, and all associated intellectual property rights, and can use that content to promote the Site and our services and in any other way we see fit.

8.Prohibited Uses of Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that is misleading, offensive, explicit, or violative of any party's rights.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate GFit Nutrition, one of its employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm GFit Nutrition or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

9.User Contributions

The Site may contain or link to various interactive features at any given time (collectively, "Interactive Features") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on, from, or through the Site.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary, including user and product reviews and questions. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the perpetual and irrevocable right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material for any purpose, without notice, attribution, or compensation to you.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.
  • You are responsible for any User Contributions you submit or contribute, and you, not GFit Nutrition, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third-party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

10.Disclaimer of Warranties

TO THE EXTENT ALLOWABLE BY LAW, ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. GFit Nutrition does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. GFit Nutrition does not make any warranties or representations regarding the use of the materials on or from this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

11.Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH OUR PRODUCTS, SERVICES, THE SITE, OR ANY BREACH OF THESE TERMS, REGARDLESS OF A. WHETHER SUCH DAMAGES WERE FORESEEABLE, B. WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND C. THE LEGAL OR EQUITABLE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), INCLUDING NEGLIGENCE, UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON AND UNDER ANY THEORY OF LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR PORTION OF THE AMOUNT OF FEES PAID IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM FOR THE PRODUCTS AND/OR SERVICES GIVING RISE TO THE CLAIM.

12.Consumer Rights

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. SECTIONS 10 AND 11 ABOVE OUTLINE YOUR SPECIFIC LEGAL RIGHTS AND REMEDIES UNDER THESE TERMS, BUT YOU MAY ALSO HAVE OTHER RIGHTS AND REMEDIES WHICH ARISE FROM OPERATION OF LAW AND WHICH VARY FROM STATE TO STATE.

13.Your Privacy and Feedback

We respect your privacy and are committed to protecting it. Our Privacy Notice governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. By using the Site or GFit Nutrition's services, or by sending GFit Nutrition suggestions, feedback, reviews, or testimonials ("Feedback"), you agree that a. your Feedback does not contain the confidential or proprietary information of third parties, b. we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and c. you grant us an irrevocable, non-exclusive, royalty-free and fully paid-up, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against GFit Nutrition and its users any claims and assertions of any moral rights contained in such Feedback. Any user reviews, testimonials, or other feedback relating to our products or services that you post or submit to us may be copied, modified, adapted, published and/or deleted in their entirety by us without notice, attribution, or payment to you.

14.Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when our failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

15.Dispute Resolution and Binding Arbitration

a. Subject to Section 17 of these Terms, in the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms, the use of this Site, information, or products, which the parties are unable to resolve through informal negotiations, each party hereby agrees to settle such a dispute via binding arbitration, as set forth in this Section 15.

b. EXCEPT AS STATED OTHERWISE IN THESE TERMS OR BY APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

c. The arbitration will be administered by a neutral arbitrator selected in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA") in accordance with the AAA's Arbitration Rules for Consumer Disputes, if appropriate, then in effect, except as modified by this Section 15, which are available for your review at www.adr.org. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Arbitration may be conducted in person in Huntingdon Valley, Pennsylvania, by phone, and/or through the submission of documents and information online, at GFit Nutrition's sole discretion, or as directed by the arbitrator. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

d. You agree to this Section 15 on an individual basis. TO THE FULLEST EXTENT PERMITTED BY LAW: NO ARBITRATION MAY BE JOINED WITH ANY OTHER PROCEEDING; YOU WILL NOT BE ENTITLED TO, NOR IS THERE ANY RIGHT OR AUTHORITY TO, JOIN OR CONSOLIDATE CLAIMS BY, ON BEHALF OF, OR INVOLVING OTHER CUSTOMERS OR USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. No arbitrating body may consolidate more than one person's claims, or otherwise preside over any form of a representative or class proceeding. Such body or tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

e. The parties agree that the following disputes are not subject to this Section concerning binding arbitration: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (ii) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of data or confidential information; and (iii) any claim for injunctive relief. If all or part of this Section is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that particular portion of this Section, and such dispute shall be decided by a court of competent jurisdiction, subject to Section 17 below, and the parties agree to submit to the personal jurisdiction of that court. If any provision of this Section 15 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

16.Indemnification

You agree to defend, indemnify, and hold harmless GFit Nutrition, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

17.Governing Law and Jurisdiction

This Site is operated from and intended for use within the United States only. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts of law provisions. If for any reason, a dispute, cause of action, or claim you may have with respect to the Site or these Terms (including but not limited to the purchase of our products or services) proceeds in court (and not by arbitration as set forth above), it must be instituted, and you consent to personal jurisdiction and venue, in the state courts located in or otherwise serving Montgomery County or the United States District Court for the Eastern District of Pennsylvania. To the extent permissible under applicable law, you are required to bring, raise, or submit to us all disputes or claims relating hereto within one (1) year from the date the claim or cause of action arises.

18.Legal and other Costs; Attorneys' Fees

Except as otherwise stated in this Section 18, each party will pay its own attorney's fees and associated costs and expenses in any disputes resulting from your use of the Site or these Terms. In the event that GFit Nutrition substantially prevails in any dispute relating to a breach by you of your obligations under these Terms or other dispute with you, GFit Nutrition shall be entitled to recover reasonable attorneys' fees, costs of proceedings, and costs of enforcement or collection of any late fees, judgment, or award.

19.Notices

a. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) by posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

b. To Us. To give us legal or other notice under these Terms, you must contact us at the address below by overnight courier or certified mail. For refunds and other notices, you may email us using the information provided below. We may update the email or physical address for notices to us by posting a notice on the Site. Notices will be effective: immediately, if provided by email, subject to confirmation of delivery to the intended destination or acknowledgement of receipt by the intended recipient; one business day after sending, if provided by overnight courier; and three business days after they are sent, if sent using certified mail.

GFit Nutrition, LLC
PO Box 527
Abington, PA 19001
Email: Contact us

20.Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES, OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, OR TO PAYMENTS OR THE GRANTING OF CREDITS BY ANY MEANS OTHER THAN ELECTRONIC MEANS.

21.Miscellaneous Terms

a. Assignment; No Third-Party Beneficiaries. You will not assign or delegate any of your rights or obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 21a is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

b. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Our waiver of any right or provision under these Terms will be effective only if in writing and signed by our duly authorized representative.

c. Severability; Entire Agreement. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. These Terms, our order confirmation correspondence, any service- or product-specific descriptions and agreements, and our Privacy Notice will be deemed the final and integrated agreement between you and us on your use of the Site and any other subject matter contained in these Terms. If there is a conflict or inconsistency between or among the other documents referenced in these Terms, these Terms shall be the final expression of the intent of GFit Nutrition and you, with respect to goods and services subscribed to, purchased from, or ordered on or through the Site.