Terms Of Use

FitmodelsLLC Terms of Use
Overview:

Welcome to Fitmodelsllc We are a service that provides our Clients and Models with access to Each other.

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, “FitModelsLLC service,” “our service” or “the service” means the service provided by FitModelsLLC for discovering and using FitModelsLLC services, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with FitModelsLLC (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain FitModelsLLC ready devices, you may need to visit www.FitModelsLLC.com/TOU to review these hyperlinked terms.

Acceptance of Terms of Use
These Terms of Use, which include our Privacy Statement (www.FitModelsLLC.com/TOU) and End User License Agreement (www.FitModelsLLC.com/TOU) (“TOU”) govern your use of the FitModelsLLC service. By using, visiting, or browsing the FitModelsLLC service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the FitModelsLLC service.

The FitModelsLLC service is provided by FitModelsLLC, Inc., or one of its affiliated companies. Visit https://FitModelsLLC.com/ to see which entity is providing the FitModelsLLC service to you. Check back as the service provider may change from time to time.
Changes to Terms of Use. FitModelsLLC may, from time to time, change these Terms of Use, including the Privacy Statement and TOU. Such revisions shall be effective immediately; provided however, for existing Clients and Models, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website (www.FitModelsLLC.com/TOU).
Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
Communication Preferences. By using the FitModelsLLC service, you consent to receiving electronic communications from FitModelsLLC relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the FitModelsLLC service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with FitModelsLLC. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new FitModelsLLC features and content, special offers, promotional announcements and customer surveys via email or other methods.
Clients and Models

Prohibitions on Use of the Service:

  1. Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:
    • access and/or use anyone else’s Registration Information, or access, visit and/or use the Service by use of anyone else’s account/profile and/or Registration Information;
    • make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service;
    • impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Service;
    • authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information;
    • falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Service, us, or our licensors, vendors and/or service providers;
    • post, upload, transmit, send or otherwise make available on or through the Service any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers, including without limitation touting or recommending any stocks or particular security, portfolio of securities, transaction or investment strategy;
    • repeatedly post, upload, transmit, send or otherwise make available on or through the Service the same Content multiple times in a day, week, or month;
    • post, upload, transmit, send, or otherwise make available on or through the Service any unsolicited bulk communication;
    • use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Service, including without limitation to post, upload, transmit, send, or other make available Content on or through the Service;
    • copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;
    • engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Service;
    • use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, gender identity, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia
    • use any language, or post, upload, transmit, send or otherwise make available on or through the Service any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation (e.g., drug use, underage drinking), including without limitation defamation, child pornography, fraud, or invasion of privacy;
    • stalk others on or through the Service, or using information obtained on or through the Service, or otherwise contact other users in the physical world without their permission using information obtained on or through the Service;
    • use any language, or post, upload, transmit, send or otherwise make available on or through the Service any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
    • post, upload, transmit, send or otherwise make available on or through the Service any Content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;
    • provide professional advice or post, upload, transmit, send or otherwise make available on or through the Service any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;
    • post, upload, transmit, send or otherwise make available on or through the Service any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, service providers, other users, and/or any third party;
    • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distributi on of Content;
    • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service;
    • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part, including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Service, in whole or in part, to a human perceivable form;
    • access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with, the Service including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others’ access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise; or
    • post, upload, transmit, send or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.
    • CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

Differing Clients and Model .

We may offer a number of Clients and Model plans, including special promotional plans or Clients and Models with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. Some promotional Clients and Models are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered Clients and Modelship plans.

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the FitModelsLLC service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
The FitModelsLLC service and any content viewed through our service are for your personal and non-commercial use only.

FitModelsLLC Clients and Models, we grant you a limited, non-exclusive, non-transferable, license to access the FitModelsLLC service and view FitModelsLLC content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view FitModelsLLC content through the FitModelsLLC service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such FitModelsLLC content. The content that may be available to watch will vary by geographic location. FitModelsLLC will use technologies to verify your geographic location.
We continually update the FitModelsLLC service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of FitModelsLLC content,
We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
None of FitModelsLLC content is available for download and offline

You agree to use the FitModelsLLC service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the FitModelsLLC service without express written permission from FitModelsLLC and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the FitModelsLLC service; use any robot, spider, scraper or other automated means to access the FitModelsLLC service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the FitModelsLLC service; insert any code or product or manipulate the content of the FitModelsLLC service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the FitModelsLLC service, including any software viruses or any other computer code, files or programs.

The availability of FitModelsLLC content will change from time to time, and from country to country. The quality of the display of the FitModelsLLC content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.

FitModelsLLC website is developed by, or for, FitModelsLLC and is designed to enable viewing of content from FitModelsLLC through a web browsers. This software may vary by device and medium, and functionalities may also differ between devices.

BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.FitModelsLLC.com/TOU) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the FitModelsLLC service.
We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
Clients and Models may limit the maturity level of FitModelsLLC content viewable by other household Clients and Models

THE FitModelsLLC SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE FitModelsLLC SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FitModelsLLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE FitModelsLLC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. FitModelsLLC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, FitModelsLLC READY DEVICES, AND FitModelsLLC SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL FitModelsLLC, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Intellectual Property
Copyright. The FitModelsLLC service, including all content provided on the FitModelsLLC service, is protected by copyright, trade secret or other intellectual property laws and treaties.
Trademarks. FitModelsLLC is a registered trademark of FitModelsLLC, Inc.
Patents. FitModelsLLC has patents that apply to our service. For information on FitModelsLLC patents visit www.FitModelsLLC.com/patents.
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the FitModelsLLC service, please notify us by Email at Fitmodels@Fitmodelsllc.com
Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the FitModelsLLC service. These Applications may import data related to your FitModelsLLC account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and FitModelsLLC is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY FitModelsLLC AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted. FitModelsLLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the FitModelsLLC service, including the FitModelsLLC website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the FitModelsLLC service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note FitModelsLLC does not accept unsolicited materials or ideas for FitModelsLLC content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to FitModelsLLC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against FitModelsLLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit FitModelsLLC about us page (www.FitModelsLLC.com/aboutus). In certain instances, these Terms of Use will control.
Arbitration Agreement
If you are a FitModelsLLC member in the United States (including its possessions and territories), you and FitModelsLLC agree that any dispute, claim or controversy arising out of or relating in any way to the FitModelsLLC service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and FitModelsLLC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your FitModelsLLC Clients and Modelship.
If you elect to seek arbitration or file a small claim court action, you must first send to FitModelsLLC, by certified mail, a written Notice of your claim (“Notice”). The Notice to FitModelsLLC must be addressed to: General Counsel, FitModelsLLC, If FitModelsLLC initiates arbitration, it will send a written Notice to the email address used for your Clients and Models account. A Notice, whether sent by you or by FitModelsLLC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If FitModelsLLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FitModelsLLC may commence an arbitration proceeding or file a claim in small claims court.

The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless FitModelsLLC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of FitModelsLLC’s last written settlement offer made before an arbitrator was selected (or if FitModelsLLC did not make a settlement offer before an arbitrator was selected), then FitModelsLLC will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND FitModelsLLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FitModelsLLC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: January 31, 2017