Website Terms of Use Agreement
Welcome to Makarios Group 3, Inc, a Tennessee state corporation (“Company”). Company is an online platform offering health and fitness
content, information, services, and products via the website www.BioFit20.com and any other website, channel, application, mobile feature,
and/or platform we operate (together, “Site”). In these Terms of Use (“Terms”), the use of the words “Company,” “we,” “our,” and “us” refer
to Makarios Group 3, Inc. The words “user,” “you,” and “your” refer to entities or individuals that access and/or use the Site. These Terms
do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using the Site on behalf of any entity,
you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
1. Read Carefully!
These Terms govern your access to and use of the Site provided by Company and the
health and fitness content, information, services, and products Company provides via
the Site (“Services,”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING
THE SITE. BY ACCESSING THE SITE AND/OR CREATING A USER ACCOUNT, YOU
AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL
OF THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE.
COMPANY’S ACCEPTANCE OF YOUR ACCESS TO OR USE OF THE SITE IS
EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS. WE
MAY REQUIRE THAT YOU EXPLICITLY CONSENT TO THESE TERMS IN ORDER
TO ACCESS CERTAIN PORTIONS OF THE SITE.
2. Third Parties and Policies
Please be aware that when you access and/or use certain features of the Site, your
access to or use of such features will also be subject to all guidelines, terms,
agreements, and conditions applicable to such features, including third-party policies
(the “Policies”). All such Policies are incorporated into these Terms by reference, and if
the applicability of these Terms is incompatible with your access to or use of the
Services, the relevant terms of such third-party Policies will control.
3. Changeability
We reserve the right to change or modify these Terms or any Policy and the Site we
offer at any time without notice to you to reflect changes in our practices or keep current
with relevant laws or industry standards. We also retain the right to create limits on your
use and storage of User Content (defined below) at our sole discretion at any time
without prior notice to you. In addition, Company may stop (permanently or temporarily)
providing the Site (or any features within the Site) to you or to users generally and may
not be able to provide you with prior notice. We may attempt to notify any registered
users of material changes by sending an email to the email address you most recently
provided us in your User Account (defined below), profile, or registration (unless we do
not have such an email address), and/or by posting notice of the changes on the Site.
Your access to and/or use of the Site will be subject to the most current version of these
Terms posted on the Site at the time of your access or use. We recommend that you
check the Site from time to time to inform yourself of any changes in these Terms, and
stay apprised of any other Policies that may be applicable; you are solely responsible
for reviewing and becoming familiar with any modifications to these Terms.
Should Company permanently stop the Site, you may terminate your use, User
Account, and/or Subscription Agreement (defined below) pursuant to the termination
process set forth in these Terms, and upon Company’s verification of your fulfillment of

all termination requirements and in Company’s sole discretion, Company may refund a
pro-rata portion of any remaining subscription fees paid.
4. Our Stuff
Company’s proprietary content, including videos, designs, text, graphics, pictures,
information, Services, data, software (and the selection and arrangement thereof),
logos, and code (collectively, the “Site Materials”) are all property of Company and are
protected by intellectual property laws, and except as permitted under these Terms,
Company expressly reserves all right, title, and interest in and to the content and
Services of the Site and Site Materials, aggregate data, and reports, and all processing,
analytics, and other software and technology used by Company in the analysis of User
Content (as defined below) and/or the provision of the Site, including, without limitation,
any derivatives, improvements, enhancements, or extensions thereof conceived,
reduced to practice, or otherwise developed by or on behalf of Company, all of which
are valuable assets of Company, and any copyright, patent, trademark, or any other
intellectual property right, or federal or state right, pertaining thereto.
UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING,
DISTRIBUTING, OR DUPLICATING OR ANY OTHER MISUSE OF THE SITE OR SITE
MATERIALS BY YOU IS PROHIBITED.
5. Your Stuff
The Site may now or in the future allow users to select, input, upload, and share
information and data in connection with the Site and allow you or other users to post,
link, store, or otherwise make available a wide variety of information, text, and/or other
materials in connection with use of the Site or portions of it, including features such as
calendars, planning tools or folders, trackers, profiles or otherwise (collectively, “User
Content”). You are solely responsible for your use of any User Content or User Content
feature and use such User Content at your own risk. By posting any User Content, you
represent and warrant that you own and control all of the rights to the User Content that
you post, or that you otherwise have the lawful right to distribute and reproduce such
User Content and to grant Company the license for the User Content described below
and that your use and posting of such User Content does not violate these Terms or
any Subscription Agreement (discussed below) you have with us, will not violate any
rights of or cause injury to any person or entity, and will not otherwise create any harm
or liability of any type for us or for any third party.
By selecting and/or posting any User Content, you agree not to post, upload to,
transmit, distribute, store, create, or otherwise publish through the Site any of the
following:
-User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing,
threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise
objectionable (as determined in our sole discretion);
-User Content that would constitute, encourage, or provide instructions for a criminal
offense, violate the rights of any party, or violate any local, state, national, or
international law;
-User Content that may infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any party;

-User Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity; or that inappropriately provides private information of
any third party including addresses, phone numbers, email addresses, Social Security
numbers, health or location information, or similar information;
-User Content that, in our sole discretion, is objectionable or which restricts or inhibits any
other person from using and/or benefiting from our Site, including, without limitation,
User Content that contains or installs any viruses, worms, malware, Trojan horses, or
other harmful or destructive content;
-User Content that is spam, is machine- or randomly-generated, contains unethical or
unwanted commercial content, furthers unlawful acts (such as phishing) or misleads
recipients as to the source of the material (such as spoofing); or
-User Content that attempts to disrupt the Site or Services.
We take no responsibility and assume no liability for any User Content posted, stored,
or uploaded by you or any third party, or for any loss or damage thereto, nor are we
liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography, or profanity you may encounter.
As a provider of services that may in certain ways be interactive, we are not liable for
any statements, representations, User Content, or Advertiser and Corporate Partner
Content (as defined below) provided by users in any form whatsoever in connection with
the Site. Although we have no obligation to screen, edit, or monitor any of the User
Content or Advertiser and Corporate Partner Content posted anywhere in connection
with the Site, we reserve the right, and have absolute discretion, to remove, screen, or
edit any User Content and Advertiser and Corporate Partner Content connected to the
Site at any time and for any reason without notice. You are solely responsible for
creating backup copies of and replacing any User Content you post or store on the Site
at your sole cost and expense.
We do not own the User Content you post on or otherwise select or submit to the Site,
but in posting and/or otherwise submitting User Content to the Site, you grant us an
irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform, and display such User Content and any information, data, or other
material generated through the use of the Services on or in any and all media (now
known or hereafter developed) to perform and provide Services or for our own business
purposes in accordance with our Privacy Policy. You also hereby grant each user of the
Site a non- exclusive license to access your User Content and any information, data, or
other material generated through the access to or use of the Site, and to access, use,
reproduce, distribute, prepare derivative works of, display, and perform such User
Content and information, data, or other material generated through access to or use of
the Site and under these Terms.
We may monitor use of the Site by all of our customers or visitors and use the data
gathered in an aggregate and anonymous manner. You agree that we may use and
publish such information, provided that such information does not incorporate any of
your personal information and/or identify you.
6. Your Use and Obligations
Use of the Site is subject to these Terms and is only permitted within normal access or
use of the Site and in conformance with any Subscription Agreement you may have with

us. Your access to or use of the Site grants you no right or license to reproduce, or
otherwise use any Company or third-party trademarks except as expressly set forth
herein. All goodwill generated from use of Company’s marks will inure to our exclusive
benefit. Other company, product, and service names and logos used and displayed via
the Site may be trademarks or service marks of their respective owners who may or
may not endorse or be affiliated with or connected to Company.
You may access and use the Site only in compliance with these Terms, your
Subscription Agreement, and all applicable local, state, national, and international law,
rules, and regulations.
Absent breach by you of any of these Terms, and unless otherwise expressly permitted
by Company, you are granted a limited, personal, non-transferable, non-sublicensable,
revocable license to access our Site and, in connection with your Subscription
Agreement, use the Site, and, as permitted, to electronically view, copy (except where
prohibited without a license), and print to hard copy portions of the Site Materials.
However, in no case whatsoever shall you:
-use any data mining, scraper, spider robots, or similar data-gathering or extraction
methods to access, monitor, or copy any Site Materials or other content or information
used by the Site;
-use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk
email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
-modify copies of any materials obtained from the Site;
-use any illustrations, photographs, video or audio sequences, or any graphics separately
from the accompanying text or without express authorization from Company;
-harvest or otherwise collect information about others, including email addresses;
-violate the restrictions in any robot-exclusion headers on the Site or bypass or
circumvent other measures used to prevent or limit access to the Site;
-reverse engineer or alter the Site or the Site Materials or probe, scan, or test the
vulnerability of any system or network or breach or circumvent any security or
authentication measures;
-deep-link to any portion of the Site for any purpose, unless expressly authorized in
writing by Company;
-“frame,” “mirror,” or otherwise incorporate any part of the Site into any other website,
unless expressly authorized in writing by Company;
-transmit any unlawful, threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic, or profane material; any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law; or for any other purpose that is unlawful or prohibited by
these Terms;
-link to the Site from any website that is unlawful, abusive, indecent, or obscene, that
promotes violence or illegal acts or that is otherwise inappropriate in Company’s sole
discretion;
-attack the Site or any portion thereof via a denial-of-service attack or a distributed denial-
of-service attack;
-attempt to bypass methods Company may use to prevent or restrict access to the Site;
-disguise the origin of the information transmitted through the Site or to Company;
-submit false or misleading information to Company;
-delete or alter any copyright, trademark, or other proprietary rights notices from copies of
materials from the Site;

-take any action that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on our infrastructure or adversely affects the performance
or function of the Site or any other computer systems or networks used by Company;
-use the Site or the Site Materials other than for their intended purpose and as expressly
permitted by these Terms;
-violate any applicable laws or regulations; or
-otherwise attempt to interfere with the proper working of the Site.
Further, you agree not to post, upload to, transmit, distribute, store, create, or otherwise
publish through our Site any of the following material or information:
-any message, data, information, text, music, sound, photos, video, graphics, code, or
other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent, or otherwise objectionable;
-material that would constitute, encourage, or provide instructions for a criminal offense,
violate the rights of any party, or that would otherwise create liability or violate any local,
state, federal, or international law, including, without limitation, the regulations of the
U.S. Securities and Exchange Commission or any rules of a securities exchange such
as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock
Market;
-material that may infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any party;
-material that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity;
-unsolicited promotions or political campaigning; or
-private information of any third party, including, without limitation, addresses, phone
numbers, email addresses, Social Security numbers, or credit card numbers.
Any use of the Site or Site Materials not expressly permitted by these Terms is a breach
of these Terms and may violate copyright, trademark, and other laws. If you wish to
make any use of material on the Site other than as set out in this section, please
address your request to: Contact@BioFit20.com
You must not reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any Site Materials, except as
follows:
-your computer may temporarily store copies of the Site / Site Materials in Random
Access Memory (RAM) incidental to your accessing and viewing those materials;
-you may store files that are automatically cached by your web browser for display
enhancement purposes;
-you may print or download one copy of a reasonable number of pages of the Site and
where we provide you access and downloadable documents on the Site, for your own
personal or business use and not for further reproduction, publication, or distribution; or
-if we provide desktop, mobile, or other applications for download, you may download a
single copy to your computer or mobile device solely for your own personal or business
use, provided you agree to be bound by any applicable end-user license agreement for
such applications.

Access to certain areas of our Site may be restricted. Any access to or use of the Site or
the Site Materials other than as specifically authorized in these Terms, without our prior
written permission, is strictly prohibited and will terminate the license granted in these
Terms and any Subscription Agreement you have with us. Such unauthorized use may
also violate applicable laws including, but not limited to, copyright and trademark laws
and applicable communications regulations and statutes. We reserve the right to restrict
access to areas of our Site, or indeed our whole Site, at our discretion. We reserve the
right to revoke your authorization to access or use the Site if we believe in good faith
that you have violated these Terms or any laws whatsoever. Unless explicitly stated
herein, nothing in these Terms or any Subscription Agreement you have with us will be
construed as conferring any license to intellectual property rights, whether by estoppel,
implication, or otherwise. The license granted by these Terms is revocable at any time.
You acknowledge and agree Company may conduct an audit of all your records that
pertain to the Site within the scope of the license granted herein electronically remotely
at any time with respect to information or records available to us based on your
interaction with us, or in person, provided that we give you reasonable notice of said
audit and conduct said audit during standard business hours between 8:00 a.m. to 5:00
p.m. or as otherwise agreed by you and us.
7. Commenting and Feedback
Company may allow posting of comments on its Site, such as in its “Community” section
or discussion forums. Any user failing to comply with the Terms may be expelled from
and refused continued access to, the ability to post comments or material in the future.
Company or its designated agents may remove or alter any user-created material at any
time for any reason. Information and material posted within these public forums may be
provided by Company, our outside contributors, and/or by users not connected with us,
some of whom may employ anonymous user names. Company expressly disclaims all
responsibility and endorsement and makes no representation as to the validity of any
opinion, advice, information, or statement made or displayed in these forums by third
parties, nor are we responsible for any errors or omissions in such postings, or for
hyperlinks embedded in any messages. Under no circumstances will we, our
subsidiaries, affiliates, officers, directors, agents, co-branders or other partners,
employees, or representatives be liable for any loss or damage caused by your reliance
on information obtained through these posted comments. The opinions expressed by
anyone other than Company itself are solely the opinions of those parties, and do not
reflect the opinions of Company or any of its subsidiaries or affiliates.
You also acknowledge and agree that any feedback, including, but not limited to,
suggestions, comments, ideas, or other information, provided by you in the form of
email or other submissions (collectively, “Feedback”) to us is non-confidential and you
hereby grant Company, its affiliates, subsidiaries, successors, and assigns an
irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable
right to use such Feedback for any purpose without any compensation or attribution to
you.
8. Important Information about Children
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service
providers obtain parental (or legal guardian) consent before they collect personally

identifiable information (PII) online from children who are under 13. Company’s Site
does not target children, and is not intended to be used by children without involvement
and approval of a parent or guardian. Therefore, we only knowingly collect personal
information through the Services from a child under 13 where that parent or guardian (or
a student’s school, district, and/or teacher has agreed to obtain parental/guardian
consent for that child) to use the Services and disclose personal information to us, for
the use and benefit of the learning environment. If you are a child or student under 13,
please do not send any personal information about yourself to us if your parent,
guardian, school, district, and/or teacher has not provided this prior consent to us, and
please do not send any personal information other than what we request from you in
connection with the Site. If we learn we have collected personal information from a child
or student under 13 without parental/guardian consent being obtained or if we learn a
child under 13 has provided us personal information beyond what we request from them
for the Site, we will take steps to verify and delete that information as quickly as
possible. If you believe that a child under 13 may have provided us personal information
in violation of this paragraph, please contact us at Contact@BioFit20.com
Parents and legal guardians, if your child is under the age of 13, consent may need to
be given in order for such child to register a User Account with the Site and/or use
certain features of the Site. You are responsible for understanding how the Site you
use, subscribe to, make available, and/or distribute on behalf of yourself or other users
may collect and use information of users of Company’s Site. If you are the parent or
legal guardian of a child who has created a User Account with us and you did not
provide your consent, you can email us at Contact@BioFit20.com to have that child’s
User Account deleted.
If you are a school, district, company, or educator, you represent and warrant that you
are solely responsible for complying with COPPA, meaning that you must obtain
advance written consent from all parents or legal guardians whose children under 13
will be accessing the Site. You are responsible for understanding how the Services you
use, subscribe to, make available, and/or distribute on behalf of yourself or other users
may collect and use information of users of Company’s Site. When obtaining consent,
you must also appropriately provide parents and legal guardians with our Privacy Policy.
You must keep all consents on file and provide them to us if we request them.
If you are an educator, you represent and warrant that you have permission and
authorization from your school, company, and/or district to use the Site as part of your
curriculum, and for purposes of COPPA compliance, you represent and warrant that you
are entering into these Terms on behalf of your school, company, and/or district. Upon
termination of a teacher or other staff member’s employment with any school, company,
and/or district, such individual must return and cease using all login details and student
access they have in their possession.
9. Purchases
Company reserves the right not to accept or process orders that do not comply with our
business policies and/or vendor agreements. Items ordered via the Site may be subject
to shipping or processing limitations, such as shipping only to physical addresses
located in the United States, or no shipping to P.O. boxes or APO/FPO addresses, and
applicable limitations may be noted in connection with available items or during the
purchasing process. All Services and products offered by Company are provided

subject to applicable U.S. federal, state, and local laws. Any offer for any product or
Service made on this Site is void where prohibited.
All orders are subject to acceptance by Company and availability. Unfortunately,
availability of products and Services cannot be guaranteed. By submitting a purchase
request to us (directly, or through our Site or our authorized vendors or affiliates) for any
item, you represent and warrant that all information submitted to us in connection
thereto is complete and accurate. At our discretion, purchase requests will be
processed, but we reserve the right not to accept your purchase request at our sole
discretion. In such case, we may inform you by email or via your User Account.
Prices (if any) indicated on each item page are exclusive of applicable taxes. Prices are
subject to change. However, such changes will not impact the price or the description of
the items for which you have already submitted a purchase request.
You may pay for your order using the payment methods available on the Site. Unless
otherwise specified at the time of purchase, you must pay for products or Services when
you place the order. By agreeing to these Terms, you represent that you are at least the
age of majority in your state or country of residence, or that you are the age of majority
in your state of residence and you have given us your consent to allow any of your
minor dependents to use this Site. The price for the purchase of items and the
corresponding costs for shipping, delivery, and/or tax, as indicated by Company, may
be charged to your chosen available payment method. You agree to pay Company (or
our authorized vendors or affiliates) in full as identified in the purchase process via the
Sites or the third-party method. To ensure that your credit card or other payment
method is not being used without your consent, Company (or our authorized vendors or
affiliates) may validate your name, address, and certain other personal information
supplied by you in placing the order. Company reserves the right to implement any
additional and/or other payment security systems from time to time.
The appearance of items displayed on the Site may not exactly correspond to actual
items in terms of image, dimensions, and color depending on your Internet browser
and/or your monitor quality. Certain areas of the Site may allow you to submit a request
to activate, use, or transfer certain stored value through the Site (Gift Card). By
submitting a request to activate a Gift Card through the Site, you represent and warrant
to us that (a) all of the information provided in connection with such activate request is
complete and correct, (b) that you are the lawful holder of the Gift Card, and (c) that you
have read and agree to be bound by these Terms and any additional terms made at the
time of purchase or activation.
9a. eGift Cards, Gift Codes and FB Wallet
Any eGift Cards purchased on BioFit20.com are non-refundable and will generate a Gift
Code that can only be redeemed to add credits to your BioFit 20 Wallet. Your BioFit 20
Wallet can be used to purchase Workout Programs, calendar-based meal plans, and FB
Plus Single Month or FB Plus auto-renew plans (auto-renew will still require a payment
method on signup in addition to the BioFit 20 Wallet).
eGift Cards, Gift Codes, and BioFit 20 Wallet balances cannot be used or redeemed for
goods or services on any other website (including teespring.com, lulu.com or other
websites that may sell BioFit 20 merchandise).
eGift Cards, Gift Codes, and BioFit 20 Wallet balances cannot be used to purchase
additional eGift Cards.

eGift Cards, Gift Codes, and BioFit 20 Wallet balances cannot be redeemed for cash.
10. Refunds and Returns
Refunds, for whatever reason, if available for the product or Service ordered, of any
payment to be received by you may take place using the same method of payment you
chose during the check-out procedure. Company, including any of its authorized
vendors or affiliates, will not be responsible for any delays or conditions beyond its
control, including without limitation delays caused by the method of payment/refund or
those attributable to the card issuer or payment service.
11. Third-Party Stuff
The Site allows (or may in the future allow) you to select, input, upload, and share
information and data in connection with and through designated user accounts
maintained by you on certain third-party social media platforms or via third parties for
services (together, “Third-Party Services”). The Site allows (or may in the future allow)
you to access Third-Party Services using the Site to post, link, message users of Third-
Party Services, or otherwise act on a wide variety of information accessed by the Site
and originating from user accounts on Third-Party Services, and to collect data and
generate reports based on these activities (collectively, “User Materials”). You are solely
responsible for User Materials. By accessing Third-Party Services through the Site, you
represent and warrant that you have the lawful right to access such Third-Party
Services, and that the creation, distribution, and reproduction of the User Materials
complies with the terms applicable to the Third-Party Services. You shall ensure that
your use of the Site, including access to or use of User Materials with the Site and
Third-Party Services, does not contain code, files, content, or programs that may
interrupt, destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment, including, without limitation, by introducing viruses or
similar code into the Site, hosted systems or servers, or systems or servers maintained
by providers of Third-Party Services accessed through the Site. Company is not
responsible for any loss or damage to User Materials. You assume all risks for the User
Materials and are solely responsible for protecting and backing up the same.
The Site may also contain links to sites, third parties, or content not under the control of
Company. Company does not assume, and expressly disclaims any and all,
responsibility for the sites and/or content of any page or material not of the Site. Links to
third-party websites on the Site are provided solely as a convenience to you. Company
has not reviewed these third-party websites, and does not control and is not responsible
for any such sites or content displayed thereon. If you decide to access any of the third-
party websites linked to the Site, you do so entirely at your own risk, and the inclusion of
any third-party link on the Site does not imply any endorsement or guarantee
whatsoever by Company of such third-party site. If you have questions or concerns
about any Third-Party Services or material available through such, you may contact us
at Contact@BioFit20.com. Once you link to a third-party site, you are subject to the
terms of use and privacy policy of such site.
12. Ads and Promotions
We may now or in the future allow advertisers and corporate partners to post content on
the Site and provide links to sites and content of third parties (collectively the
“Advertiser and Corporate Partner Content”) as a service to those interested in this

information. These advertisements may be targeted to users based on information
provided while registering for a User Account, through use of the Site, through queries
made through the Site, or based on other information. We do not control, endorse, or
adopt any Advertiser and Corporate Partner Content and we make no representation or
warranties of any kind regarding the Advertiser and Corporate Partner Content. The
types and extent of advertising by Company on the Site are subject to change. You
acknowledge and agree Company may access and use data and information received
or generated through your access to or use of the Site to identify other potential users of
the Site, demonstrate the capabilities of the Site, and/or pursue additional marketing
and promotional activities using such. You further agree that we may send you
messages, alerts, and other communications through the Site, including via email, web
alert, text messages, push notifications, and other similar means, in accordance with the
preferences you may set through the Site, and you agree to accept such messages,
and pay any applicable network access, data usage, or similar fees.
If we offer promotions, they will be subject to additional terms and conditions to which
you must agree before entering (“Promotions Rules”). The Promotions Rules are
considered part of these Terms and therefore part of the binding legal agreement
between you and us. Please read any Promotions Rules carefully before entering.
13. Subscription Options
Any portion of the Site requires you to open a User Account, you must be thirteen (13)
years of age or older, or obtain parental/guardian consent, and complete the registration
process by providing Company with current, complete, and accurate information, as
prompted by the applicable registration form or process. You may also subscribe to paid
premium content on the Site, such as FB Plus, by providing payment information and
agreeing to our Terms (“Subscription Agreement”). By creating a User Account and/or
entering into a Subscription Agreement, you represent and warrant that any information
that you submit to us is true and accurate and that you are thirteen (13) years of age or
older, or have parental/guardian consent, and are fully able and competent to enter into
and abide by these Terms and/or the terms of the Subscription Agreement. Some
jurisdictions may have different minimum age requirements and you agree to comply
with the relevant minimum age requirements in your jurisdiction. You further agree to (a)
provide accurate, current, and complete information about you as may be prompted by
any signup, login, subscription, and/or registration forms within our registration process
(“Registration Data”); (b) maintain the security of your password and identification; (c)
maintain and promptly update the Registration Data, and any other information you
provide to us, to keep it accurate, current, and complete; (d) accept all risks of
unauthorized access to the Registration Data and any other information you provide to
us; and (e) notify us immediately of any unauthorized access to or use of your User
Account or any other breach of security by emailing us at Contact@BioFit20.com
Access to or use of the Services is void where prohibited.
14. Free Trial Options
Company offers or may offer a range of subscription plans for its Site, which may be
selected as you set up a User Account, access or use the Site, and/or enter into a
Subscription Agreement with us. Certain aspects of the Site may begin with or have an
optional free trial period, and/or a ramping up period where you are able to explore the

scope of Site offered under our Subscription Agreements without charge (“Free Trial”).
Not all of the Site or functionality of such may be available during a Free Trial period.
We reserve the right to determine if you are eligible for a Free Trial and to discontinue
any Free Trial without notice for any or no reason. We also reserve the right to modify,
cancel, and/or limit a Free Trial without notice at any time.
Each Free Trial and/or subscription term will begin on the start date as set forth in the
Subscription Agreement or as otherwise set by Company (or at the end of your Free
Trial) and will continue for the term length as set forth in the Subscription Agreement.
Your subscription will automatically renew unless you or we terminate pursuant to these
Terms. The renewal terms will be for additional terms equal to the expiring subscription
term and on or in connection with the current Terms and the provisions of your
Subscription Agreement, subject to the renewal pricing provided for in your Subscription
Agreement or, if not specified in your Subscription Agreement, on standard pricing as
may be available through our Site. You are responsible for all fees related to your initial
term as well as any renewal terms.
If you wish to upgrade your subscription level or certain portions of such, please contact
us at Contact@BioFit20.com or via your User Account. Upgrading your subscription
may require a new Subscription Agreement to be executed. Any discounts applied to a
previous subscription or an initial term may not apply to a renewed subscription,
including to any automatic renewals.
15. Fees and Payments
Payment and pricing terms for those portions of the Site or products or Services offered
requiring such are as specified in the Subscription Agreement utilized to order Site
subscriptions, or as otherwise set forth by us from time to time. By entering into a
Subscription Agreement you agree to pay Company all subscription fees indicated, any
other fees for additional Services you may purchase, and any applicable taxes in
connection with your access to or use of such. All fees charged by Company are
exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be
responsible for payment of all such taxes, levies, or duties excluding taxes based solely
on Company’s income. For any paid Site products or Services, including Subscription
Agreements or other Services or features available only to a certain User Account,
unless otherwise agreed by both you and us and memorialized in your Subscription
Agreement or other relevant agreement, all payments are due within 30 days of the
billing date, and consistent with other provisions in the Terms, Company is not obligated
to issue refunds, except as otherwise stated by Company.
Unless otherwise agreed by both you and us and memorialized in your Subscription
Agreement, all payments due will be charged on the day you sign up for such or enter
into a subscription for such and will cover access to or use of such for a period as
indicated or the term for which you subscribed. Payments are made for the upcoming
billing cycle and are immediately due upon the first day of such. You will be billed for the
relevant services, access, or content, as applicable, until you properly terminate your
subscription (and corresponding User Account, if any) or Company terminates your
Subscription Agreement and/or User Account. Your termination may not take effect until
completion of the billing cycle for the then-current term.
Unless otherwise agreed by both you and us and memorialized in your Subscription
Agreement, all payments due will be charged on the day you sign up for such or enter

into a subscription for such and will cover access to or use of such for a period as
indicated or the term for which you subscribed. Payments are made for the upcoming
billing cycle and are immediately due upon the first day of such. You will be billed for the
relevant Services, access, or content, as applicable, until you properly terminate your
subscription (and corresponding User Account, if any) or Company terminates your
Subscription Agreement and/or User Account. Your termination may not take effect until
completion of the billing cycle for the then-current term.
We will bill the fees due under your Subscription Agreement or for any other agreed-to
products or Services to the credit card or other payment option you provide to us or
select during registration (or to a different credit card or payment option if you change
your payment information) or the payment process. You acknowledge that the amount
billed, including for each renewal term, may vary due to promotional offers, changes in
the subscription or Site, changes to our standard pricing, and changes in applicable
taxes, and you authorize us to bill you the corresponding amounts.
You also authorize your credit card issuer, bank, or payment service to pay any
amounts described herein and associated with your User Account and authorize us (or
a billing agent acting on our behalf) to continue charging all such amounts to your credit
card account, bank account, or payment service account until you or we terminate your
Subscription Agreement as provided herein or these amounts are paid in full, whichever
is later.
You represent and warrant that you are authorized to use such credit card, bank, or
payment service for the purpose of purchasing such subscriptions, products, or
Services from us. You further authorize us to store your credit card, bank, and/or
payment service information. You must, of course, provide us with current, complete,
and accurate billing, credit card, and Registration Data information. At the beginning of
each billing cycle, Company will make attempts to charge the applicable fee to the credit
card, bank, or payment service on record, and if we are unable to process the payment
due, the relevant subscriptions, products, or Services, and your access to them, will be
immediately disabled. You must also promptly update all billing information to keep your
User Account and Registration Data current, complete, and accurate, and you must
promptly contact Company if your credit card or other relevant account information is
lost, stolen, compromised, or if you become aware of a potential breach of account
security. You authorize us to obtain or determine updated or replacement expiration
dates for your credit card or other payment method in the event that such, as you
provided to us, expires or is terminated. We reserve the right to charge any renewal
card or payment method issued to you to the same extent as the expired or terminated
card or payment method. If payment is not received from your credit card issuer, bank,
or payment service, you agree to pay all amounts due upon demand. You also agree to
pay all costs of collection, including attorneys’ fees and costs, on any outstanding
balance. Unless otherwise stated, all fees are quoted in U.S. Dollars. Company
reserves the right, with respect to any amount not paid when due, to charge a finance
charge equal to one and one-half percent (1.5%) of the unpaid balance per month or the
highest rate permitted by applicable usury law, whichever is less, determined and
compounded daily from the date due until the date paid.
Use of the Site requires internet access and may require certain software (fees may
apply), and may be affected by the performance of these, and other, factors. You agree

that these requirements are your responsibility. The Site is not part of any other product
or offering, and no purchase or obtaining of any other product shall be construed to
represent or guarantee you access to the Site.
Company does not warrant, represent, or guarantee that its Site will be available on
your mobile device. If you do use a mobile device to access the Site, you are subject to
the terms of your agreement with your mobile device manufacturer and carrier. You may
incur charges from your mobile carrier for accessing the Site, which are solely your
responsibility.
16. Termination
You are solely responsible for properly closing any User Account or terminating any
Subscription Agreement you may have with us if you no longer desire to pay for or use
the relevant subscriptions, products, or Services. Written notice of termination by either
you or us must be sent forty-eight (48) hours prior to your renewal date, or pursuant to
the terms of any User Account or Subscription Agreement, and such termination
becomes effective at the end of the then-current subscription term. Termination is not
available during any designated free trial period. To close your User Account or
terminate your Subscription Agreement, please email us at Contact@BioFit20.com or
as otherwise indicated by Company from time to time. Suspension, amendment, or
termination does not relieve your obligation to pay amounts due and owing to Company.
If you do not amend your subscription to another subscription, upon terminating your
Subscription Agreement or any User Account you have with us, you will immediately
lose all access to the relevant subscriptions, products, or Services and any data or
information stored within your User Account or associated with the cancelled
Subscription Agreement.
If you upgrade or downgrade your Subscription Agreement, your credit card or other
payment provider as indicated in your User Account information may be immediately
charged for the new subscription fees as stated in your new Subscription Agreement.
Any downgrading of your subscription becomes effective at the end of your then-current
subscription term, and may cause the loss of User Account content, features, or
capacity. Company disclaims liability for any such loss.
Upon suspension or termination for any reason, Company will cease providing the
suspended or terminated Services; Company shall delete or confirm you have deleted
all copies of any relevant Company software or data from your webpage(s) or
computers; any outstanding balance you owe to Company will become immediately due
and payable and any collection expenses incurred will be included in the amount owed;
you will not be entitled to any refunds of any subscription fees or any other fees, unless
expressly agreed by Company; and all of your historical report data will no longer be
available to you through Company. Refunds are not granted after seven (7) days after
the start of your Subscription Agreement, or at any time if any coupon or discount has
been applied or if you have participated in the Free Trial option. You understand and
acknowledge that, unless and until all Company software and data is deleted from your
webpage, computers, or User Account, we may continue to track data on an automated
basis. Upon termination, you agree to discontinue all use of the Services, and to delete
any Confidential Information (as defined herein) in your systems within one hundred
eighty (180) days after the effective date of termination.

Company may terminate or suspend your access to use the Site, and block or prevent
your future access to and use of the Site, without prior notice or liability, if you breach
this Agreement, or for any other reason.
17. Equitable Relief
You agree that Company has expended significant monetary resources to develop,
maintain, and host the Site, and that monetary damages would be inadequate to
compensate Company for any violation of these Terms. Accordingly, you agree and
acknowledge that any such violation or threatened violation will cause irreparable injury
to Company and that, in addition to any other remedies that may be available, at law, in
equity, or otherwise, Company will be entitled to obtain injunctive relief against the
actual or threatened violation of these Terms without the necessity of posting a bond or
proving actual damages to Company.
18. Electronic Communications
By accessing the Site and submitting to us your contact information, you consent to
receiving electronic communications from us. Such communications may include
notices about your User Account and information concerning or relating to the Site. You
agree that any electronic notices, signatures, acknowledgements, transfers,
agreements, disclosures, or other communications will satisfy any legal communication
requirements, including any requirements that such communications be in writing.
19. Privacy Policy
Please refer to our Privacy Policy, which is incorporated into these Terms by reference
and also applies to your access to and use of the Site, and describes our practices and
policies related to the collection, use, and storage of information about users of the Site.
20. Legal Indemnification
You agree, at your sole expense, to defend, indemnify, and hold us, our independent
contractors, service providers, and consultants, and their respective directors,
employees, and agents, harmless from and against any and all actual or threatened
suits, actions, legal proceedings, judgments, and any other legal claims, damage
awards, or other compulsory payment or performance of any kind arising out of,
resulting from, attributable to or in any way incidental to (a) your access to or use of the
Site and/or the Site Materials; (b) your conduct; (c) your violation of these Terms; (d)
your violation of the rights of any third party; or (e) any User Content posted by you.
Company is not liable for any loss or damage that results from your failure to comply
with your obligations in these Terms or from unauthorized access to or use of your User
Account or Subscription.
We will, at our election and expense, either defend you from or settle any claim,
proceeding, or suit (“Claim”) brought by a third party against you alleging that your use
of the portion of the Site provided by us infringe or misappropriate any patent, copyright,
trade secret, or trademark, right of any third party, and indemnify you from all damages,
costs, and attorneys’ fees finally awarded in any such Claim or paid to any third party to
settle any such Claim, subject to the following limitations: our obligation under this
section is contingent on your giving us prompt written notice of the Claim; your granting
us full and complete control over the defense and settlement of the Claim; and your
providing assistance in connection with the defense and settlement of the Claim as we

may reasonably request, at our cost. You will not defend or settle any Claim eligible for
indemnification under this section without our prior written consent. Our obligation to
indemnify, defend, or settle under this section is obviated should you alter the Site or
any Site Materials, or use such contrary to these Terms or the terms of your
Subscription Agreement, if you use a version of such that has been superseded, if the
Claim could have been avoided by using an unaltered current version of the Site or Site
Materials provided to you, or if you continue to use relevant portions of the Site or Site
Materials after the end of your license. Further, Company shall not indemnify you to the
extent that an infringement claim is based upon any information, design, specification,
instruction, software, data, or material not furnished by us, for any portion of a Claim
that is based upon the combination of the Site or Site Materials with any products or
Services not provided by Company, for infringement or a Claim caused by your actions
against any third party if the Site or Site Materials as delivered to you and used in
accordance with the Terms or your Subscription Agreement would not otherwise
infringe or violate any third-party rights, or for any Claims known to you at the time
licensed rights are obtained.
If you are enjoined or otherwise prohibited from using the Site or a portion thereof based
on an allegation that the Site violates any third-party intellectual property right (including
a Claim), or if we reasonably determine that such prohibition is likely, then we will, at our
sole expense and option: (a) obtain for you the right to use the allegedly infringing
portions of the Site; (b) modify the allegedly infringing portions of the Site so as to
render them non-infringing without substantially diminishing or impairing their
functionality; or (c) replace the allegedly infringing portions of the Site with non-infringing
items of substantially similar functionality. If we determine that the foregoing remedies
are not commercially reasonable, then we may terminate the impacted Subscription
Agreement, or portion thereof, and will promptly provide a prorated refund to you for any
prepaid fees received by us for any Services properly engaged that have not yet been
performed at the time of termination. However, we will have no obligation for any
infringement or misappropriation to the extent that it arises out of or is based upon use
of the Services in combination with other products or Services if such infringement or
misappropriation would not have arisen but for such combination; any aspects of the
Site that are provided to comply with designs, requirements, or specifications required
by or provided by you, if the alleged infringement or misappropriation would not have
arisen but for the compliance with such designs, requirements, or specifications; use of
the Site by you for purposes not intended or outside the scope of the license granted to
you; your failure to use the Site in accordance with written instructions provided by us, if
the infringement or misappropriation would not have occurred but for such failure; or
any modification of the Site not made or authorized in writing by us where such
infringement or misappropriation would not have occurred absent such modification.
This section states Company’s sole and exclusive liability, and your sole and exclusive
remedy, for the actual or alleged infringement or misappropriation of any third-party
intellectual property right by the Site.
21. Professional Advice Disclaimer
The material on the Site is provided for educational purposes only, and is not to be used
for medical advice, diagnosis, or treatment. Use of the Site is subject to our Terms. You
acknowledge that participation in fitness activities via the Site involves strength,

flexibility, aerobic, cardio, and other exercises, including the use of equipment, all of
which can be potentially hazardous activities. You accept full responsibility over the
location where you engage in fitness activities via the Site, you acknowledge that
Company has no control over the location that you choose, and that the location of
participation in fitness activities involves additional risks, including, but not limited to,
those caused by terrain, facilities, temperature, weather, environment, vehicular traffic,
lack of hydration, and actions of other people.
THE SITE OFFERS HEALTH, FITNESS, AND NUTRITIONAL INFORMATION AND
ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY
ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,
PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE
ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS
CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO
NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-
RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF
SOMETHING YOU MAY HAVE READ OR VIEWED ON THE SITE. THE USE OF ANY
INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY OF
OUR SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE
PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE
TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT
LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING
HEALTH-CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR
ADVICE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE
SITE WILL MEET YOUR PERSONAL OR PROFESSIONAL NEEDS, OR THAT WE
WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SITE.
THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT
REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH,
FITNESS, AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE
CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SITE WILL ALWAYS
INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT
TO THE PARTICULAR MATERIAL.
By using the Site you: (a) acknowledge and agree that you are voluntarily participating
in fitness activities provided via the Site; (b) hereby assume and accept any and all risks
of injury, physical harm, or death; (c) acknowledge and represent that you are physically
sound and do not suffer from any illness, impairment, disease, or other condition that
would prevent you from participating in fitness activities, performing any exercises, or
using any equipment; and (d) knowingly and voluntarily, on behalf of yourself and your
heirs and assigns, forever waive, release, discharge, and hold harmless Company and
its subsidiaries and affiliates, and each of their respective officers, directors, employees,
agents, representatives, and each of their respective successors and assigns,
individually and collectively, from any and all liability, damages, losses, suits, demands,
causes of action (including, without limitation, negligence), or other claims of any nature
whatsoever, including, without limitation, any losses for property damage, personal

injury, or death, arising out of or relating in any way to your participation in the fitness
activities provided via the Site.
22. Warranties Disclaimed
THE SITE, THE SITE MATERIALS, AND ALL USER CONTENT, OTHER
SUBMISSIONS, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND
SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE
AND THE SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES
WHATSOEVER. COMPANY AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY AND OUR
LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE PERMISSIBILITY OF
THE SITE IN YOUR JURISDICTION, THE ACCURACY, SECURITY, RELIABILITY,
TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE,
THE SITE MATERIALS, AND ANY THIRD-PARTY OR USER CONTENT. COMPANY
AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH
THE SITE OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR
ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR ANY USER
CONTENT.
YOU AGREE THAT YOUR ACCESS TO OR USE OF THE SITE, THE SITE
MATERIALS, AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK. To the
extent that another party may have access to or view content on your device, you are
solely responsible for informing such party of all disclaimers and warnings in these
Terms.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN MATERIAL OR DATA THROUGH THE ACCESS TO OR USE OF THE SITE,
INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT, AT YOUR OWN
DISCRETION AND RISK. COMPANY DOES NOT WARRANT THAT THE SITE, THE
SITE MATERIALS, OR ANY USER CONTENT WILL BE ERROR-FREE, THAT
ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE
SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. COMPANY
DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE
ACCESS TO OR USE OR THE RESULTS OF THE ACCESS TO OR USE OF THE
SITE, THE SITE MATERIALS, OR ANY USER CONTENT. YOU HEREBY
IRREVOCABLY WAIVE ANY CLAIM AGAINST COMPANY, ITS AFFILIATES,
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH
RESPECT TO THE SITE, GOODS OR SERVICES PROVIDED BY US, THE SITE
MATERIALS, AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO
THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL
INFORMATION). TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY

DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER
THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES WILL
APPLY AFTER SUCH PERIOD.
23. Limitation of Liability
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS
ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING
NEGLIGENCE, SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM, ANY:
-PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SITE
MATERIALS, OR ANY USER CONTENT;
-UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN;
-INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
-BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD
PARTY; AND/OR
-ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY COMPANY OR
OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
COMPANY IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT
SHALL COMPANY’S AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION
OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN
BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE
AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS.
THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or
incidental damages, so the above limitation may not apply to you.
EXCEPT FOR LIABILITY ARISING OUT OF COMPANY’S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT,UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL
LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR
ANY APPLICABLE SUBSCRIPTION AGREEMENT (INCLUDING BUT NOT LIMITED
TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF
WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR
OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY UNDER
THE APPLICABLE SUBSCRIPTION AGREEMENT DURING THE SIX (6) MONTHS

PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL
JUDGMENT IN AN ACTION).
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF
LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO
ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN YOU AND COMPANY.
THIS ALLOCATION IS REFLECTED IN PRICING OFFERED BY COMPANY TO YOU
AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
YOU AND COMPANY. EACH OF THESE PROVISIONS IS SEVERABLE AND
INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE
LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Except for actions for nonpayment or breach of proprietary rights, no action, regardless
of form, arising out of or relating to this Agreement may be brought by either you or
Company more than one (1) year after the cause of action has accrued.
24. Enforcement
You agree that we may, without any limitation whatsoever: (a) investigate any
suspected breaches of the security of the Site or our information technology or other
systems or networks; (b) investigate any suspected breaches of the Terms; (c) involve
and cooperate with law enforcement authorities in investigating any such matters; (d)
prosecute violators of the Terms to the full extent of the law; (e) delete or modify any
materials on or available via the Site, including any materials you may submit; and (f)
discontinue the Site or terminate your access to it at any time, without notice, for any
reason and without any obligation to you whatsoever.
25. Governing Law and Applicable Venue
These Terms and your use of the Site will be governed by and construed in accordance
with the laws of the State of Tennessee, applicable to agreements made and to be
entirely performed within the State of Tennessee, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out of or relating to
these Terms or your access to or use of the Site will be filed only in the state and
federal courts located in Tennessee and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any suit, action, or
proceeding arising out of these Terms and/or your access to or use of the Site.
The United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transactions Act shall not apply to this Agreement. The
Company Services are controlled by U.S. Export Regulations, and may not be exported
to or used by embargoed countries or individuals.
Recognizing the global nature of the internet and the rapid changes around online
privacy, you agree to comply with all local rules regarding online conduct and
acceptable content. Without limiting the foregoing, you agree to comply with all
applicable laws regarding the transmission of technical data exported to or from the
U.S. or in the country in which you operate or reside and to comply with any other local
laws affecting the Site.
26. Copyright Issues
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable
laws, we have adopted a policy of terminating, in appropriate circumstances and at our

sole discretion, access to the Site for users who we have deemed, in our sole
discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or
terminate access to the Site for any users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement. Additionally, we reserve the
right to limit access to the Site for any users for reasons of our own discretion, that we
are not obligated to reveal, at any time.
If you believe that anything on our Site infringes upon any copyright you own or control,
you may file a notification of such infringement with our Designated Agent as set forth
below.
-Name of Agent Designated to receive notification of claimed infringement: Compliance
Officer
-Full address of Designated Agent to which notification should be sent: Makarios Group
3, Inc, 9160 Hwy 64 Ste: 106, Lakeland, TN 38002
-Contact Us Form
-Email Address of Designated Agent: Contact@BioFit20.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You
should note that if you knowingly misrepresent in your notification that the material or
activity is infringing, you will be liable for any damages including, but not limited to, costs
and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying
upon such misrepresentation in removing or disabling access to the material or activity
claimed to be infringing.
27. Additional Terms and Provisions
Third-Party Rights. Nothing in these Terms or in any applicable Subscription
Agreement, express or implied, is intended to or shall confer upon any third party
person or entity any right, benefit, or remedy of any nature whatsoever under or by
reason of these Terms or any applicable Subscription Agreement.Local Laws. Company
makes no representation that content or materials in the Site are appropriate or
available for use in jurisdictions outside the United States. Access to the Site from
jurisdictions where such access is illegal is prohibited. If you choose to access the Site
from other jurisdictions, you do so on your own initiative and are responsible for
compliance with applicable local laws. Company is not responsible for any violation of
law. You agree that the Site, any Subscription Agreement, and these Terms shall be
interpreted and governed in accordance with federal law and, to the extent not
preempted by federal law, with the laws of the state where Company maintains your
User Account, or, if Company transfers your User Account to another location, where
Company currently maintains your User Account. The Site shall be deemed a passive
website and service that does not give rise to personal jurisdiction over Company, either
specific or general, in jurisdictions other than the states covered by the preceding
sentence. You agree and hereby submit to the exclusive personal jurisdiction of the
state and federal courts located where Company maintains your User Account, or, if
Company transfers your User Account to another location, where Company currently
maintains your User Account. You further agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States and the
country in which you reside (if different from the United States).

Cross-Border Data Transmission. Cross-Border Data Transmission. Company is
headquartered in the United States of America (“U.S.”) and all of its primary data
storage and processing facilities are in the U.S. If you are accessing the Site from
another country, please note that all data collected will be transmitted outside of your
country and into the U.S., where it will reside and be processed. In addition, your data
may pass through or be temporarily stored or processed in countries beyond your
country and the U.S. By continuing to access the Site, you explicitly consent to have
your data so transmitted and stored. Please review our Privacy Policy to see what types
of data we collect, transmit, process, and store.
Compliance with Laws. We will strive to comply with all U.S. state and federal laws in
our provision of the Services. We reserve the right at all times to disclose any
information as necessary to satisfy any law, regulation, legal process, or governmental
request. You will comply with all laws in your use of the Site, including any applicable
export laws.
Headings. The headings of the sections contained in these Terms are for convenience
only and shall not be deemed to control or affect the meaning or construction of any
provision of these Terms.
Survival. In addition to those provisions identified in the Terms to survive termination,
all provisions of the Agreement which, by their nature, are intended to survive its
termination or expiration, shall survive its termination or expiration.
Waiver. No delay in exercising any right or remedy or failure to object will be a waiver of
such right or remedy or any other right or remedy. A waiver on one occasion will not be
a waiver of any right or remedy on any future occasion.
Notice. Any notice required or permitted to be given in accordance with these Terms
will be effective if it is in writing and sent by fax, email, U.S. mail, or insured courier,
return receipt requested, to the appropriate party using the contact information noted in
these Terms or in the Subscription Agreement between the parties. Either you or we
may change its address for receipt of notice by notice to the other in accordance with
these Terms. Notices are deemed given two (2) business days following the date of
mailing or one (1) business day following delivery to a courier or sending an email or
fax.
Force Majeure. A party will not be liable to the other should its performance under
these Terms or any Subscription Agreement be prevented, restricted, or interfered with
by circumstances or events beyond its reasonable control (“Force Majeure Event”),
provided that the effected party uses its best efforts to resume performance promptly at
the end of the Force Majeure Event..
Assignment. You will not assign or transfer any of your rights hereto or your
Subscription Agreement without our prior written consent. We may assign our rights or
obligations to any affiliate or in the event of merger, reorganization, sale of all or
substantially all of our assets, change of control, or operation of law, or to any third party
we choose without your consent.
Entire Agreement. These Terms, including all Policies, constitute the entire agreement
between Company and you concerning the Site. These Terms supersede any and all
prior agreements or communications between Company and you concerning the subject
matter of these Terms.

Authority. Each party represents and warrants to the other that it has full power and
authority to enter into these Terms and any applicable Subscription Agreement and that
such are binding upon such party and enforceable in accordance with its terms.
28. Questions and Contact Information
Questions, comments, and any other correspondence regarding our site may be
directed to us at the email address Contact@BioFit20.com
Name: Compliance Officer
Address: Makarios Group 3, Inc, P.O. Box 1012, Mount Vernon, Tennessee 98273
Contact Us Form / Email: Contact@BioFit20.com
Last Updated: October 2021