Terms of Use Agreement for Fit2Sell, Inc.

This Terms of Use Agreement ("Agreement") is a legally binding contract between you (whether personally or on behalf of an entity) and Fit2Sell, Inc. ("Company," "we," "us," or "our"). It governs your access to and use of the Fit2Sell, Inc. website, along with any other media forms, channels, mobile websites, or applications connected to it (collectively referred to as the "Site").

Section 19 - Dispute Resolution: Please note that Section 19 outlines the procedures for resolving claims between you and Fit2Sell, Inc. This includes an arbitration agreement, which, with limited exceptions, mandates disputes to be submitted for binding and final arbitration. By agreeing to these terms, you are waiving the right to pursue claims against us in a court of law and to have a jury trial. Refer to Section 19 for detailed information on the arbitration agreement and how to opt out if desired.

1. Agreement to Terms: By accessing the Site, you affirm that you have read, understood, and agree to be bound by all the terms outlined in this Agreement. If you do not agree with these terms, you are expressly prohibited from using the Site, and you must discontinue use immediately. Your access to the Services is contingent upon your compliance with this Agreement. We reserve the right to temporarily deny or permanently terminate your access if, at our sole discretion, you fail to abide by the terms herein.

Supplemental terms and conditions or additional documents posted on the Site are expressly incorporated into this Agreement. We reserve the right to make changes or modifications to these Terms of Use at any time, notifying you by updating the "Last updated" date. Your continued use of the Site after such updates constitutes acceptance of the revised terms.

Access to the Site is not intended for individuals or entities in jurisdictions where such access would violate local laws or regulations. Users must comply with local laws applicable to them.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. Intellectual Property Rights: Unless otherwise specified, the Site is the proprietary property of Fit2Sell, Inc. All Content (source code, databases, software, designs, media, trademarks, service marks, and logos) is owned or controlled by us and protected by applicable laws. No part of the Site, Content, or Marks may be used for commercial purposes without our express written permission. Users are granted a limited license for personal, non-commercial use, subject to compliance with these Terms of Use.

3. User Representations: By using the Site, you represent and warrant that all registration information is true, accurate, and current. You agree not to access the Site through unauthorized means, use it for illegal purposes, or violate any applicable laws. Providing untrue or incomplete information may result in the suspension or termination of your account.

4. User Registration: Registration may be required to access certain features. You agree to keep your password confidential, notify us of security breaches promptly, and not disclose your password to unauthorized individuals. We reserve the right to change or reclaim usernames deemed inappropriate.

5. Fees and Payment, Autorenewal: Some services may require payment, and you agree to provide accurate billing information. Subscription fees are subject to recurring charges, and you authorize recurring charges without requiring prior approval for each transaction. Subscription fees are non-refundable. We reserve the right to modify fees with notice.

6. Cancellation: You can cancel your subscription at any time. No refunds are provided for partial billing periods. Contact us to cancel. For disputes, email info@fit2sell.co.

7. Prohibited Activities: The Site may only be used for its intended purpose. Prohibited activities include violating laws, disparaging Fit2Sell, using the Site for commercial purposes without authorization, using automated systems, and engaging in unauthorized access or interference.

8. User Generated Contributions: The Site may allow users to submit content ("Contributions"). By submitting, you warrant that Contributions are truthful, original, and comply with these Terms of Use. Fit2Sell does not claim ownership of Contributions.

9. Contribution License: You agree that Fit2Sell may use, store, and process information and personal data provided by you as outlined in the Privacy Policy. Feedback and suggestions regarding the Site ("Submissions") may be used by Fit2Sell without compensation.

10. Submissions: Any information, suggestions, or feedback provided by you to Fit2Sell is non-confidential and becomes Fit2Sell's sole property, with exclusive rights for use.

11. Third-Party Websites and Content: Links to Third-Party Websites and Third-Party Content on the Site are not endorsed by Fit2Sell. Users accessing external sites do so at their own risk and should review the terms and policies of those sites.

12. Advertisers: Fit2Sell provides space for advertisements but takes no responsibility for their content. Advertisers are responsible for the legality and appropriateness of their ads.

13. U.S. Government Rights: If our services are acquired by the U.S. government, specific regulations apply as outlined in this section.

14. Site Management

FIT2SELL reserves the right, but is not obligated, to:

1. Monitor the Site for violations of these Terms of Use.

2. Take appropriate legal action against anyone who, in FIT2SELL's sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities.

3. Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.

4. In FIT2SELL's sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.

5. Otherwise manage the Site in a manner designed to protect FIT2SELL's rights and property and to facilitate the proper functioning of the Site.

15. Privacy Policy

We care about data privacy and security. By using the Site, you agree to be bound by FIT2SELL's Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised that the Site is hosted in the United States. This may involve a transfer of your personal information across international borders. The data protection standards may differ and be lower than the standards enforced in your jurisdiction.

16. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. FIT2SELL reserves the right, without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or for no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. FIT2SELL may terminate your use or participation in the Site, delete your account, and any content or information you posted, at any time, without warning, in its sole discretion.

If FIT2SELL terminates or suspends your account for any reason, you are prohibited from registering and creating a new account. In addition to terminating or suspending your account, FIT2SELL reserves the right to take appropriate legal action, including civil, criminal, and injunctive redress.

17. Modifications and Interruptions

FIT2SELL reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at its sole discretion without notice. FIT2SELL has no obligation to update any information on the Site. FIT2SELL also reserves the right to modify or discontinue all or part of the Site without notice at any time. FIT2SELL will not be liable for any modification, price change, suspension, or discontinuance of the Site.

FIT2SELL cannot guarantee the Site will be available at all times. Hardware, software, or other problems may occur, resulting in interruptions, delays, or errors. FIT2SELL reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. You agree that FIT2SELL has no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use obligates FIT2SELL to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

18. Governing Law

These Terms shall be governed by and defined by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and FIT2SELL agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California, in courts situated in Sacramento County, or in federal court for the Eastern District of California.

19. Dispute Resolution

Please refer to the original document for the detailed Dispute Resolution section, as it appears comprehensive and aligned with FIT2SELL's interests.

20. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. FIT2SELL reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

21. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND FIT2SELL'S SERVICES WILL BE AT YOUR SOLE RISK...

22. Limitations of Liability

IN NO EVENT WILL FIT2SELL OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF FIT2SELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FIT2SELL'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FIT2SELL DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THESE STATES OR COUNTRIES, FIT2SELL'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

23. Indemnification

You agree to defend, indemnify, and hold FIT2SELL harmless, including its subsidiaries, affiliates, and all respective officers, agents, partners, contractors, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Use of the Site.

2. Breach of these Terms of Use.

3. Any breach of your representations and warranties set forth in these Terms of Use.

4. Your violation of the rights of a third party, including but not limited to intellectual property rights.

5. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

FIT2SELL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FIT2SELL, and you agree to cooperate, at your expense, with FIT2SELL's defense of such claims. FIT2SELL will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.

24. User Data

FIT2SELL will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although FIT2SELL performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that FIT2SELL shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against FIT2SELL arising from any such loss or corruption of such data.

25. Electronic Communications, Transactions, and Signatures

Text remains the same as in the original document.

26. Miscellaneous

These Terms of Use and any policies or operating rules posted by FIT2SELL on the Site constitute the entire agreement and understanding between you and FIT2SELL. FIT2SELL's failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. FIT2SELL may assign any or all of its rights and obligations to others at any time. FIT2SELL shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and FIT2SELL as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against FIT2SELL by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.