Terms of Service
These Terms of Service apply to the use of Fit People USA Programs and Service located at Fit People USA.com website. By registering as a member or by using the programs and of services of Fit People USA in any way, you accept these Terms of Service (‘Agreement’ or ‘Terms’), which forms a binding agreement between you and Fit People USA. You should also read and understand the Fit People USA Privacy Policy, which is incorporated by reference into this Agreement and is available on the Fit People USA.com website. We advise you to read these Terms and Conditions carefully so that you are aware of your rights and responsibilities when using FitPeopleUSA.com. Questions about the Terms of Service should be sent to [email protected].
Prior to using Fit People USA.com Programs and Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of Fit People USA.com Programs and Service is at your own risk and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
If you do not accept and agree to be bound by all of the Terms of this Agreement, including our private policy, limitations of liability, warranty disclaimers and general health and legal disclaimers, do not use the site of the Fit People USA Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
Health Warning and Liability Disclaimer:
You should consult your physician or other health care practitioner before starting this or any other exercise program. This is particularly true if you or your family have a history of high blood pressure or heart disease, of if you have experienced discomfort while exercising. Nothing stated or posted on the Fit People USA.com website (Programs and Service) is intended to be, and must not be taken to be, to overrule your doctor's advice. Your use of Fit People USA.com Programs and Service is at your own risk. If your experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
Age Requirement: Children under 16 years of age should not use the products of Fit People USA.com Programs and service
Notice to parents and guardians: You are responsible for monitoring and supervising your child’s use of Fit People USA.com Programs and Service.
General Disclaimers
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That Fit People USA.com Service or any fitness program is suitable for you.
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Regarding the adequacy or safety of the Fit People USA.com Service for any particular user;
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That the Fit People USA.com Service will meet your personal needs;
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That the Fit People USA.com Service will be permitted in your jurisdiction;
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That the Fit People USA.com Service will be uninterrupted or error-free;
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Concerning any content submitted by any member;
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Concerning any third party’s use of content that you submit;
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That Fit People USA.com will continue to support any particular feature of the Fit People USA.com Programs and Service; or
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Concerning sites and resources outside of the Fit People USA.com website, even if linked to from the Fit People USA.com
Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Fit People USA (Fit People USA.com /Programs and Services) or its future affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Fit People USA.com total liability to you shall not exceed the amounts paid by you to Fit People USA.com the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
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What information we may collect about you;
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What we use that information for; and
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When and with whom we share that information.
Membership Provisions
REGISTRATION: To fully use Fit People USA Programs and Service, you must register as a member by providing a username, password, valid email address and valid credit card information. You must provide complete and accurate registration information to [email protected] and notify us if your information changes.
USERNAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Fit People USA.com. If you wish to inquire about possible commercial use, please contact us at [email protected].
Fit People USA.com may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Fit People USA Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at [email protected].
In case of technical problems, Fit People USA has up to 72 hours to restore on working days Monday-Friday.
Presently the memberships mentioned hereunder are available*:
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Gold – subscription for a minimum of 3 months, always 1 month notice period
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VIP - subscription for a minimum of 3 months, always 1 month notice period
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Heavenly Health – subscription for a minimum of 3 months, always 1 month notice period
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Membership basic – subscription for a minimum of 3 months, always 1 month notice period.
Please note that subscriptions are for an indefinite period of time.
Payments
Auto billing; Subscription Fees. The Fit People USA is a paid, auto-renewing subscription service. If you purchase a subscription, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. When applied for a subscription, a probation period of two weeks is granted and free of charge, this applies to ArthroFit, BackFit, Perfect Pilates. On the 15th day your Subscription officially starts and will be at least for three (3) months. Subscriptions will continue for an indefinite period of time until cancelled by you with a period of one month notice. Note: Heavenly Health Food program is excluded from this 2-week free period.
In case the selected purchased program is not satisfactory, it may be changed only once for another available program within 30 days of the purchase date. A request mail is to be sent to [email protected],
When registering with Fit People USA, the first two weeks are free of charge, if you do not wish to continue, you should notify [email protected] before the expiry date of the 14day free period.
You will be charged in accordance with the billing terms you agreed to at the time you signed up. If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, you can contact [email protected]
Termination of the subscription
has to be submitted by the customer itself and not by a 3rd person. In exceptional cases it can be done by a legal representative.
Please email to [email protected] . if you are having any issues so they can guide you. For possibly future reference keep your email correspondence with respect to cancellation subscription.
The pricing of our Programs and Service may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best price.
Many of our Subscriptions are monthly subscriptions, which means that by signing up for the Service you are agreeing to have your credit card automatically billed each month until you cancel your subscription. You may cancel your Fit People USA subscription at any time but note that your cancellation will take effect starting at the end of your current billing period with one-month notice.
We offer Subscriptions for 12, 6 with a minimum of 3 months fixed. Subscriptions are for an indefinite period of time. It is up to you how long you want to stay a member of Fit People USA. These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected. The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by informing by Fit People USA by email.
REFUNDS.
Sorry, there are no refunds on Fit People USA subscriptions for billing periods that have already lapsed or started.
AUTHORIZATION.
When you sign up for our Service and provide a payment method to Fit People USA, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE FIT PEOPLE USA APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. YOU ARE RESPONSIBLE TO NOTIFY [email protected] OF ANY ISSUES WITH YOUR ACCOUNT IMMEDIATELY, SO WE CAN RESOLVE THE ISSUES..
CHANGES.
Fit People USA may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Fit People USA’s sole discretion.
Fit People USA may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
Term and Termination; Account Deletion
TERM:
This Agreement begins on the date you first use the Fit People USA.com and Fit People USA Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, send an email to [email protected].
An email will be sent to the email address we have on file for that subscription confirming the cancellation has gone through
ACCOUNT DELETION:
We reserve the right, but are under no obligation to, to delete an account from the Fit People USA.com Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH:
Fit People USA may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Fit People USA determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Fit People USA’s reputation or goodwill. If Fit People USA deletes your account for the foregoing reasons, you may not re-register for the Fit People USA Service. Fit People USA may block your email address and Internet Protocol address to prevent further registration. Fit People USA is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Fit People USA will terminate.
Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
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Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
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Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
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Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
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Advocates harassment or intimidation of another person;
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Exploits minors;
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Depicts unlawful acts or extreme violence;
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Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
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Depicts animal cruelty or extreme violence towards animals; or
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Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
Code of Conduct and Prohibited Activities
In using the Fit People USA Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
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Act in a deceptive manner by, among other things, impersonating any person;
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Harass or stalk any other person;
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Harm or exploit minors;
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Distribute “spam”;
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Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
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“Frame” or “mirror” any part of the Service or the Site;
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Use meta tags or code or other devices containing any reference to Fit People USA the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Fit People USA to direct any person to any other website for any purpose;
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Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
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Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
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Collect information about others;
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Advertise or solicit others to purchase any product or service within the Fit People USA Site;
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Promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
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Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.; or
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Participate in any activity that in any way violates any law.
Fit People USA has the right, but not the obligation, to monitor all conduct on and content submitted to the Fit PEOPLE USA.com and Service. Fit People USA reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
Fit People USA reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Fit People USA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
FIT PEOPLE USA is not responsible for the attitudes, behavior and statements of the community as such.
Submissions
As between you and Fit People USA.com, you own all content that you submit to the Fit People USA.com Service, whether directly via the Fit People USA.com, FIT PEOPLE USA Service or indirectly (for example, via Facebook or Instagram. However, it is important that you understand that by posting a submission to Fit People USA.com or Fit People USA Programs and Service, you are granting Fit People USA.com, Fit People USA Service and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the Fit People USA.com and Fit People USA Programs and Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Fit People USA.com on improving or adding new features to the Fit People USA.com or Fit People USA Service, Fit People USA.com shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Fit People USA.com and grant the licenses set forth above; (ii) FIT PEOPLE USA will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
Indemnification
You agree to indemnify, defend, and hold harmless Fit People USA. com, Fit People USA and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Fit People USA.com Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Fit People USA.com violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Fit People USA.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fit People USA.com in connection therewith.
License to Use FIT PEOPLE USA Service/Intellectual property rights
LICENSE:
Fit People USA, the owner of the licensee of all intellectual property rights, grants you a limited, non-exclusive license to access and use the Fit People USA Programs and Service for your own personal, non-commercial purposes. This includes the right to view content available on the Fit People USA Programs and Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS:
Except as expressly permitted by Fit People USA in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Fit People USA Service. Nor will you take any measures to interfere with or damage the Fit People USA Service. All rights not expressly granted by FIT PEOPLE USA are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:
These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps).
Your use of the FIT PEOPLE USA Service through any applications or device constitutes your agreement to be bound by these Terms.
Any FIT PEOPLE USA application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Android Marketplace, your console’s app store, etc.) is licensed, not sold, to you for use only under these Terms. We, the licensor, Fit People USA, LLC. (Application Provider) reserve all rights not expressly granted to you.
Third Party Links and Content
Certain links on FitPeopleUSA.com Sites and/or Fit People USA Programs and Service may let you leave the particular FitPeople USA.com, Fit People USA Site and Fit People USA Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that FitPeopleUSA.com and Fit People USA do not control these sites, nor has Fit People USA.com and Fit People USA reviewed or approved the content which appears on the linked sites. Fit People USA.com and Fit People USA is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Fit People USA.com and Fit People USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties
More specifically, your participation, correspondence or business dealings with any third party found on or through the Fit People USA.com and Fit People USA Sites and Service (i.e. a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Fit People USA.com and Fit People USA shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge that the Fit People USA.com and Fit People USA Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Fit People USA.com and Fit People USA-generated Content and Content developed for Fit People USA.com and Fit People USA by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Fit People USA.com and Fit People USA own a copyright in the selection, coordination, arrangement and enhancement of all Content in the Fit People USA.com and Fit People USA Site. The FitPeopleUSA.com and Fit People USA name, logos and affiliated applications and technologies are the exclusive property of Fit People USA.com and Fit People USA LLC. Fit People USA owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. E-books should not be transmitted to third parties, in case of violation, a penalty of $10.000 is to be made payable to Fit people USA within one week’s time.
Copyright / DMCA Policy
You may submit this information via:
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Email: [email protected]
If you believe that your material has been removed by mistake or misidentification, please provide Fit People USA.com with a written counter-notification containing the following information:
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Your name, address, and telephone number.
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A description of the material that was removed and the location on the Fit People USA Site (e.g., the URL) where it previously appeared.
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A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
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A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which fitpeopleusa.com and Fit People USA may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
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Your electronic or physical signature.
You may submit this information via:
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Email: [email protected]
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Offline: [email protected] and Fit People USA’s Copyright Agent
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Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.