Terms and conditions
Terms and Conditions
Welcome to The Maresca Way!
These terms and conditions outline the rules and regulations for the use of Fit Enterprises LLC's Website, located at www.themarescaway.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use The Maresca Way if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. “FE”, “The Website”, "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
By using the Website or by clicking to accept or agree to these Terms and conditions, (a) you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor; and (b) you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian and that the minor is 13 years of age or older. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is not intended for, and should not be used by, children under the age of 13, even with parental consent.
Upon registration as a member, you will be provided with a password and account login information. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.
If we reasonably suspect that you, or a user on whose behalf you register (including a minor), have breached these Terms of Use, we may immediately suspend or terminate your account or your access to the Website, without refund, and take appropriate legal action (if we choose) against you and others acting in concert with you. Further you acknowledge that FE is entitled to suspend or terminate your use of the Website or membership at any time if FE considers that you have brought, or may bring, the reputation of FE or its members into disrepute.
If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure their compliance with these Terms and conditions.
CONDITIONS OF USE OF SITE
Seek Advice from a Medical Professional
As with any physical activity, it is important that before beginning any fitness program or regime, you consult with your health care professional to ensure that you are aware of your current health and any restrictions that apply to you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
Our Service
Our service shall be delivered as described from time to time on our Website. You acknowledge and understand that access to any specific trainer mentioned in the Website, including Steven Maresca, in person or on-line, is not guaranteed.
Information Provided on Website
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as of the date of publication. We may update any information at any time. You acknowledge that the information on the Website may not be the most current. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete, and we make no guarantees of any specific result from use of this Website or the information services provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
The FE team includes experts on nutrition and fitness. Our experts may receive requests from members about that member’s specific circumstances. Our experts may provide health, fitness or nutritional information, but will do so for educational purposes only and not as medical advice. We do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation.
Nutritional information
Nutritional information provided on the Website is taken from sources provided by third parties, including the USDA and food manufacturers, where applicable. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. Neither FE nor any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes.
There are limitations associated with food composition and nutritional information databases. Nutrient data published in a database may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time.
Fitness level
You must be in a moderate level of fitness to follow the exercise programs set out in our information service and on our Website. Persons with pre-existing medical conditions, in poor health, or those commencing a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. For example, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:
- pregnant women;
- women who are breastfeeding;
- persons with any ongoing physical condition;
- persons suffering from cancer or other long-term illness;
- persons with liver disease, kidney disease, or renal failure;
- persons with eating disorders;
- persons with diabetes, blood pressure or cholesterol issues;
- elderly persons;
- persons recovering from or recently recovered from illness or injury; and
- persons with a low body mass index.
Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” under any State civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction, you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
Quality of Website
We do not promise that the Website will be error-free or uninterrupted. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low Internet connection speeds may result in an inability to view high resolution videos, but we will use reasonable efforts to provide an alternative wherever possible.
You may be entitled to a refund in limited circumstances.
Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of any of our products or services, including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failures to act of any third parties referenced on the Website (including User Content of other users of the websites referred to below). Where the information made available over the Website contains opinions or judgments of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
By way of example, the members-only area of the Website may contain feeds from The Maresca Way Facebook pages and Instagram account and are for educational purposes only and are not intended as a substitute or replacement for professional medical advice, diagnosis, treatment, or rehabilitation. These messages could contain a range of content: marketing materials, testimonials, recipes, encouragement to members, and articles from third party sites.
Non-FE Products or Services
Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from FE. If, in the opinion of the FE, members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then FE reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.
Security of Information
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Understand, however, that no electronic means of transmission or storage are entirely secure, and we cannot take responsibility for any data loss, access or theft.
Cookies
We employ the use of cookies. By accessing The Maresca Way, you agreed to use cookies in agreement with the Fit Enterprises LLC's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Fit Enterprises LLC and/or its licensors own the intellectual property rights for all material on The Maresca Way. All intellectual property rights are reserved. You may access this from The Maresca Way for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from The Maresca Way
- Sell, rent or sub-license material from The Maresca Way
- Reproduce, duplicate or copy material from The Maresca Way
- Redistribute content from The Maresca Way
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of, but not entirely by, the Terms And Conditions Generator and the Privacy Policy Generator.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Fit Enterprises LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Fit Enterprises LLC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Fit Enterprises LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Fit Enterprises LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Fit Enterprises LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Fit Enterprises LLC; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Fit Enterprises LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Fit Enterprises LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Your Privacy
Please read Privacy Policy
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
When the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Payment and Cancellation
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to the Website and our services are always subject to payment first being made by you. For the avoidance of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.
We may use PayPal payment gateway or a similar service for financial transactions. We may also allow you to pay for your subscription fees and other items using a credit card. You agree that we will not be held liable for any loss you incur arising from your use of any payment method unless caused by our fraud.
For users in the United States, we collect and remit sales tax in connection with the sales of goods and services where applicable and required by U.S. or state law.
In order to cancel the program, please email us fitenterprisesllc@gmail.com.
- There are no cancellation fees with the monthly Maresca Way plan. You can cancel at any time and your monthly automatic billing will be terminated. There are no prorated monthly refunds associated when you cancel.
- For purchases through the shop, the item must be in its original packaging, and upon return of the item, we will issue a full refund not including shipping.
- Any refunds will be processed within 12 business days.
Upon receipt of a cancellation (or refund if applicable) your agreement with us will terminate and we will cancel your account. You agree that cancellation of your account and any applicable refund will be your sole remedy for your cancellations and returns.
