FREQUENTLY ASKED QUESTIONS
Everything You Need to Know About FITOPIA and EMS.
Electrical Muscle Stimulation (EMS) is a training method that delivers electrical impulses that stimulate muscle contractions. EMS amplifies the natural process of muscle stimulation to encourage your muscles to work harder. Depending on the pulse frequency, duration of contraction, duration of rest, and length of training session, we can simulate various types of muscle “work”
At FITOPIA, we use FDA-cleared EMS machines and specially designed training suits that contain electrodes to deliver the pulses to the major muscle groups. The stimulation creates stronger, more intense muscle contractions as compared to conventional training, making EMS much more efficient and effective in developing strength, and stamina.
Yes. With a 20-minute training duration, FITOPIA EMS training can stimulate the same muscles as 60-90 minutes of conventional training, that is dependent on smaller muscle group training, using a sequence of exercises.
Yes. FITOPIA has partnered with an EMS manufacturer that has received FDA clearance for the EMS machines and training suits.
Please refer to Contraindication FAQ and Relative Contraindication FAQ for list of restrictions
At FITOPIA, our trained personal trainers lead each private (or semi-private) session. After reviewing all contraindications, we begin with a body scan that reports a series of biometrics, from body fat percentage to resting metabolic rate. It gives you and your trainer a comprehensive picture of your current state to monitor future progress and helps set end goal.
The trainer fits you in a FITOPIA-issued workout clothing and a suit which is fitted with carbon-fiber electrodes. The trainer mists some water on your suit’s electrodes to make the signal more conducive and more effective.
The suit is then coupled with the battery-operated EMS machine. The trainer monitors and adjusts the electrical pulses to your level of comfort for each muscle group. Once the levels are set, then the trainer will lead you through 20 minutes of workout which includes series of basic movements, without using any weights. Throughout the 20-minute workout, the trainer may adjust the electrical pulses amplification up or down, based on your level of comfort and threshold.
Your actual workout will be low-impact and deceptively easy. As the electrical impulses continue, you will feel a tingling sensation across your muscle groups; you will also feel your muscles contracting at the same time.
The trainer will direct you to time your breathing to each impulse (muscle contraction), not lock your knees, and squeeze the muscle group you want to focus on during the exercise. The trainer will also challenge you to take on more resistance. It will feel like you’re doing so much more than simply squatting, lunging, and reaching overhead.
Within 20 minutes, we will have stimulated same number of muscles as a typical 60-90 minutes of conventional workout.
At FITOPIA, our training:
- Assists strengthening muscles
- Improves muscle tone and strength by stimulating deep muscle fibers
- Through the use of special settings including pulse width – can stimulate deep muscle fibers
- May bring positive changes in body composition
- Can help increase muscle mass
- Helps burn calories.Remember, calories are burnt in significant amount only when most of the body is involved in physical exercise
- Stimulates major muscle groups simultaneously (instead of sequentially when using conventional methods)
Our clients feel a difference after their first EMS session. Below are the typical responses from our clients:
24–48 HOURS: After a day or two, you’ll feel some muscle stiffness, which is normal and is indicative of your body’s recovery process.
4 WEEKS: Within a period of about 4 weeks, you might feel stronger as you improve your muscle mass.
1–2 MONTHS: After roughly 6 to 8 sessions (6 to 8 weeks) you may not only feel, but also see a visible difference from the EMS training in the form of gradually increased muscle formation and body composition change (depending on your diet). EMS training should be done regularly to ensure and maintain optimal results.
Your FITOPIA personal trainer will advise you on the best way to use EMS training within your current fitness regime. Depending on your current level of fitness, EMS training can be used alongside other cardio training. Based on your frequency of visits, outside heavy weight-lifting training may be limited.
Just like conventional exercises, regular long-term EMS training is just as important. The performance capacity of your muscles can only be maintained with regular training. And, just like with conventional power training, if you stop exercising for extended periods of time, your muscles will eventually return to their former (pre-training) state.
FITOPIA EMS is recommended for muscle building, toning the body and weight reduction. During a 20-minute full body workout with FITOPIA EMS, majority of the muscle fibers are contracted at the same time. Unlike with conventional strength training, the deep-lying muscles are also stimulated.
- Only concentrate on one muscle group at one time
- Usage of the muscles is dependent on the chosen exercise
FITOPIA EMS Training:
- Electrical muscle stimulation is combined with exercises
- Muscle groups are evenly stimulated
No. The electrical impulse is low impulse and completely safe. The feeling of the impulse is gentle and non-invasive. Our personal trainers will work with you to set the different muscle-group settings to your individual level.
Yes. FITOPIA EMS only uses FDA-approved machines and suits. EMS training, at its core, imitates the natural process of muscle contraction. Our EMS machines emit a low frequency stimulus to activate intense muscle contractions; the personal trainer will ensure your individual training levels are set to help you achieve maximum output.
EMS technology has been used for decades in medicine and professional sports. The use of low-frequency impulse current is widely used in the fitness industry and in the medical field for rehabilitation therapy. Our FDA-cleared devices fulfill the highest safety standards.
The resulting muscle contractions are similar to the usual movement and the regular contractions of the muscles. EMS technology uses this natural principle but can intensify the contraction by applying special stimulation parameters. Furthermore, EMS technology is safe, because:
- With EMS only skeletal muscles can be stimulated. EMS does not have any effects on smooth muscles.
- The electrical intensity of the current is reduced to a minimal amount before reaching internal organs because of its high resistance, thus EMS does not have any effect on internal organs.
- The electric current flows directly from one part of the electrode pairs to the second part without going any other way in the body, thus, with EMS, only the superficial skeletal muscle layers are stimulated, and the current does not reach internal organs.
- Thanks to this biphasic, square impulse a safer stimulation is reached with a pleasant feeling, without skin irritation or an electrical-shock feeling
FITOPIA EMS is also a low- to no-impact training – so it is easy on the joints. We also review contraindications and encourage our clients to update us of changes so we may take necessary precautions.
FITOPIA EMS has been scientifically proven to be effective for people of different fitness levels and different age groups. An athlete can train next to a physically inactive client and both will receive challenging workouts that fit their level of exercise. Similarly, a younger adult and an older adult can train next to each other and training can be geared with not only intensity-level but also with impact-level.
Just like conventional exercises, our EMS training also has certain contraindications. We require our clients be over the age of 18 (14+ with Parental Consent). Also, our EMS training is not advisable for certain groups who should not be exposed to physical stress or engage in sports; please refer to the consent forms for the full list. Also, pregnant clients are not able to train with EMS. We always recommend speaking with your General Practitioner if you are unsure.
EMS Training may not be performed for the following contraindications:
- Implanted or external medical device (e.g., cardiac pacemaker, implanted defibrillator)
- Severe cardiovascular disease (e.g., severe heart or aortic disease)
- Severe neurological disorder
- Medication-controlled or medication-uncontrolled seizures or convulsions (e.g., epilepsy)
- Severe Neuromuscular disorder (e.g., rhabdomyolysis or any disorder affecting nervous system and muscles and causes rapid breakdown in muscle structure)
- Cancerous lesions (e.g., Breast Cancer)
- Severe nephrological disease (e.g., chronic kidney disease)
- Existence or a tendency of internal bleeding
- Areas of skin that are inflamed, irritated, infected, wounded, burned or oedematous (e.g., swollen)
- Any type of intensive training for two days before FITOPIA WB-EMS training to avoid injury (including participating in EMS training within the past 48-hours)
- Will have any type of intensive training for two days after FITOPIA WB-EMS training
- New tattoo(s)
Our clients must receive physician’s approval to conduct EMS Training if diagnosed with or receiving treatment for the following:
- Metal implants – we must make sure that electrodes are used in a way that it is impossible for electrical current to flow through the affected area (e.g. set intensities of such channels to 0)
- Non-metallic or other implants (e.g. ceramic or silicone implants, gynecological, hormonal implants)
- Less severe cardiovascular condition (e.g. hypertonia, high blood pressure)
- Recent surgical procedure, medical intervention or acute trauma
- Any type of hernia (e.g. abdominal or inguinal hernia)
- Chronic disease or fever
- Contagious disease or any acute or chronic infections (bacterial or viral)
- Painful, sensitive skin or skin areas lacking normal sensation
- Menstrual cramps
- Taking anticoagulant medication
- Participate in any medical treatment (e.g. drug treatment)
- Participates in any drug or alcohol abuse treatment
- Have any mental deficit (client can only use our services with guardianship)
- Any other disease or unusual, abnormal physical condition or symptom
On average, you could save 2.5 hours a week by training with FITOPIA EMS as compared to conventional methods. Research has shown that 20 minutes of FITOPIA EMS is equivalent to 60-90 minutes of conventional training (e.g., session at the gym or an exercise class). One session of EMS training per week can make a big difference to your muscle-mass increase and body-composition change whereas conventional training may require about twice a week to deliver visible results; this adds up to around 3 hours of conventional training each week.
We provide all of the things you need to train, so there is no need to bring anything with you. Just come as you are! When you arrive at the studio, you’ll find a freshly laundered training suit to wear (you can choose to purchase your own personal training suit if you prefer). For your trial session, please allow a bit of extra time because we will spend a few minutes before the workout taking the necessary personal information and talking through what you want to achieve from training. Your first full membership session will be a little longer than the standard weekly workout. At the start of this session we’ll take a record of some key body stats that will form the basis of your progress chart. For every session thereafter, you need only allow 30 minutes (ten for changing and having a drink, twenty for your workout).
At FITOPIA, we only use FDA-Approved machines and body suits. We hire certified personal trainers, yoga instructors and Pilates instructors. Our approach is consultative in nature and we work with you at every step of the way to ensure we are working towards helping you meet your personal goals.
We know some our clients are pressed for time and some of our clients want easy access to our facilities. We have engineered our clinics around those needs. Our studios are situated in retail spaces for easy access and have ample parking. We provide shower facilities and stock water to make the training process as convenient as possible.
All trainers at FITOPIA are experienced and qualified personal trainers. We provide our trainers further training on our equipment and hands-on training before seeing any clients. Our personal trainers not only have professional background knowledge about fitness training but can also advise on training and nutrition-related questions – so we can help our clients achieve their personal goals.
No. EMS training has been extensively researched over the past few decades. FDA took the research and practical data into consideration before clearing the machines and suits we use at FITOPIA.
Our training sessions are high intensity training sessions; it is therefore important to have a sustainable meal (carbohydrate and protein-based) 2 to 3 hours prior to training. We also recommend drinking at least 16oz of water an hour before training to ensure proper hydration.
Dress comfortably. For your initial session we will provide you with the specially designed FITOPIA undergarment shirt and tights for your training session. After you sign up for longer-term training, you will use your purchased undergarments. You can train barefoot or wear sneakers.
Yes. At FITOPIA, we schedule each training session to accommodate up to two people. It’s often more fun and motivating if you train with someone you know.
There is no upper age limit by FITOPIA EMS. As whole-body EMS technology is an extremely effective training method in a joint-friendly way and it is only 20 minutes, it can offer alternative opportunities regardless of age; it is highly recommended for elderly clients.
People have two general types of skeletal muscle fibers: slow-twitch (type I) and fast-twitch (type II). Type I (slow) muscle fibers are predominately used in endurance activities. Long distance runners, swimmers, and cyclists mostly use Type I fibers. Type II (fast) muscle fibers are used in such activities, as sprinting, powerlifting, and bodybuilding. Because of the aging phenomenon Type II muscle fibers are atrophied significantly. Thanks to electrical muscle stimulation we can activate the required type of the muscle fibers depending on the frequency of the stimulation. As we can target directly Type II muscle fibers, we can prevent them to be atrophied. Through the combination of EMS with low impact exercises, stress on the joints can be reduced to a minimal level compared to other sports (including regular training with weights), thus it is an extremely effective way to avoid injuries.
Elderly people with geriatric diseases:
Our consent contains all of the contraindications (when it is forbidden to undergo any kind of EMS training sessions) and relative contraindications (when medical consultation is obligatory) regarding EMS Training. If these rules are followed than complications might be avoided.
Yes. In the professional sports field, where strength, power, and speed are vital, this unique technology combined with sport-specific workout leads to a reduction of time needed for improving specific athletic skills and anaerobic power production. Research has shown that even the athletes at their peak performance have noticed increased muscle-mass resulting in significant enhancements in their relevant performance capacities. Professional European soccer players who underwent EMS training reported increased one-leg maximal strength at leg-press machine, improved linear sprinting and sprinting with directional changes, improved vertical jumping and improved kicking velocity.
As deduced from the scientific results, it is recommended to integrate EMS training into the specific professional athlete’s training protocol. By this integration diversity and variability can be ensured, which enhances motivation and results in better performance in a shorter time.
- Offer valid for first-time clients only. If clients have done an Introductory Session in the past, they do not qualify
- Free session includes a 60-minute introductory session.
- Client understands that sessions fill up and he/she may not get desired date/time for Initial session.
- Client may opt to purchase membership or package after Introductory Session.
Please Note: We reserve the right to provide (and refuse) service for any reason.
FSA – Flexible Spending Accounts
FSA – Flexible Spending Account (or Flexible Spending Arrangement) is an account you put money into to pay for certain out-of-pocket healthcare costs; you don’t pay taxes on this money. Maximum contribution for FSA is $3,050 per year per employer, and generally has to be used by the end of your enrollment year. Advantage of an FSA is that you may use the full amount before you have contributed that amount to the employer. Disadvantage is that if you don’t spend the contributed amount, you cannot carry it forward. Your employer may allow you to carry over an amount (up to $610) or extend the time (up to 2.5 months) into the next year; please check with your employer.
HSA – Health Savings Account
HSA – Health Savings Account is pre-tax account that you can withdraw from for qualified medical expenses. These plans are becoming more popular because of the rising cost of insurance premiums. Unlike FSA, you may only withdraw up to the amount you have contributed into the account. Advantage of HSA is that you may carry over unused amount over several years. For 2022, if you have a High Deductible Health Plan (HDHP), you can contribute up to $3,650 for self-only coverage and up to $7,300 for family coverage into an HSA. HSA funds roll over year to year if you don't spend them. An HSA may earn interest or other earnings, which are not taxable.
Using HSA or FSA for EMS Training
You may use HSA or FSA for EMS if it is a medically necessity. Physician or nurse practitioner prescribes an exercise regimen in form of Letter of Medical Necessity (LMN).
For example, a physician might prescribe physical/personal training or aerobic activity to lower blood pressure, improve atrophied muscles due to injury, MS, Parkinson’s, etc. Or a physician might prescribe training (especially EMS) to alleviate back pain. In this case, an LMN would allow the patient to use HSA/FSA money for FITOPIA membership to have access to the EMS.
If you have some money left in your HSA or FSA this year and you would like to see about the possibility of using it for personal training services, contact us. We would love to find a way to help you improve your health and we are so glad that HSA and FSA accounts are eligible for those who need it.
Additionally, you can enroll in HSA/FSA for 2023 to use for training on FITOPIA EMS
Please refer to IRS guidelines and Employer-provided guidelines for any question regarding HSA or FSA.
SUMMARY AND CONTACT INFORMATION
7604 Cox Lane
West Chester, OH 45069
COLLECTION AND USE OF INFORMATION
Fitopia is the sole owner of the information collected on our Site. The information we collect depends on what you do when you visit or utilize the Site.
We collect PII from Users in a number of different ways including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. The PII we collect depends on what you do when you visit or utilize the Site or how you choose to communicate with us.
We may collect, use, store and transfer different kinds of PII about you which we have grouped together as follows:
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We also may collect, or direct one of our partners to collect, your financial information to facilitate payment by a third party sponsor.
Please note that we do not collect PII about you unless you choose to provide such PII to us by creating an account, subscribing to our services, and/or contacting us regarding the Site or our products and services. If at any time you do provide us with such PII, we will collect it.
Analytical Information and Anonymized Data
For each User, we may automatically gather certain information and store it in log files. This information includes the following: web beacons, embedded web links, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may collect and store this information on an individual basis and in aggregate, or combined, form. We may also collect both User-specific and aggregate information on what pages Users access or visit. We use this information to analyze trends, to administer the Site, to track Users’ movements around the Site, and to gather demographic information about our user base as a whole. We also use this information to improve the content of our web pages, and to customize the content and layout of our pages. All of this is done with the intention of making our Site more useful to Users.
We use session cookies to make it easier for you to navigate the Site. In particular we use session cookies to record session information, such as which web pages a User has visited, and to track User activity on the Site. We also use session cookies to store any passwords used on the
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We will use information in connection with the purpose for which you provided it (e.g., to contact you with a response to a request for information, to provide products or services, and/or to contribute to customer surveys). We will communicate with you by email, telephone, or social media, in accordance with your wishes.
Generally, Fitopia uses this information for internal record keeping however, Fitopia may also use your PII to send you information on products, services, and special offers and promotions in which you might have an interest. From time to time, we may also use your information to contact you for market research purposes. The means by which Fitopia will use to contact you with this information will depend on the type of PII you have provided. For example, if you provide us with your email address, you may receive periodic promotional emails from us.
If you do not wish to receive special offers and other promotional information from us, you may opt out of receiving such communications, as discussed below.
Sharing Your PII
As a general rule, Fitopia will not disclose any of your PII to third parties without your permission or as described below.
We may disclose any collected information, including PII, if: (1) the disclosure is necessary or useful to our provision of services; (2) we believe in good faith that disclosure is necessary to protect our rights, interests, or property; (3) we are acting in good faith to protect your safety or the safety of others, to investigate fraud, or to respond to a government request; (4) we believe in good faith the disclosure is required by law, such as to comply with a subpoena, search warrant, court order, or similar legal or administrative process; and (5) a third party purchases or otherwise acquires us or the Site, in which case your information will likely be among the assets transferred.
The Site may offer opportunities to request additional information from sponsors or partners of Fitopia. By requesting more information, you give Fitopia permission to transfer your PII to the sponsor or partner so they can fulfill your request. In many instances, only your e-mail address will be shared. In certain situations, your PII will also be visible to other Users of the Site.
We do not rent or sell email addresses to third parties, or otherwise share any non-anonymized personally-identifying information we collect, with any third parties (other than our affiliated entities) except as set forth above.
If we do share PII with an entity working on our behalf, we will employ commercially-appropriate procedures to help ensure that the disclosed PII is used only for authorized purposes
by authorized persons, and that safeguards are in place to help maintain the security, integrity, and privacy of the PII.
Upon request we provide Site Users with access to their own contact PII (e.g., name, address, e-mail address, phone number) that we maintain about them. You can access this PII by sending your request to: info@FitopiaEMS.com. To help us process your request, please provide sufficient information to allow us to identify you in our records.
We reserve the right to ask for information verifying your identity prior to disclosing any information to you. Should we ask for verification, the information you provide to verify your identify will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete.
We also offer Users the opportunity to have inaccuracies corrected in all information we maintain about them. To begin the process, email: info@FitopiaEMS.com. Please provide sufficient information to allow us to identify you in our records and help us process your request.
YOUR ABILITY TO CONTROL YOUR PII
If you do not wish to receive promotional emails from us, please let us know by using the opt-out response device that can be found at the bottom of every email we deliver or by emailing us at info@FitopiaEMS.com. To help us process your request, please include sufficient information for us to identify you in our records (your email address will suffice). Please allow a reasonable time for us to process your request.
If you do not wish for us to share your PII with any third parties working on our behalf to serve our Customers, please let us know by sending your request to info@FitopiaEMS.com. To help us process your request, please provide sufficient information to allow us to identify you in our records. Please allow a reasonable time for us to process your request. Please note that exercising these opt-out rights may limit your ability to receive the full range of Fitopia’s products and services.
Please note that, although you can opt not to receive promotional messages, we reserve the right to send you informational email messages about any administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
If you are a resident of certain jurisdictions, you may also have the right to opt-out of any current or futures sale of your PII. To exercise this right in accordance with applicable law, please contact us at the following email address: info@FitopiaEMS.com and write “Opt Out of the Sale of Personal Information” for the subject of your message. We reserve the right to ask for information verifying your identity and residency prior to disclosing any information to you or acting on your request. Should we ask for verification, the information you provide to verify your identity and residency will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete.
The security of your PII is important to us. We follow generally accepted industry standards and have put in place suitable physical, electronic, and administrative procedures to protect the PII submitted to us, both during transmission and once we receive it, and to guard that PII against loss, misuse or alteration. When you enter sensitive information and/or PII on our registration or order forms, we encrypt that PII using secure socket layer technology (SSL).
Please note, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we use commercially-reasonable means to protect your PII, we cannot guarantee its absolute security.
Fitopia does not offer its services or promote its Site to, nor does it intentionally collect or retain PII from, children who are younger than 18 years of age. Site Users are cautioned, however, that the collection of PII submitted in an e-mail or through the Site will be treated as though it was submitted by an adult, and may, unless exempted from access by Federal or State law, be subject to public access. If you believe your child may have submitted PII to Fitopia without indicating their actual age and would like it removed, please contact us at info@FitopiaEMS.com and we will delete it immediately.
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THIRD PARTY SITES
From time to time, the Site may link you to other sites or applications (“Linked Sites”) that are not owned by Fitopia. We do not control the collection or use of any information, including PII, which occurs during your visit to the Linked Sites. Further, we make no representations about the privacy policies or practices of the Linked Sites, and Fitopia is not responsible for the privacy practices of these Linked Sites.
Be careful of disclosing any of your PII when leaving our Site. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects PII.
If you believe that our Site is not following our stated information policy, you may contact us at the above address.
By using our Site, or by otherwise communicating with us online, you consent to our collection and use of your information by Fitopia. From time to time, we may use your PII for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices
change materially at some time in the future, we will post the policy changes to our Site. If we have collected PII from you, we will notify you about the changes prior to making use of your PII in new ways and will provide you with a reasonable opportunity to opt out of the new procedures before they are implemented. We will also honor opt out requests made following implementation of the new procedures, as discussed above.
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Changes to this Agreement
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General Use and Site License
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9. The trademarks, logos, and service marks displayed on this Site are owned by Fitopia and other third parties, and this Site’s trade dress is owned by Fitopia. All trademarks not owned by Fitopia are the property of their respective owners, and, where used by Fitopia, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Fitopia’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Fitopia’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.
10. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
11. Before you can make use of certain services associated with this Site, you may be required to register with the Site and create a user or employer account. Payment for Site purchases will be processed through the applicable third party payment provider as we may designate from time to time. You acknowledge and agree that we are not responsible for these financial transactions and the security of your financial data with respect to these transactions. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information and/or registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
12. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
13. By creating an account with the Site, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
14. You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).
Submission of Content and User Activity
15. From time to time, we may make available on this Site certain services, features or sections that allow users to post or upload materials to the Site and/or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Fitopia, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site or any associated services.
16. We also provide you services, features, and/or sections that allow users to post or upload links to materials, content, information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials posted on other websites and domains publicly transmitted (“Non User Content”).
17. You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit or otherwise make available through the Site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify Fitopia or its affiliates for all claims resulting from or related to Content you post or submit.
18. You grant the following license with respect to any and all Content you post or submit to this Site: you hereby expressly grant to Fitopia a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. For informational purposes, we note that the uses to which we may put the information or Content you provide include, but are not limited to, reproduction and use in any and all media whether now known or hereafter devised; publication of the Content or a derivative thereof for promotional, marketing and advertising purposes, and use in the development and manufacture of products.
19. You understand that by using the Site, you may be exposed to Content and Non-User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, 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.
20. The opinions expressed in postings or other Content or Non-User Content on this Site are not necessarily those of Fitopia or its advertisers, sponsors, affiliated or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or Non-User Content or determine whether the Content or Non-User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
21. We are not obligated to regularly review, monitor, delete or edit the Content or Non-User Content of the Site as submitted by users. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content or Non-User Content, or from our alteration or deletion of any Content or Non-User Content, even when we are advised of the possibility of such damages.
22. You acknowledge, consent and agree that Fitopia may access, preserve and disclose your account information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Fitopia, its affiliates, personnel, other users and the public.
23. We are not responsible for typographical or other errors or omissions regarding products, services prices or other information provided on this Site. All product and/or service sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.
Links to Third Party Sites
24. This Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
25. Fitopia provides this Site and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Fitopia, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
26. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY FITOPIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. FITOPIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FITOPIA DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, FITOPIA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FITOPIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. FITOPIA DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE SITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, FITOPIA IS NOT RESPONSIBLE FOR THOSE COSTS.
27. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. FITOPIA DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT, THAT ITS SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF FITOPIA ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, FITOPIA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND FITOPIA OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
28. FITOPIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF FITOPIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, FITOPIA WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON FITOPIA’S COMPUTERS AND/OR SERVERS. FITOPIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF FITOPIA’S SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FITOPIA OR ITS AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL AMOUNT YOU PAID TO FITOPIA TO ACCESS ITS SERVICES AND/OR SITE WITHIN THE PRECEDING THREE MONTHS.
29. CERTAIN STATE LAWS DO 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, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
30. You agree to indemnify, defend and hold harmless Fitopia, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Site and the services provided in connection with the Site, or your breach of any provision of this Agreement or any warranty provided hereunder.
31. You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Fitopia with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.
32. This Site is created and maintained by Fitopia in the State of Ohio. You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and Fitopia or its affiliates.
33. Regardless of where you access this Site, you agree that any action or proceeding arising out of this Agreement or your use of the Site and/or services, whether at law or in equity, must be brought in the state or federal courts located in Butler County, Ohio and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
34. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
35. This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Fitopia. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Fitopia’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
36. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
37. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact us at:
7604 Cox Lane
West Chester, OH 45069