Terms of Use

  1. Your Acceptance

Welcome to the Terms of Use for the Vito Lafata website (www.vitolafata.com). This is an agreement (“Agreement”) between Fitness Profit Systems, LLC   (“VL”), the owner and operator of www.vitolafata.com and any services offered via the website (collectively the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.     Throughout this Agreement, the words “VL,”  “us,”  “we,” and “our,” refer to our company, Fitness Profit Systems, LLC, as is appropriate in the context of the use of the words.

By clicking “I agree” or accessing the Site you agree to be bound by this Agreement and the Privacy Policy.  We may amend this Agreement at any time and may notify you if we do so.    Please be aware that there are ARBITRATION AND CLASS ACTION PROVISIONS contained in this Agreement.

  1. Accounts

Portions of the Site may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form.  Where required, VL may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify VL immediately of any unauthorized use of your account or any other breach of security. VL will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by VL or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

  1. Disclaimer

Please be aware that our Site and any information found within it are offered “as-is.”  VL is offered only for informational and educational purposes only. Any methodologies or educational materials are provided merely to assist you in gaining a better understanding of the content provided.  Although the methodologies may be helpful, we cannot guarantee the reliability of any methodologies and educational material found on the VL.  Results achieved by our programs and/or users are neither implied nor guaranteed. You agree to release us from any liability that we may incur for providing such materials to you. You agree that any content or any other information found on the Site may be inaccurate, unsubstantiated or possibly even incorrect.  We cannot guarantee that using our Site will result in any benefits, profits, or positive results for you.   You agree to release us from any liability that we may have to in relation to your use of our Site.  By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from VL with respect to such actions or omissions.

  1. Confidentiality

During your use of our Site you will be exposed to educational and informational content created by VL (“VL Content”).  Please be aware that all VL Content that is not publicly accessible, must be purchased, or is only available via account login is considered “Confidential Information”.  In order to protect our educational and copyrighted content, it is important that none of our Confidential Information be disclosed.  You agree for the duration of this Agreement and after the termination of this Agreement, you will not disclose any Confidential Information to any person or entity except as we may approve in writing. Additionally, you agree to use your best efforts in safeguarding our Confidential Information. In the event of any violation of this provision of the Agreement, you agree that a breach will cause irreparable damage to VL.  Therefore, if you breach this provisions we will be entitled to injunctive relief, without being required to post any bond, thus restraining you from violating or continuing to violate this Agreement

  1. Privacy

Please read VL’s Privacy Policy for more information regarding our collection and use of your information.  You will not be required to create a user account when you use or access the Site.  However, we may collect information from you when you decide to order any products via the Site.

  1. Site Availability and Modification

Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time.  We reserve the right to alter, modify, update, or remove our Site at any time.  We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may provide updates to fix security flaws, or to respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.

  1. Third Party Links

The Site may contain links to third party websites that are not owned or controlled by VL. VL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VL will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve VL from any and all liability arising from your use of any third-party website.

  1. Your Conduct While Using The Site

When accessing or using our Site, you are solely responsible for your use and for any use of the VL Site made using your account.  You agree to abide by the following rules of conduct:

  • You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
  • You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You agree not to use the Site to stalk, harass, bully or harm another individual;
  • You agree that you will not hold VL responsible for your use of the Site;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to VL;
  • You agree not to interfere with or disrupt the Site;
  • You agree to not violate any US federal laws, state laws, or local laws while using the Site; and
  • You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but VL reserves the right to suspend or terminate any account at any time without notice or explanation.

  1. Intellectual Property

The name “VL,” the design of the VL Site along with VL created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to VL.  The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. VL reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site unless we have given you express written permission.

  1. License Grant

If you wish to access VL Content offered on the Site, we grant you a personal, non-exclusive, fully revocable, non-commercial, non-assignable, non-transferable, limited license to use and access our VL Content as permitted by us.   Please be aware that such license grant is contingent on all proper payments. As a user, you do not receive any ownership interest in the VL Content; you merely receive the aforementioned license listed above.  All rights not explicitly granted in any VL Content are expressly reserved by VL. This license shall immediately terminate upon the termination of this Agreement or any failure by you to pay.  Additionally, you agree to abide by the following licensing restrictions listed below:

  • You may not decompile, reverse engineer, disassemble, upload, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the VL Content or any portion of it.
  • You may not share your license with any other parties unless permitted by us in writing.
  • You may not violate any laws, rules or procedures of the United States.
  • You may not violate any of our additional policies.
  • You may not use or access the VL Content except through specific channels provided by us.
  • You may not sell, lease, loan, distribute, transfer, or sublicense your access to the VL Content.

Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions or if we believe that your actions may harm our company, we may revoke your license to use the VL Content, at our discretion.  Additionally, we may revoke or restrict your access to our Site. Failure by us to revoke your license does not act as a waiver of your conduct.

  1. Orders and Payment

VL may allow you to purchase products or purchase access to portions of our Site.  When making a purchase you will be prompted to input your credit card information or pay through a third party payment portal.  You agree that we may charge full amount listed at checkout to your credit card including taxes and other fees.  Your credit card information will be shared with our third party payment processor.  By purchasing anything from our Site you also agree to the terms and conditions of our third party payment processor.  Please be aware that all payment information will be stored and secured by the payment processor and not us.

  1. Termination

You may terminate this Agreement by notifying us at [email protected] Upon termination you will not be entitled to any refunds or proration of payments made except as stated in this Agreement.  We may terminate your access to the Site if we determine that: (1) you have violated any applicable laws while using our Site; (2) If you have violated this Agreement or any other of our Site policies; or (3) if we believe that any of your actions may harm the VL Site or our business interests, at our sole decision or discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

  1. Returns and Refunds

At VL we want you to be satisfied with our products and any services offered.  Therefore, we offer a thirty (30) or sixty (60) day money back guarantees for any purchases made.   For a list of refund periods for each product, please contact us. After such time has elapsed from the purchase date, we will be unable to issue you a refund.  If you require a refund for anything purchased from our Site within the refund period please contact us at [email protected] For any purchases you must contact us before a refund may be issued. Please be aware that we while we will generally honor all refund requests, we reserve the right to deny you a refund if we believe you have misused our Site, behaved in a way that harms our company, disseminated any Confidential Information, or if you have violated this Agreement.  Although refunds may be processed upon request, it may take some time before your refund is credited to your billing account.

  1. Chargebacks

If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law.  We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.

  1. Taxes

Depending on the laws of your jurisdiction you may be taxed for any payments or purchases.  In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes.   You understand that we cannot offer you tax advice and you agree to seek tax advice from your tax professional. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.  You agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

  1. Limitation of Liability; Representations and Warranties

USE OF THIS SITE AND ALL PRODUCTS AND ITEMS, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

  1. EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED HEREIN THE SITE, ANY SERVICES, ALL PRODUCTS AND ITEMS SOLD ON VL ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
  2. VL DOES NOT WARRANT THAT: (1) THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE CORRECTED; (3) THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS SITE, VL CONTENT AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE ACCURATE OR RELIABLE.

To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Site or any of its related services WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.  In the event that your jurisdiction does not allow us to exclude all liability, you agree that our total liablity to you will not exceed the total amount you have spent on your purchases via the site OR $100 USD WHICEVER IS GREATER.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by VL’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

  1. Release

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.  YOU RELEASE US FROM ANY LIABILITY RELATING TO ANY VL CONTENT, PRODUCTS SOLD, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US OR ANY SUCH THIRD PARTIES.

  1. Indemnity

You agree to defend, indemnify and hold harmless Fitness Profit Systems, LLC , its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to the VL Site;
  • your violation of any term of this Agreement; and
  • any claim that your actions harmed a third party

This defense and indemnification obligation will survive this Agreement and your use of the VL Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

  1. Copyrights

We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act.  If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of VL, [email protected]

  1. Choice of Law

This Agreement shall be governed by the laws in force in the state of California.  The offer and acceptance of this contract is deemed to have occurred in the state of California.

  1. Forum

By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Fitness Profit Systems, LLC  or the Site  arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Los Angeles County, CA., or at such other location as may be mutually agreed upon by you and Fitness Profit Systems, LLC .; (3) the arbitrator shall apply Arizona law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Fitness Profit Systems, LLC ’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures VL shall be entitled to appear electronically or telephonically for all proceedings;  and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Fitness Profit Systems, LLC shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.  In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in Los Angeles County, CA.

  1. Class Action Waiver

You and VL agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

  1. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

  1. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with VL are deemed to conflict with each other’s operation, you agree that VL shall have the sole right to elect which provision remains in force.

  1. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  You agree that we are not required to provide you with access to our Site and may terminate our Site at any time and for any reason.

  1. Age

All users who access the Site must be 18 years of age or older.

  1. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

  1. Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.

  1. Electronic Communications

The communications between you and VL use electronic means, whether you visit the Site or send VL e-mails, or whether VL posts notices on the Site or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from VL in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that VL provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

  1. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about VL must be sent to our agent for notice to:  [email protected]

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Updated:  May 26, 2016