Use of Website

If you elect to cancel prior to the 14-day trial use as stated above, you will not be charged for the product (though the Company will not refund amounts paid for Shipping and Handling). You are only eligible to receive one (1) 14-day trial use from the Company.

If you are not completely satisfied with the product, you may contact us by telephone at (US) 866-721-1050, or at [email protected], and a Customer Service representative will assist you. By completing an order, you acknowledge, agree, and understand that cancellation in writing of the Trial is your sole responsibility and that these Terms and Conditions set forth your sole right and remedy with respect to any dispute with the Company arising out of any charges or cancellation.

If you cancel your initial purchase of the trial product outside the first 14 days after you receive the trial product, you will not be eligible for a refund of the full product retail price.

4. DISPUTE RESOLUTION

4.1 If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Website Use are unenforceable.

4.2 Opt-Out of Arbitration/Class Action Waiver. The Terms & Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.

4.3 YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.

4.4 You agree to indemnify for any financial harm or any losses caused by Your objections to fees that does not comply with this Section. You will be held responsible for the reimbursement of any fees and losses incurred as a result of Your failure to comply with any provision in this Agreement.

4.5 Credit Card Billing Customer expressly agrees that if Customer pays by credit card, check or demand debit, Customer shall abide by the following statement: "I hereby authorize to initiate debit/credit entries to my bank deposit account or credit card."

This Website may be used only for lawful purposes of obtaining information about, and purchasing, the Company’s products. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company.

Expected Results Disclosure

Individual results will vary. This is true of our product, as well as any other product on the market. Proper weight loss will come alongside a reduced-calorie diet & increased exercise.

Model Disclosure

Models are shown for illustrative purposes. Some images and testimonials are paid models, and some are related to the company employees or officers. All models and testimonial providers have used PentagonFit Fitness Tracker, but may not be long-term customers. Their use does not imply a personal endorsement for any product by them or anyone of their likeness.

Advertising Disclosure

This product (and all other products by Invigorating Avenue LLC) are advertised online and offline in various media outlets. You may see our ads on Facebook, Google, Bing, Yahoo, Taboola, Content.ad and various other online advertising providers. Web viewers may be tracked and served ads on numerous occasions via retargeting pixels. Offline advertising will be done through print mail to customers or through rented mailing list. We never share or sell your information.

Devices, Security, etc

Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.

Taking any action that imposes an unreasonable or disproportionately large load on this website's infrastructure.

If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose.

Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the commonly recognized search engine and search agents, and other than generally available third party web browsers (e.g., Firefox, Safari, or Internet Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.

Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.

Framing of or linking to any of the website content or information available from this Website.

Participating in a denial-of-service attack against this site or against any other web site or computer environment by using this site.

Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this site any material that is unlawful or violates the rights of others.

Engaging in any screen scraping or data acquisition and consolidation.

Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any Website Content or the pages making up this website.

Making any unauthorized commercial use of this website.

Site Security Rules

Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

User Information

When you register for the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms that may be set forth in any privacy policy on this Website, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or 866-721-1050 without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.

By submitting content or information, including but not limited to your personal information to any public or non-public area of this Website, you acknowledge that any such content or information is not confidential and that such content or information is accurate and true. You grant the Company the royalty-free, perpetual, irrevocable, sub-licenseable (through multiple tiers), non-exclusive right (including any moral rights) and license, without restrictions of any kind, without any payment or other consideration of any kind, and without permission or notification to you or any third party, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and information (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any visitor to the website to access, display, view, store and reproduce such content. You also consent for us, or them and authorized third parties calling on out, or their behalf to contact you for marketing purposes through automated means (e.g. automatic telephone dialing system, text, artificial and pre-recorded messaging) at the phone number(s) and at the email address you have provided via telephone, mobile device (including SMS and MMS) and/or email, even if your telephone number is currently listed on any state, federal or corporate Do Not Call registry. You may opt-out form SMS or Text messages at any time by replying STOP. Data and Msg rates may apply. As an alternative, you may contact us by email at: [email protected]. You understand that you may revoke this consent at any time.

Use of Website Content

The Website content may contain inaccuracies or typographical errors. This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. The Company is not responsible if information that made available on this site is not accurate, reliable, complete, timely, or current. Any reliance upon the information on this Website will be at your own risk.

The Company reserves the right to modify the contents of the Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the Website.

Visitors are given the opportunity to comment and upload information to this Website. The Company is only a conduit for those postings. The Company has no obligation or responsibility to screen or verify the information posted by others, it cannot and does not represent or warrant the veracity, qualifications, skills, credentials, and experience of the information posted by others, nor does it have the obligation or responsibility to screen or monitor communications between users of this Website. The Company makes no endorsement of any person or any information posted to this Website.

The Company is under no legal obligation to, and generally does not, control or monitor the information provided by others that is made available through the Website, nor can it authenticate, guarantee the appropriateness, accuracy, reliability or endorse such information, and it has no liability or responsibility for such information. You acknowledge that any reliance on the information obtained through this Website will be at your own risk.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. It does not and cannot control the behavior of participants on this website. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this Website, and Company has no responsibility or liability for any transactions, online or offline, between you and any third party.

If You are a California resident in the United States, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

You hereby release and agree to hold harmless the Company, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of Counselor accessed through the website.

Links

This Website may contain links to other sites and banner ads that take a visitor to another Website. Please be aware that the Company is not responsible for the content or terms of use of such other sites. Users are encouraged to be aware of the specific content on the other websites when they leave this site and to read the applicable terms of use and other website requirements.

Customer Comments

We appreciate hearing from our customers and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

Registration and Password

You are responsible for maintaining the confidentiality of your membership information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. Your membership may not be transferred or assigned.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement

If you believe that your copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;

Your name, address, 866-721-1050 and, if you have one, your e-mail address;

A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated our copyright agent (see below) to receive notices of claims of copyright infringement on our website. You can contact us as follows:

Copyright Agent: [email protected]

DISCLAIMERS WITH REGARD TO THE PURCHASE AND USE OF THE PRODUCTS

To purchase products on this Website you must be 18 years of age or older.

The information available on this Website is for informational purposes only. The Company offers no express or implied guarantees or warranties regarding the use, health benefits, effectiveness, or whether or not any specific result will be obtained from the use of the products purchased on this Website. You are solely responsible for all actions taken with regard to the use of this Website and the products obtained from this Website.

The information contained on this Website and the products sold might not be suitable for your own personal circumstances, and you are solely responsible for deciding whether any of our products are suitable for your purposes. Those who purchase products on this Website use the products at their own risk, and the Website assumes no responsibility or liability whatsoever for any actions taken by purchasers of products on this Website.

Nothing contained on this Website is intended to diagnose, prevent, mitigate, treat, or cure any disease or physical conditions, prescribe or perform medical treatment, or interfere or substitute with the treatment of medical or other professionals. The law applicable to dietary supplements, the Dietary Supplement Health and Education Act of 1994, commonly referred to as DSHEA, does not permit us to do so and it is not our intention to do so.

The information provided on the Website, and the products sold on this Website, are provided and sold with the understanding that this Website does not have the intention of giving medical or any other type of professional advice, nor is the information contained on this Website or the products sold meant to be a replacement for medical or other professional advice and treatment. You are advised to consult with a doctor or other professional with regard to any physical ailment or disability or for the treatment of any physical ailment or disability.

By acceptance of any product purchased on this Website, purchaser agrees that neither this Website nor the Company, their agents, employees, representatives, or assignees shall have any liability to purchaser or any other third person whatsoever, for any claim, loss, damage or expense arising from use of the products.

Product images are for illustrative purposes only and the actual product may differ from the image. This Website attempts to be as accurate as possible when describing the condition of the products offered for sale.

No statements made by the Company have been evaluated by the Food and Drug Administration. No product sold on the Website is intended to diagnose, treat, cure or prevent any disease.

ADDITIONAL DISCLAIMERS

COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). WHILE WE SHALL TAKE COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, YOUR PURCHASE OF PRODUCTS ON THIS WEBSITE, OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OR DELETION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE, WILL NOT EXCEED THE COST OF THE PRODUCTS PURCHASED ON THIS WEBSITE.

YOUR LIABILITY

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE COMPANY’S WEBSITE; (II) ANY MATERIAL YOU PROVIDE TO THE COMPANY’S WEBSITE, (III) ANY WEBSITE CONTENT THAT YOU USE OR (III) YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, PRIVACY STATEMENT, REPRESENTATIONS AND WARRANTIES. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

Breach of Agreement

Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access, this Website and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use or Privacy Statement, or if the Company is unable to verify or authenticate any information you submit to the Website.

Additional Terms and Conditions

Company makes no claims that the website content may be lawfully viewed or accessed outside of the United States. Access to the website content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with all local rules including, without limitation, rules with regard to the Internet, data, e-mail, privacy, copyright, and trademark infringement.

These Terms of Use, the website’s Privacy Statements, and other relevant documents constitute the entire agreement between you and Company with respect to the use of website.

No changes to these Terms of Use shall be made except by a revised posting on this page. Use shall be governed by and construed in accordance with the laws of the State of Idaho applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in State of Idaho in connection with any action arising out of or related to these Terms of Use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.