By using our Website, you agree to these Terms and Conditions of Use ("Terms & Conditions").
We reserve the right, in our
sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these
Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions,
you agree to accept those changes, whether or not you have reviewed them.
Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites, www.FitPiglet.com, www.FitPigletsFreshitarianKitchen.com,
blog.FitPiglet.com, and our store, store.FitPiglet.com, (collectively known as the Sites and Store) which are owned or operated by Fit Piglet LLC and
Fit Piglet's Freshitarian™ Kitchen Inc., and our affiliates (collectively, "we," "us," or "our"), including, without limitation, these Sites and Stores,
and website that we may own or operate in the future. For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or
indirectly, owning a controlling interest in, owned by, or under common ownership control with Fit Piglet LLC, Fit Piglet's Freshitarian Kitchen Inc., and
General Terms & Conditions
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not
comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate access to our Sites and Store (or any part thereof).
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Sites and Store, including, but not
limited to, (i) restricting the time the Sites and/or Store are available, (ii) restricting the amount of use permitted, and (iii) restricting or
terminating any user's right to use the Sites and/or Store. You agree that any termination or cancellation of your access to, or use of, the Sites
and/or Store may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide
from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account
and/or bar any further access to such information and/or files, or our Sites and/or Store. Furthermore, you agree that we shall not be liable to you
or any third-party for any termination or cancellation of your access to, or use of, our Sites and/or Store. From time to time, we may supplement these
Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms
may be placed on the Sites and/or Store to be viewed in connection with the specific content, activities, features or events and shall be identified as
such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Sites and/or Store and the
material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You
acknowledge that these Sites and Stores contain information, software, photos, video, text, graphics, questions, creative suggestions, messages, comments,
feedback, ideas, recipes, notes, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade
secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter
developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the
selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Sites and Store are trademarks of their respective
owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit,
any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content.
Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any
other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
If, at our request or on your own, you send, email, post or otherwise transmit to us or Sites and/or Store, any Content, (collectively, the "Submissions"),
you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well
as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration
from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to
incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks
and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you
are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has
completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further
acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission
that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on these Sites and/or
to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
The Fit Piglet and Fit Piglet's Freshitarian Kitchen Sites and Stores provide wellness information, including but not limited to fitness, weight loss
management, nutritional information, recipes, encouragement and inspiration. Any Content published over the Internet is intended only to assist users
in their personal wellness efforts. Fit Piglet LLC or Fit Piglets Freshitarian Kitchen Inc., is not a medical organization and our staff cannot give
you medical advice or diagnosis. Nothing contained in these Sites and/or Store should be construed as such advice or diagnosis. The information and
reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning any wellness effort or weight loss regimen. These Sites and Stores are
intended for use only by healthy adult individuals. The Sites and Store are not intended for use by minors, pregnant women, or individuals with any
type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of wellness/fitness
effort or weight loss regimen.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THESE SITES AND/OR STORES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER FIT PIGLET LLC OR FIT PIGLET'S FRESHITARIAN KITCHEN INC,
ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THESE SITES AND/OR STORE
OR ANY FUNCTION CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES AND/OR STORE OR THE SERVERS
THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THESE SITES AND/OR STORE ARE DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER FIT PIGLET LLC OR FIT PIGLET'S FRESHITARIAN
KITCHEN INC,, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THESE SITES AND/OR STORE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL
OR THROUGH THESE SITES AND/OR STORE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE
INABILITY TO USE THESE SITES AND/OR STORE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THESE SITES AND/OR STORE OR ANY WEBSITE OR WEBSITES
LINKED TO OUR SITES AND STORE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THESE SITES AND /OR STORE; (D) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES AND/OR STORE; OR (F) ANY OTHER MATTER RELATING
TO OUR SITES AND/OR STORE, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SITES AND/OR STORE. IF YOU AR
E DISSATISFIED WITH ANY PORTION OF OUR SITES OR STORE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION
OF YOUR USE OF THESE SITES AND STORE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend Fit Piglet LLC and/or Fit Piglet's Freshitarian Kitchen Inc., and our affiliates,
our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/
or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of these Sites or our products or
offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any
intellectual property or other right of any person or entity.
Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any
principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of these Sites and/or Store
or these Terms & Conditions shall be filed only in the state or federal courts located in the State of Florida and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action against us arising from the use of these Sites and/or Stores, the prevailing party shall be entitled to recover all legal expenses
incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with the Subscription
Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our
online subscription offerings or products, in the event of any conflict between these Terms & Conditions and the Subscription Agreement, the Subscription
Agreement shall control. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on these Sites and/or Store,
or by written agreement of both parties. Each time you access these Sites and/or Store, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors,
assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision
of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent
of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full
force and effect.