Please read these Terms and Conditions carefully before using this Website.
Acceptance of the Terms & Conditions
These Terms and Conditions ("Terms") constitute a legally binding agreement entered into by and between you and Fit Over 50 Man ("Company," "we," "our," or "us"), governing your access to and use of www.fitover50man.com (the "Website") including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
By using the Website, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and our Earnings Disclaimer, which are incorporated herein by reference. If you do not agree to these Terms, the Privacy Policy, or the Earnings Disclaimer, you must not access or use the Website.
Website Eligibility
This Website is intended for users who are 18 years of age or older and who are competent to enter into a legally binding contract. By using the Website, you represent and warrant that you meet the eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
Disclaimers
You, the Client, acknowledge and understand that David Getz, operating as Fit Over 50 Man, and any assistant coaches on his team, do not provide medical, dietary, or nutritional therapy services; do not diagnose, treat, or cure any disease or health condition; and do not provide healthcare advice. David Getz, as Head Coach, and his assistant coaches act solely in the capacity of health coaches and certified personal trainers, serving as mentors and guides to help clients reach their health and fitness goals through positive, sustainable lifestyle changes.
You further acknowledge that any information or guidance provided by Fit Over 50 Man, David Getz, or his assistant coaches is not a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider. If you are under the care of a healthcare provider or using prescription medications, you should consult your provider before making any dietary changes or using any dietary supplements.
You have voluntarily chosen to engage the coaching services of Fit Over 50 Man, and you fully understand that any information or resources received are not medical advice and are not intended to replace medical care provided by licensed professionals.
Personal Responsibility and Waiver of Claims
You accept full responsibility for your well-being, decisions, and actions, including those of your family and dependents, if applicable. You acknowledge and assume all risks associated with the Program, including any risks inherent in making lifestyle or dietary changes. By participating in the Program, you expressly waive and release Fit Over 50 Man, David Getz, and any assistant coaches on his team from any and all liability, claims, causes of action, suits, damages, and demands, known or unknown, arising from or related to your participation in the Program, unless such claims arise from the gross negligence of Fit Over 50 Man, David Getz, or his assistant coaches.
Confidentiality
Fit Over 50 Man, David Getz, and his assistant coaches will maintain the confidentiality of all personal information you provide and will not disclose such information to any third party without your written consent, except as required by law.
Changes to Terms
We reserve the right to modify or update these Terms at any time in our sole discretion. All changes are effective immediately upon posting and apply to all subsequent access to and use of the Website. Your continued use of the Website following any changes to the Terms indicates your acceptance of those changes. You are responsible for reviewing these Terms regularly to ensure you are aware of any updates.
Intellectual Property Rights
The Website and all content, features, and functionality thereof, including but not limited to text, graphics, logos, images, audio, video, software, and design, are owned by Fit Over 50 Man, its licensors, or other providers, and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-transferable, non-exclusive license to access and use the Website for your personal, non-commercial use only.
You may not copy, reproduce, distribute, transmit, display, modify, create derivative works from, or exploit any part of the Website or its content without our prior written permission. Any unauthorized use may result in the termination of your access to the Website and may subject you to legal action.
Digital Millennium Copyright Act (DMCA)
If you believe that any content on the Website infringes your copyright, please notify us in accordance with the DMCA.
All notices must be sent to:
Fit Over 50 Man
2225 Petrie Court, Coquitlam, BC, V3K 6E7, Canada
Email: [email protected]
Prohibited Uses
You agree not to use the Website for any unlawful purpose or in any way that could damage or impair the Website. Prohibited uses include, but are not limited to, violating any laws, exploiting or harming minors, transmitting unauthorized advertising or spam, impersonating others, introducing malicious software, attempting unauthorized access to the Website, and interfering with the Website’s functionality.
User Contributions
Any content you post to the Website, including comments, messages, or other materials ("User Contributions"), is considered non-confidential and non-proprietary. By submitting User Contributions, you grant Fit Over 50 Man a worldwide, perpetual, royalty-free license to use, reproduce, modify, display, and distribute such content.
You represent that you own or have the right to use all User Contributions and that they do not violate any laws or infringe on the rights of others. You agree that Fit Over 50 Man is not responsible for any User Contributions and may remove any content at its sole discretion.
Limitation of Liability
To the maximum extent permitted by law, Fit Over 50 Man, David Getz, and any assistant coaches shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, arising out of your use of the Website or participation in any services. Our total liability shall not exceed the amount paid by you for services rendered.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.
Any legal action or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the courts of British Columbia.
Contact Information
If you have any questions regarding these Terms, please contact us at:
Fit Over 50 Man
David Getz, CEO and Head Coach
2225 Petrie Court, Coquitlam, BC, V3K 6E7, Canada
Email: [email protected]
Last Updated: [March 18, 2025]