PRIVACY POLICY / TERMS AND CONDITIONS

Welcome to the FITCRUNCH (“fitcrunch.com”) website. PERVINE FOODS, LLC. provides this website (“fitcrunch.com”) and the services provided by or through this website to you are subject to the following Terms and Conditions. If you visit the fitcrunch.com website, you accept these Terms of Use. If you do not agree to be bound by all of these Terms of Use, please do not use or access this site.

Nothing stated or presented on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding an exercise regimen, medical condition, your diet, nutritional supplements or any other matter related to your health and well-being.

Electronic Communications
When you visit fitcrunch.com or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

FITCRUNCH may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on the FITCRUNCH site.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice. The information provided and the opinions expressed in this website represent the views of the authors and contributors.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. We are not liable for any inaccuracies or errors.
  • Your use of any information or materials on this website is entirely at your own risk, it is your responsibility to check that the information available meets your requirements.
  • This website contains content which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
  • Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
  • FITCRUNCH reserve’s the right to refuse, suspend or cancel your access to the site at any time and without notice.

License and Site Access
FITCRUNCH grants you a limited license to access and make personal use of this site and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of FITCRUNCH. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of FITCRUNCH. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FITCRUNCH without FITCRUNCH’s express written consent. You may not use any meta-tags or any other hidden text utilizing FITCRUNCH’s name or trademarks without the express written consent of FITCRUNCH. Any unauthorized use terminates the permission or license granted by FITCRUNCH.

Please Note: Our website uses technology called cookies to improve your experience. One of the cookies we use is essential for parts of our website to operate and you may have already been set. You may delete and block all cookies from this site, but parts of may not work.

Cookie Notice
We use cookies to operate our websites, to understand how visitors use our websites and to track your interaction with our newsletters. We will update this Notice if change the cookies we use.

What is a cookie?
Cookies are text files, which contain information about your Internet usage that is held in your browser or on your computer’s hard drive. There are different types of cookie: some are essential for the site to operate properly, whereas others are aimed at enhancing and personalizing your user experience. Cookies can help us to understand how consumers are interacting with our website, which helps us to improve our site and to deliver a better service to you.

What types of cookies do we use?

  1. Strictly Necessary Cookies
    These cookies are essential to enable you to move around the website and use its features. Without these cookies, we cannot provide some of the basic functionalities of our website.
  2. Performance Cookies
    These cookies generally collect information about how visitors use our website, for instance which pages visitors go to most often, and the pages that they don’t. This helps us to understand and improve the site, so it is easy to use and includes helpful content. They also allow us to fix bugs or glitches on the website. These cookies don’t collect information that identifies visitors, so we can’t identify you individually. We use Google Analytics to track usage of our websites and interaction with our newsletters. For example, to see what content you click on, so we can analyze what content is of most interest to our audience.
  3. Functionality Cookies
    These cookies allow our website to remember the choices you make as you browse the site. They provide more enhanced and personal features. The information collected is anonymized and they cannot track your browsing activity on other sites once you leave our site.
  4. Advertisers
    Fitcrunchbars.com also uses 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the Internet, specifically on the Google Content Network (GCN). As always we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing system. We may allow third parties to use Cookies through the Service to collect the same type of information for the same purposes as we do. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use. Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address) to facilitate the display of targeted advertising.

How To Turn Off Cookies
You can turn cookies off at any time, by going into your browser settings, however this may have a detrimental effect on your user experience. If you are happy to continue letting us use cookies in the ways set out in this Notice, to help us guide our work, then you need not do anything. If you would like more information about tailored browser advertising and how you control cookies from being put on your computer to deliver tailored advertising, you may visit the Digital Advertising Alliance’s or https://www.networkadvertising.orgwebsites. You can also control advertising cookies from Google by using its Ads Preference Manager. Please note, however, that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out of tailored advertising and that some parts of our Services will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.

Disclaimers and Limitation of Liability
As a user of this site you expressly agree that use of this site is at your sole risk. Neither FITCRUNCH, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents, nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this site or the results that may be obtained from the use of the information provided on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site. FITCRUNCH and its affiliates and subsidiaries, and their officers, directors, employees, representatives or agents are collectively referred to as “FITCRUNCH.”

FITCRUNCH does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. You are advised to exercise your own further informed review, judgment and evaluation in the selection of any and all medical professionals and health information.

THIS WEBSITE IS PROVIDED BY FITCRUNCH ON AN “AS IS” AND “AS AVAILABLE” BASIS. FITCRUNCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FITCRUNCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FITCRUNCH OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEB SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THIS SITE, EVEN IF FITCRUNCH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FITCRUNCH‘S LIABILITY EXCEED $500.00. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FITCRUNCH, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall FITCRUNCH or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site’s records, programs, or services. You acknowledge that this paragraph shall apply to all content, merchandise, and services available through this Web site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

Links to other Sites
This site may reference or link to third-party sites throughout the World Wide Web. FITCRUNCH has no control over these sites or the content within them. FITCRUNCH cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. FITCRUNCH does not endorse the content of any third-party site, nor does FITCRUNCH warrant that they will not contain viruses or otherwise impact your computer. FITCRUNCH does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against FITCRUNCH for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.

Copyrights
FITCRUNCH® COPYRIGHT 2019 ©PERVINE FOODS, LLC. All materials and contents contained in this Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to FITCRUNCH, or its content suppliers and are protected by United States and international copyright law. FITCRUNCH enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

Trademarks
FITCRUNCH, the FITCRUNCH logo and other marks indicated on our site are the exclusive property and trademarks of ©PERVINE FOODS, LLC. PERVINE FOODS, LLC reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by FITCRUNCH NEWS ONLINE, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FITCRUNCH NEWS ONLINE, Inc.

Children’s Privacy
This site is not intended or designed to attract children under the age of thirteen (13). Of course, consistent with the Children’s Online Privacy Protection Act of 1998, FITCRUNCH will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without prior verifiable parental consent.

Indemnity
You agree to indemnify and hold each of FITCRUNCH, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the fitcrunchbars.com Website, your violation of these Terms of Use, and/or the infringement by you or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

Applicable Law
This site is created and controlled by FITCRUNCH in the State of Pennsylvania. As such, the laws of the State of Pennsylvania will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State of Pennsylvania for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Pennsylvania courts and agrees not to plead or claim in any Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.

Modification, and Severability
FITCRUNCH reserves the right to make changes to this site, policies, and these Terms of Use at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

PERVINE FOODS, LLC
3900 Veterans Memorial Hwy
Suite 371, Bohemia
NY 11716