Last Updated March 14, 2025

Agreement between User and FlexFitNest.com

Welcome to FlexFitNest.com. The FlexFitNest.com website (the “Site”) is comprised of various web pages and related content produced by its owners, creators, publishers, officers, directors and employees (“Flex Fit Nest”, “we”, “us”, or “our”).

This includes articles, guides, PDFs, emails, email lists/newsletters, graphics, photos, videos, comments, and other forms of content pertaining to diet and fitness (the “Content”).

FlexFitNest.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of FlexFitNest.com and/or its Content constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you disagree with any part of the Terms then you do not have permission to access this Site or its Content.

Privacy Policy

Your use of FlexFitNest.com is subject to Flex Fit Nest’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and Content and informs users of our data collection practices.

Click the link below to view our Privacy and Cookie Policy:

Privacy Policy(function (w,d) {var loader = function () {var s = d.createElement(“script”), tag = d.getElementsByTagName(“script”)[0]; s.src=”https://cdn.iubenda.com/iubenda.js”; tag.parentNode.insertBefore(s,tag);}; if(w.addEventListener){w.addEventListener(“load”, loader, false);}else if(w.attachEvent){w.attachEvent(“onload”, loader);}else{w.onload = loader;}})(window, document); Cookie Policy(function (w,d) {var loader = function () {var s = d.createElement(“script”), tag = d.getElementsByTagName(“script”)[0]; s.src=”https://cdn.iubenda.com/iubenda.js”; tag.parentNode.insertBefore(s,tag);}; if(w.addEventListener){w.addEventListener(“load”, loader, false);}else if(w.attachEvent){w.attachEvent(“onload”, loader);}else{w.onload = loader;}})(window, document);

Electronic Communications

Visiting FlexFitNest.com or sending emails or messages to Flex Fit Nest constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Flex Fit Nest does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use FlexFitNest.com only with permission of a parent or guardian.

Links, References and Usage of Third Party Sites, Services, Information

FlexFitNest.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Flex Fit Nest and Flex Fit Nest is not responsible for the contents, polices or practices of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

Flex Fit Nest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flex Fit Nest of the site or any association with its operators.

Flex Fit Nest may also include quotes from third party sources or references to information, documents, software, materials, products and/or services provided by other parties (“Referenced Sources”). You acknowledge that Flex Fit Nest is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Referenced Sources, nor are we responsible for errors or omissions in any quotes from or references to other parties or their products and services. The inclusion of such a reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Flex Fit Nest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services.

Certain services made available via FlexFitNest.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the FlexFitNest.com domain, you hereby acknowledge and consent that Flex Fit Nest may share such information and data with any third party with whom Flex Fit Nest has a contractual relationship to provide the requested product, service or functionality on behalf of FlexFitNest.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use FlexFitNest.com and its Content strictly in accordance with these terms of use. As a condition of your use of the Site or Content, you warrant to Flex Fit Nest that you will not use the Site or Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or Content in any manner which could damage, disable, overburden, or impair the Site/Content or interfere with any other party’s use and enjoyment of the Site/Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site/Content.

All Content included on the Site or as part of the Site or Service, such as information, text, graphics, logos, images, data, communications, photos, video, music, sounds and other material, as well as the compilation thereof, and any software used on the Site or in the Content, is the property of Flex Fit Nest or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not copy, reproduce, modify, publish, republish, resell, reprint, upload, post, transmit, distribute, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or in the Content. Flex Fit Nest content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Flex Fit Nest and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Flex Fit Nest or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, comments, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Flex Fit Nest has no obligation to monitor the Communication Services. However, Flex Fit Nest reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Flex Fit Nest reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Flex Fit Nest reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Flex Fit Nest’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Flex Fit Nest does not control or endorse the content, messages or information found in any Communication Service and, therefore, Flex Fit Nest specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Flex Fit Nest spokespersons, and their views do not necessarily reflect those of Flex Fit Nest.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Flex Fit Nest or Posted on Any FlexFitNest.com Page

Flex Fit Nest does not claim ownership of the materials you provide to FlexFitNest.com (including but not limited to questions, feedback, suggestions and photos) or post, upload, input, email, message or submit to any Flex Fit Nest Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, emailing, messaging or submitting your Submission you are granting Flex Fit Nest, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Flex Fit Nest is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Flex Fit Nest’s sole discretion.

By posting, uploading, inputting, providing, emailing, messaging or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Flex Fit Nest from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Flex Fit Nest Content accessed through FlexFitNest.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Flex Fit Nest, its owners, creators, publishers, officers, directors, employees, agents and third parties, for any losses, costs or debt, damages, claims, liabilities and expenses (including but not limited to attorney’s fees) relating to, arising out of, or alleged to arise out of your use of, misuse of, or inability to use the Site, Content or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Flex Fit Nest reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flex Fit Nest in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Flex Fit Nest agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Medical Disclaimer

FlexFitNest.com and its Content are strictly for informational use only. It is not medical or professional advice, it is not meant to be seen as medical or professional advice, it should never take the place of medical or professional advice, and it is not written by medical professionals. No information on this Site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.

The information on this Site has not been evaluated by the Food and Drug Administration. Nothing on this Site is intended to recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. You should absolutely consult a qualified medical professional before making any health decision or taking any product and always consult your doctor before beginning any diet or workout program or making any changes to your current diet or workout program. Information found on or received through this Site should not be used in place of a visit with, call to, consultation or advice from a professional health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLEX FIT NEST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FLEX FIT NEST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS CONTAINED ON THE SITE OR ITS CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FLEX FIT NEST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLEX FIT NEST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLEX FIT NEST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, ITS CONTENT OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Testimonials Disclaimer

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

Termination/Access Restriction 

Flex Fit Nest reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flex Fit Nest as a result of this agreement or use of the Site. Flex Fit Nest’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Flex Fit Nest’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Flex Fit Nest with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Flex Fit Nest with respect to the Site and Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flex Fit Nest with respect to the Site and Content. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes to Terms

Flex Fit Nest reserves the right, in its sole discretion, to change the Terms under which FlexFitNest.com is offered. The most current version of the Terms will supersede all previous versions. Flex Fit Nest encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Flex Fit Nest welcomes your questions or comments regarding the Terms. 

Email Address: info@FlexFitNest.com

Effective as of January 31, 2025