The following terms and conditions govern all use of the macrofit.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Macrofit ("Macrofit"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Macrofit's Privacy Policy) and procedures that may be published from time to time on this Site by Macrofit (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Macrofit, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Your macrofit.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Macrofit may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Macrofit liability. You must immediately notify Macrofit of any unauthorized uses of your blog, your account or any other breaches of security. Macrofit will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Macrofit or otherwise.
By submitting Content to Macrofit for inclusion on your Website, you grant Macrofit a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Macrofit will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Macrofit has the right (though not the obligation) to, in Macrofit's sole discretion (i) refuse or remove any content that, in Macrofit's reasonable opinion, violates any Macrofit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Macrofit's sole discretion. Macrofit will have no obligation to provide a refund of any amounts previously paid.
Membership Billing, Renewal, Cancellation, and Payment
Billing Cycles and Scheduled Payments
Macrofit memberships are billed on 28-day billing cycles, not calendar-month billing cycles. The membership price, selected plan, applicable taxes, and any valid promotion, gift card, credit, or discount will be shown at checkout before you submit payment.
Your first payment is charged when you enroll. Your second scheduled payment is charged 21 days after your Program Start Date. Each later scheduled payment is charged every 28 days after the prior scheduled payment. Your Program Start Date is the start date selected or assigned during enrollment and may be different from the date you enroll.
Your billing schedule will be shown at checkout and in your Macrofit account.
Membership Plans and Initial Commitments
Macrofit currently offers the following membership options:
- Monthly: $109 per 28-day billing cycle; no minimum charge commitment.
- 3-Month: $89 per 28-day billing cycle; a 3-charge commitment.
- 6-Month: $74 per 28-day billing cycle; a 6-charge commitment.
By selecting a 3-Month or 6-Month membership, you agree to pay all scheduled charges within the applicable initial commitment. A cancellation request does not cancel, reverse, or avoid charges that are already required within an active commitment.
Some existing members may have a legacy or grandfathered membership. Those members may remain subject to the pricing and terms that applied when their membership was originally established. Grandfathered memberships are not available to new members unless Macrofit expressly states otherwise.
Automatic Renewal and Payment Authorization
By enrolling, you authorize Macrofit and its payment processor to charge your selected payment method for your first payment and all later scheduled payments under your selected membership plan, including applicable taxes and valid promotional adjustments.
Monthly memberships continue every 28 days unless cancelled as described below.
Unless cancelled, a 3-Month membership automatically renews in additional 3-charge blocks at the then-current 3-Month plan price. Unless cancelled, a 6-Month membership automatically renews in additional 6-charge blocks at the then-current 6-Month plan price. Each renewed block is billed every 28 days.
Cancellation
You may cancel your membership through your Macrofit account. To stop a scheduled payment before it is processed, you must submit your cancellation at least 24 hours before the next scheduled billing date.
For a Monthly membership, a cancellation submitted at least 24 hours before the next scheduled billing date stops that next payment and later scheduled payments.
For a 3-Month or 6-Month membership, cancellation stops future renewal blocks but does not stop the remaining scheduled charges in the active 3-charge or 6-charge commitment. If you cancel less than 24 hours before a scheduled billing date, that scheduled payment may still be processed.
Cancellation does not provide a refund for a charge that has already been processed or for a charge that remains required under an active commitment. Access expires 35 days after the final charge that applies to the cancelled membership. Your Macrofit account will show your membership status and available access period.
Failed Payments and Retry Attempts
If a scheduled payment is declined, Macrofit will automatically retry the same unpaid scheduled payment 2 days, 4 days, and 6 days after the original scheduled billing date.
These retry attempts are attempts to collect the same unpaid scheduled payment. They are not additional membership charges. A declined payment does not cancel a payment obligation that is due under your selected membership plan or an active commitment.
Membership Plan Changes
You may request a change to your membership plan through your Macrofit account. A requested plan change does not alter charges, pricing, or billing dates that remain within an active 3-charge or 6-charge commitment.
The requested plan change takes effect before the next scheduled charge after the current commitment has been completed, unless Macrofit expressly confirms a different effective date in writing.
Promotions, Discounts, Gift Cards, and Referrals
Promotional codes, gift cards, credits, referral discounts, and other offers are subject to the specific terms shown at checkout or otherwise provided with the offer. Discounts apply only while the stated eligibility requirements are met. Macrofit may correct a pricing or billing error and may remove an ineligible discount.
Refunds and Billing Errors
Except where required by applicable law or where Macrofit confirms that a charge was made in error, payments are non-refundable. Cancelling a membership does not create a refund right for charges already processed or for charges required within an active commitment.
Changes to Prices or Payment Terms
Macrofit may change prices or payment terms prospectively by providing at least 30 days' prior notice where required by applicable law. A price change will not change the price of a charge that remains within an active 3-charge or 6-charge commitment unless Macrofit clearly discloses the change and applicable law permits it.
Support:
If your service includes access to priority chat support. "Chat support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Macrofit to respond within five business days) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free macrofit.com services. All support will be provided in accordance with Macrofit standard services practices, procedures and policies.
Responsibility of Website Visitors:
Macrofit has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Macrofit does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Macrofit disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted.
Content Posted on Other Websites:
We have not reviewed, and cannot review, all of the material, including computer software made available through the websites and webpages to which macrofit.com links, and the link to macrofit.com. Macrofit does not have any control over those non-Macrofit websites and webpages, and is not responsible for their contents or their use. By linking to a non-Macrofit website or webpage, Macrofit does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Macrofit disclaims any responsibility for any harm resulting from your use of non-Macrofit websites and webpages.
Copyright Infringement and DMCA Policy:
As Macrofit asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by macrofit.com violates your copyright, you are encouraged to notify Macrofit in accordance with Macrofit's Digital Millennium Copyright Act ("DMCA") Policy. Macrofit will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Macrofit will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Macrofit or others. In the case of such termination, Macrofit will have no obligation to provide a refund of any amounts previously paid to Macrofit.
Intellectual Property:
This Agreement does not transfer from Macrofit to any Macrofit customer or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Macrofit, macrofit.com, the Macrofit logo(s), and all other trademarks, service marks, recipes, shopping lists, videos, graphics and logos used in connection with macrofit.com, or the website are trademarks or registered trademarks of Macrofit or Macrofit's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use and subscription to the website grants you no right or license to reproduce or keep anything after your subscription has ended. Please note that all recipes and shopping lists are rented on a weekly basis during your subscription and users will not have access after the week has passed. Macrofit also reserves the right to keep and or delete any customers previously saved data at its discretion.
Advertisements:
Macrofit reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
Attribution:
Macrofit reserves the right to display attribution links such as 'Blog at macrofit.com,' theme author, and font attribution in your blog footer or toolbar.
Partner Products:
By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Domain Names:
You acknowledge and agree that use of this domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
Changes:
Macrofit reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Macrofit may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination:
Macrofit may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your macrofit.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Macrofit if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Macrofit's notice to you thereof; provided that, Macrofit can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties:
The Website is provided "as is". Macrofit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Macrofit nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability:
In no event will Macrofit, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Macrofit under this agreement during the twelve (12) month period prior to the cause of action. Macrofit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty:
You represent and warrant that (i) your use of the Website will be in strict accordance with the Macrofit Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification:
You agree to indemnify and hold harmless Macrofit, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous:
This Agreement constitutes the entire agreement between Macrofit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Macrofit, or by the posting by Macrofit of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Louisiana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Calcasieu Parish, Louisiana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sulphur, Louisiana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Macrofit may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
