Terms of Service
1. Introduction
Welcome to DexaFit Gig Harbor’s website, operated by Fit Finders, LLC dba DexaFit Gig Harbor, an affiliate of DexaFit Health, LLC (collectively, "the Company"). These Terms of Service ("Terms") and all applicable laws and regulations ("Applicable Laws") govern your access and use of the Company’s Website and Software Applications, including its iOS and Android mobile applications (collectively, the "Site"). The information on the Site is for general information and educational purposes, subject to these Terms. We may update these Terms from time to time by posting updates here, so you should check this page periodically. Your use of the Site after any updates means that you accept the changes.
To use the Site, you must be at least 18 years old and agree to these Terms completely. If you do not accept these Terms, you must not access or use the Site. Your access or use of the Site indicates your acceptance of these Terms and representation that you are 18 or older.
Any use of additional services provided by the Company may be subject to additional terms ("Supplemental Terms") which apply when you sign up for a DexaFit service. In case of any inconsistencies between these Terms and the Supplemental Terms, the Supplemental Terms shall govern.
2. Privacy Policy
Please review our Privacy Policy for information about our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated into these Terms.
3. Disclaimer of Warranties and Limitation of Liability
The Company provides the Site as a service to the internet community. The Site is meant to provide general information about its subject matter.
All information is provided “AS IS” without warranties or representations of accuracy. The Company disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent allowed by Applicable Laws. The information on the Site may only be accurate as of the date it was posted and the Company is not responsible for updating it. Your use of the Site and its content is at your own risk.
Any communication or material you transmit to us through the Site or email is transmitted on a non-confidential basis. We have no obligation not to use the communication or material for any purpose, to the fullest extent allowed by Applicable Laws.
To the fullest extent allowed by Applicable Laws, the Company and its affiliates shall not be liable for any direct, incidental, consequential, indirect, or punitive damages, whether based on contract, tort, or otherwise, even if foreseeable, arising from your access, use, or inability to use the Site or any errors or omissions in its content.
By submitting your contact information through our Site, you consent to receive communications from DexaFit Gig Harbor, including service announcements, marketing emails, appointment confirmations, and SMS text messages. You may opt out of marketing communications at any time by following the unsubscribe instructions provided in the message or by contacting us at info.gigharbor@dexafit.com. Message and data rates may apply.
4. No Patient or Client Relationship; No Medical Advice or Diagnosis
The Site does not provide medical advice or diagnosis of disease and is not intended to replace or substitute for medical advice from your doctor or healthcare provider. Your use of the Site does not create a patient or client relationship between you and the Company. The information on the Site should not be used to alter your existing medical treatment, medication regimen, or healthcare activities without consulting your doctor or healthcare provider. If you require urgent care, you should contact emergency services. The Site may contain information about research studies, but it is not intended to be a substitute for medical advice.
THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON OUR SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR SITE, THE INABILITY TO USE OUR SITES, OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF OUR SITE.
5. No Support or Maintenance
You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with our Site.
6. Intellectual Property: Copyrights & Trademarks
The Company name and logo, and all product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of the Company, its affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted. Use, reproduction, copying, or redistribution of these trademarks without the written permission of the Company is prohibited. Neither these Terms (nor your access to our Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth below. The Company and its suppliers, vendors and other agents reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
The entire content of our Site, including any images, text graphics, videos, and other data, is protected by copyright. In consideration for your agreement to these Terms, the Company grants you a personal, non-exclusive, non-transferable license to access and use our Site. You may download material from our Site only for personal, non-commercial use, and our Site may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of the Company.
7. Restrictions on Use
You agree not to misuse the Site or engage in prohibited behaviors as detailed in the full Terms.
8. Notice of Copyright Infringement
If you believe any content on the Site infringes on your copyright, please submit a notice to support@dexafit.com including all legally required elements.
9. Your Content and Information
You are solely responsible for the content you upload or transmit to the Site and grant DexaFit a non-exclusive, royalty-free license to use it in accordance with the Terms.
10. Third Party Sites and Other Applications
We are not responsible for third-party sites, plug-ins, or applications linked through our Site. Use of such services is at your own risk.
11. Severability
Each of the provisions of these Terms operates separately. If one or more provisions are held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms will remain in full force and effect. Without limiting the generality of the preceding sentence, if any remedy set forth in these Terms is determined to have failed of its essential purpose, then all other provisions of these Terms, including the limitation of liability and exclusion of damages, shall remain in full force and effect.
12. Choice of Law
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., excluding its conflict of law rules.
13. Dispute Resolution
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall first be attempted to be resolved informally by contacting us at info.gigharbor@dexafit.com. If informal resolution is unsuccessful, both parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Pierce County, Washington. You waive any objection to such venue, including on the basis of forum non conveniens.
14. No Third Party Beneficiaries
Nothing contained in these Terms is meant or intended to confer any rights, remedies, or benefits upon any third party. The Company may transfer its rights and obligations under the Terms to another organization. You may only transfer your rights or obligations under the Terms to another person if we agree to this in writing.
15. Indemnity
To the maximum extent permitted by Applicable Laws, you agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnitees”) from and against all third-party complaints, charges, claims, losses, expenses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (1) your access to or use of, or inability to access or use, our Site; (2) your breach of these Terms, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct, or fraud; or (3) your violation of Applicable Laws. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
16. Termination
These Terms remain effective until terminated by either you or the Company. You may terminate these Terms at any time by ceasing all use of our Site. Similarly, the Company may, at its sole discretion, terminate these Terms at any time, which may include immediate suspension or denial of access to the Site, without any liability to you.
Upon termination, all rights granted to you under these Terms will cease. However, it is important to note that certain provisions of these Terms will survive termination. These include, but are not limited to, restrictions on use, intellectual property rights, disclaimer of warranties, limitation of liability, and any other terms which by their nature should survive termination. These provisions continue to be binding and enforceable.
Additionally, the Company reserves the right to continue utilizing de-identified personal information previously disclosed by you for research and product development purposes, unless you expressly request its removal in accordance with our Privacy Policy
17. Electronic Communications
The communications between you and the Company use electronic means, whether you use our Site or send us emails, or whether the Company posts notices on our Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
18. Entire Terms
These Terms constitute the entire agreement between you and the Company regarding the use of our Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
19. Contacting Us
If there are any questions regarding these terms of service, you may contact us using the information below.
Email: info.gigharbor@dexafit.com
Last updated on June 30, 2025