Effective Date: January 9, 2014
Please read these Terms and Conditions (the “Terms”) carefully because they are legally binding on you. By visiting bFitandLive.com (the “Site,” “We,” “Us,” or “Our”), you agree to be bound and abide by these Terms and Conditions, as well as our Privacy Statement available at http://yourperfecttrainer.com/privacy-policy. If you do not want to agree to these Terms and Conditions or the Privacy Statement, you may not visit the Site. We update these Terms and Conditions every once in a while whenever we feel appropriate without prior notice to you. The date of the last update is indicated at the top of this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms and Conditions constitutes your acceptance of the changes.
Neutral Venue. Our Site is a neutral online platform to connect health/fitness/wellness/coaching professionals with health and well being enthusiasts. The Site does not play an active role in agreements and arrangements between its users. As a neutral venue, we are not a party to any member agreements and have no control over user conduct. Therefore, we disclaim all liability arising out of or related to user agreements, conduct and services purchased and performed. All Site content is provided “AS IS,” with no warranties of any kind. Even though we attempt to verify personal trainers’ credentials, your use of the personal training services is at your own risk. We disclaim all liability arising out of or related to personal training services arranged through our Site. We are not liable for any property damage, bodily injury or death of the site user or any third party. Under no circumstances will the site be liable for any amounts exceeding the collected service charge for the three months preceding the time when the claim arose.
No Medical Advice. All materials on this Site are provided for general informational purposes only. We are not medical professionals and nothing on our Site constitutes medical advice. Any exercise program, including the exercise routines presented on our Site, may result in injury. To reduce the risk of injury, consult your doctor before beginning any exercise program. The materials presented on our Site in no way substitute medical counseling. You must not avoid or delay medical treatment because of anything you read on our Site.
Affiliate Disclosure. This Site may contain advertising, paid endorsements and affiliate links. Even though we may receive compensation for such content, we only give our honest opinions about the products and services reviewed by us. The opinions and evaluations presented are purely our own. Any product or service claim or other representation should be independently verified with the manufacturer or service provider.
Site Content. You acknowledge that the Site shall have the right (but no obligation), at its sole discretion, to refuse, modify, delete or move any content, for any reason.
The Site is owned and operated by bFitandLive LLC, an Illinois limited liability company. Site contents and features, images, information, registered and unregistered trademarks are the exclusive property of bFitandLive LLC, its users and content suppliers. Site contents is protected by the US and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. You may not republish the contents of this Site, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
By submitting any content to us, including but not limited to profile information, articles, comments, and posts, you are granting us a nonexclusive, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute (including for advertising/promotional purposes) such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
You shall be solely responsible for the content you submit to or through our Site. You represent and warrant that you own or have the necessary rights, licenses and permissions to publish your content and to grant us the license to use such content as contemplated by these Terms and Conditions.
We do not undertake to screen all user submitted content for truth, accuracy and intellectual property rights infringement. Publication of user submitted content on our Site does not constitute our endorsement of such content.
We respect the intellectual property rights of others and expect the users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond to claims of copyright infringement committed using our Site if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.
Our DMCA Copyright Agent to receive notices of infringing material is:
341 Fontaine Ct, Danville, CA
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
By using this Site, you represent and warrant that you are of legal age and have the full capacity to form a legally binding contract.
You must only provide correct, current and complete information to the Site.
You acknowledge that we are not liable for any services and products acquired through our Site.
Anybody who accesses the Site through your Internet connection must be aware of these Terms and Conditions, and that they comply with them.
By accessing our Site via a mobile device, you acknowledge that we may receive the information regarding your mobile carrier and geolocation data.
You must treat your login credentials confidential. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation.
You agree not to use the Site for any illegal purpose. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not:
You agree to pay all sums when due.
By creating a personal trainer account on our Site you explicitly agree to provide the highest level of service to clients. If the client refuses to pay or requests a refund, we will not interfere and will not collect the fees on your behalf.
We may terminate or suspend any account for any violation of this Section.
For 24 months from the time you find another Site user for personal training or related services (“Exclusivity Period”), you must use the Site as your exclusive method to request, make and receive all payments for services arising out of your relationship with that party. You may opt-out of this obligation only by paying an opt-out fee of $2,000 USD.
You agree not to circumvent the payment methods offered by the Site. Without limiting the generality of the foregoing, you must not submit proposals or solicit parties identified through the Site to contact, hire, manage or pay outside the Site. You agree to notify us immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to us by sending an email message to: support@bFitandLive.com
You agree to indemnify and hold the Site (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages arising out of or related to any services or items obtained through the Site, a breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions and arrangements. You are solely responsible for your interactions, agreements and disputes with other users. The Site reserves the right, but has no obligation, to facilitate disputes between its users. You may submit your complaints to us to support@bFitandLive.com
We have the right to take any action that we deem necessary or appropriate if we believe that any user violates the Terms and Conditions, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:
You expressly agree that use of this site, services and items obtained through the site is at your sole risk. We do not warrant that use of the site will be uninterrupted or error free; nor do we make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, completeness, reliability or content of any information,services, products, or statements provided through this site. The site and all content, statements and other information contained on the site, and products and services accessible or available through the site are made accessible or available on an “as is” and “as available” basis. We hereby disclaim any and all representations, warranties and conditions, whether express or implied, as to the operation of the site or the content, statements or other information contained on the site, or the products or services accessible or available through the site, including, but not limited to, those of title noninfringement, merchantability, and fitness for a particular purpose.
In no event shall bfitandlive llc, its subsidiaries, affiliates nor any of their respective employees, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the site, the content, statements and other information contained therein, the products or services accessible or available through the site or these terms and conditions. Total aggregate liability arising out of or related to these terms and conditions shall not exceed the amounts paid by you during the three months preceding the bringing of any claim, or five hundred dollars, whichever is less.
A refund will only be given for unused training sessions if the client requests the refund within 30 days of the purchase date.
You and bFitandLive LLC are independently contracting parties. Nothing contained in these Terms shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship. You have no authority to act as agent for, or on behalf of, bFitandLive LLC, or bind it in any manner.
You will not be entitled to worker's compensation, retirement, insurance or other benefits afforded to employees of bFitandLive LLC.
Each member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services. You acknowledge that bFitandLive LLC will not issue 1099 tax forms.
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Should any part of these Terms and Conditions be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
The Site and the Terms will be governed by, and construed in accordance with, the laws of Illinois, with the exclusion of its principles of conflicts of laws which would permit the application of laws of another jurisdiction. Any litigation, dispute or claim arising from or related to the use of the Site shall be subject to the jurisdiction of the courts sitting in Chicago, Illinois, and you hereby accept to submit to the exclusive jurisdiction of those courts.
Please submit all comments, requests and questions relating to the Site to support@bFitandLive.com
Breaking/Building Stuff - At an early age I had an extremely inquisitive mind. Much to the dismay of my parents I learned that one of the best ways to learn about something was to take it apart. More times than not, the result was an expensive toy that wouldn't go back together. However the result was an amazing parts bin of servos, motors, electronic control boards, and gears that could then be fashioned into interesting creations of my desire.
I remember in 3rd grade during an unusually hot lunch break outside on the playground I got an idea. I took an old motor and propeller blade from a toy (GI Joe hovercraft if you need to know) and brought it to school. I dismantled and reconfigured it with a switch, some wire, and then made a fan to cool myself off after recess. While the other kids stood there sweltering, I fired off the fan and began cooling off. It wasn't pretty, but it was effective. It got stolen the next day.
I've always had a love for science and the scientific method for solving problems. Physics, Math, Chemistry, Biology always came naturally to me as they were systems governed by a specific set of laws/rules. At least until you get to the subatomic level anyway. Learn the rules/laws and apply accordingly. Although I didn't pursue a career in the sciences, I credit my academic studies for providing the foundation to build my IT career. I have no regrets in the sweat equity I built up while in College. My future however was in Information Technology.
Great question. I've been fortunate in my career as an IT professional, solving some of the most vexing problems in business with creative and innovative solutions. Often times, the solution was under our noses, and all my customers really needed was to have that scientific method applied in a pragmatic manner to solve their issues.
Along my ascension on the corporate ladder were many amazing late night dinners, bottles of fine wine from around the world, and Scotch that my palate wasn't sophisticated enough to appreciate. Doing this for 15 years took a toll on me physically. At 37 years old, 5'8, and 190 pounds I was sick both physically and emotionally. Something needed to change. One day, I had "the moment" and knew I needed to get healthy.
I went back to what I knew and like my old toys I dissected myself (figuratively of course). I dissected my habits, my emotions, and my life in general. I was determined to do away with the old habits that got me to that point, and build new. Nobody needs 5 Diet Cokes a day. This time, I would put the toy back together successfully, and it would be better.
I became a student again, this time of nutrition, health, and wellness. I learned as much as I could and leaned heavily on fitness role models in my life (my wife, my brother in-law, and my brother) all in their late 30's or early 40's and in incredible shape. Just like many of the biological systems I learned about in school and the rules that governed those, your body is a system governed by rules. I call this my "DUH Moment." Know the rules that govern a healthy lifestyle, apply them, and you will bFit for life.
I lost 29 pounds. A relatively small amount compared to others. However this weight loss has been transformational for me. So much so that I became consumed with how I could help others achieve a healthy lifestyle. With a bit of prodding from my best friend and Co-Founder (my wife), we decided to take immediate action. The result is the bFitandLive platform.
I don’t know what it was but I always had a thing for helping people. I remember in kindergarten where we had to show up wearing a costume of what we wanted to do as a chosen profession when we grow up. I was dressed as a nurse, cap and all. I’m pretty sure that influence came from my parents. My dad, may he rest in peace, was a doctor and my mother a nurse. My father had his own clinic in the Philippines. From what I recall as a young child, my father helped out the patients even though they had no money to give him for payment. In return for his service they would would give him food, livestock, or just their gratitude. I saw that and realizing at a later age that he had so much passion for helping people. I wanted to be like that too. My parents are my heroes and they were the foundation that shaped me to become the person I am today.
I have always been an active child and a huge tomboy. When little girls wanted to be at home playing dolls, I was outside playing sports and climbing trees. I favored playing softball in my grade school years. In high school, I dabbled in track and field for a little bit but never stuck to it, partly because I was asthmatic as a child. I continue to struggle with it as an adult. My brother, sister and I used to play sports together often and when my brother started lifting weights I also started to take interest in it. I started lifting weights at 15 and really haven’t stopped since.
Fitness remained a part of my life through college and later in life. When I went to college I made the decision not to be a nurse, or pursue any health profession for that matter. It might have been all the science classes I would have to take. Maybe it was visiting my mother at Cook County Hospital as a teenager, the smell of sickness has never left me to this day. I decided to find another way in making myself useful to society went to college for business marketing. After I graduated, I became a real estate agent and thought that would be a way I could help people achieve their dreams. I was an agent for a few years until I became pregnant with my daughter. My husband (Phil) and I decided that I would become a stay at home mom.
As a mother, the most important thing is caring for the welfare of my child and providing her with the best nutrition, education, and parenting I can. The most important thing in my life is to be a good role model for my daughter. The decisions I make everyday are influenced by the needs and well-being of my child. However even as much as I love being a mother, I wanted to do something for myself. I decided to go back to school and study early childhood education. I became an active participant in my daughter’s school when she went to preschool. I noticed that many parents around me were active in their children’s education, many were also conscious about their children’s nutrition. It was also painfully apparent that some were more naïve about the impact that poor nutrition could have on themselves and their children.
Our country has an alarmingly high rate of obesity for children. Some experts are calling it an epidemic. I decided that I wanted to combine what I learned from my background in early childhood education withy my passion for fitness in order to promote healthy living in children. My goal is to leverage this knowledge/passion in order to change the habits of parents and children so we can have a better tomorrow. With the help of my incredibly good looking husband and my brother, we created bFitandLive to bring people together and help promote a healthy lifestyle.
At an early age, my parents instilled upon me the idea that with hard work and dedication you can accomplish about anything you put your mind to. I was born in the Philippines and raised in the United States. As a child I was always small and skinny, and usually the last kid to be picked for any games at the playground.
That motivated me at an early age to start exercising. I lifted weights in high school and played in all kinds of sports. Though I was active and fit, my diet was extremely poor. I had no concept of nutrition and eating healthy.
In 2001, I suffered empyema and almost died. I was hospitalized and had surgery to put a chest tube in my back for 6 months so my lungs wouldn’t fill up with fluid causing me a slow painful death by drowning. Luckily I pulled through. That was a wake up call for me. I needed to change my lifestyle habits and care more about my body as I aged. I started by paying more attention to my nutrition and continuing my workout regimen, more committed than ever.
I’m a former IT geek but realized later in life that my calling is to become a fitness geek. My true passion is helping others get in better shape by promoting a healthy lifestyle. At the age of 41, I competed in my 1st ever natural bodybuilding competition and won 1st place and Best in Show. Not too bad for an old guy. It is never too late to accomplish what you want! bFitandLive!
Spike doesn’t have time for writing bios, he’s too busy getting jacked and motivating the bFit Nation. Please see his interview here for all you need to know.