Terms of Use for Forever Fit

Last Updated: May 21, 2025

These Terms of Use (“Terms”) govern your access to and use of the Forever Fit online fitness and wellness program ("Service"), provided by Silver Magic LLC, a New York limited liability company (“Silver Magic,” “we,” “our,” or “us”). Forever Fit is designed for seniors aged 60 and older in the United States and includes limited nutrition recommendations. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

 

1. Eligibility

You must be at least 18 years of age to access and use the Service. By using the Service, you represent and warrant that you are at least 18 years old and legally able to enter into this agreement.

 

2. Not Medical Advice

The Service, including all fitness programs, videos, exercise plans, written materials, and nutrition recommendations, is intended for informational and general wellness purposes only. The Service is not medical advice, nor a substitute for medical advice, diagnosis, or treatment. You should consult a licensed physician or qualified healthcare provider before starting the Service or making any changes to your diet, exercise routine, or medical treatment. You should never stop, delay, or change the course of any medical treatment prescribed by your healthcare provider based on the Service. Meal recommendations are not intended for the diagnosis, prevention, monitoring, treatment, alleviation, cure, or mitigation of any disease, health or medical condition, injury, disability, or physiological or pathological process or state.

 

3. Medical Clearance and Health Representations

By using the Service, you represent and warrant that:

  • You have consulted with a licensed physician or qualified healthcare provider and are medically cleared to participate in the Service.
  • You are free from any condition, impairment, or disease that could prevent you from safely engaging in physical activity or could present a health risk.
  • You understand that participation in the Service involves physical activity that involves inherent risks and you voluntarily participate at your own risk, acknowledging that injury, including serious injury, is possible. 

In the event of a medical emergency, you agree to immediately stop using the Service and contact emergency services or a qualified healthcare provider.

 

4. User Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:

  • Use the Service in a way that violates any applicable federal, state, or local laws or regulations.
  • Share, post, or transmit any content that is defamatory, obscene, or infringing on the rights of others.
  • Attempt to access or interfere with the Service’s security, servers, or networks.

 

5. Assumption of Risk

You acknowledge that physical exercise and dietary changes carry inherent risks, including the risk of injury or adverse health effects. You assume all risks associated with your use of the Service, including but not limited to risks of injury, illness, or aggravation of pre-existing conditions. You agree that your participation in the Service does not replace your own good judgment and common sense, and you will not exceed your physical limits or perform activities that you feel are unsafe or unsuitable for you. Discontinue use if you experience discomfort, pain, or any adverse effects.

 

6. Meal and Nutrition Content

Any meal suggestions or nutrition-related content provided through the Service:

  • Are not a substitute for medical or dietary advice from a licensed healthcare provider.
  • Are not intended for use in the diagnosis, prevention, monitoring, treatment, alleviation, cure, or mitigation of any disease or health condition.
  • Should only be followed after consultation with your physician or a registered dietitian.

 

7. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, express or implied. Silver Magic does not guarantee that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. Silver Magic does not make any representations or warranties regarding:

  • The accuracy, reliability, completeness, or suitability of any content forming part of or provided through the Service, including workout plans, exercise videos, meal recommendations, and other similar content;
  • Any results or outcomes from using the Service, including fitness improvements, weight loss, or health benefits;
  • The qualifications, certifications, or quality of any third-party providers or business users you may interact with through the Service.

We disclaim all warranties including, but not limited to, merchantability, fitness for a particular purpose, and non-infringement.

 

8. Limitation of Liability

To the fullest extent permitted by applicable law, Silver Magic LLC and its officers, directors, members, employees, contractors, and agents shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the Service, even if advised of the possibility of such damages;
  • Any injuries or health conditions arising from your participation in any aspect of the Service; 
  • Any third-party interactions or reliance on third-party information.

In no event shall Silver Magic’s total liability to you exceed the amount paid by you for the Service in the six (6) months preceding the event giving rise to liability.

 

9. Indemnification

You agree to indemnify, defend, and hold harmless Silver Magic LLC, its officers, directors, members, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys’ fees) arising from:

  • Your use or misuse of the Service;
  • Your violation of these Terms;
  • Any third-party claims related to your use of the Service, including but not limited to claims of injury, property damage, or infringement of rights.

 

10. Cancellation and Refund

We want you to be satisfied with your experience. If for any reason you are not satisfied, you may request a cancellation and full refund within seven (7) calendar days of your initial purchase of the Service. To request a refund, you must email us at [email protected] within the 7-day window. After the 7-day period, all purchases are non-refundable and non-transferable, regardless of whether you have accessed or completed the program content.

We reserve the right to deny refund requests that do not comply with these terms or that appear to be made in bad faith.

 

11. Intellectual Property

All content provided through the Service, including workout plans, exercise videos, meal recommendations, text, graphics, logos, and software, is the property of Silver Magic or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent. . 

12. Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Service shall be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in New York, New York, by a single arbitrator. You and Silver Magic will share the costs of arbitration equally, except that each party will bear its own attorneys’ fees unless otherwise required by law. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. You waive any right to a jury trial or to participate in a class action or class-wide arbitration. This arbitration clause does not apply to claims for injunctive relief or disputes involving intellectual property rights. 

 

13. Modifications to the Service and Terms

Silver Magic may modify these Terms at any time by posting the updated Terms on the Service or notifying you directly. Silver Magic also may modify, suspend, or discontinue the Service at any time, with or without notice. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service. 

 

14. Termination

Silver Magic may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Service will cease immediately, and any provisions of these Terms that by their nature should survive (e.g., indemnification, limitation of liability, arbitration) will continue to apply. 

 

15. Force Majeure

Silver Magic will not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or technical failures. 

 

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any legal action not subject to arbitration will be brought exclusively in the federal or state courts located in New York County, New York, and you consent to the jurisdiction and venue of such courts. 

 

17. Entire Agreement

These Terms, constitute the entire agreement between you and Silver Magic regarding your use of the Service and supersede any prior agreements or understandings. 

 

18. Contact Us

If you have any questions about these Terms, please contact us at:

Silver Magic LLC
Email: [email protected] 

Address: 200 W 112th St. Apt. 3B, New York, NY 10026