FITTRON.COM Terms of Service
This Fittron.com Terms of Service ("Agreement") is by and between Fittron, LLC ("Fittron") a New Jersey limited liability company and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Fittron.com (the "Website").
By using the Website, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Website. Fittron reserves, the right, at any time, without prior notice to You, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Service (as defined below) after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Eligibility: You must be sixteen (16) years of age or older to use the Website. By accepting this Agreement, you represent and warrant that you are sixteen (16) years of age and you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement.
2. Description of Service. Fittron provides You with access to a database of fitness professionals and facilities throughout the country (collectively "Fitness Professionals and Facilities") allowing you to search for Fitness Professionals and Facilities within a given geographic area (the "Service"). The Service also includes various communication tools, including solicitation boards. You are responsible for obtaining access to the Website, including provision of all equipment necessary for Your internet connection, access to the internet, and payment of any fees related to such connection.
3. Modifications, Operations, and Interruption to Service. Fittron reserves the right to edit, move, delete or discontinue all or part of the Service with or without notice at Fittron's sole discretion. Fittron shall not be liable to You or any third party should Fittron exercise such rights. You acknowledge that Fittron has editorial discretion to determine the structure and content of the Website. You acknowledge and accept that Fittron does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Fittron's control. Fittron shall have no liability for any interruptions in the use of its Website.
4. Length of Term. You agree that the terms of this Agreement shall continue in full force and effect so long as You use the Website and the Service.
5. Fittron's Privacy Policy. You agree by accepting this Agreement, You are consenting to the use and disclosure of Your personally identifiable information and other practices described in Fittron's Privacy Policy Statement.
6. Your Conduct. You are fully responsible for any and all content you post on or transmit through the Website, including, without limitation, photos, music, graphics, personal profile, messages, e-mail messages, (collectively, "Content"), and the consequences of any such Content. With respect to Your use of the Website, the following actions are prohibited:
* Posting, uploading, providing links to, transmitting, or otherwise making available any content that Fittron deems to be threatening, abusive, harmful, harassing, vulgar, obscene, hateful, fraudulent, libelous, defamatory, invasive of another's privacy, or racially, ethnically or otherwise objectionable.
* Impersonating any person or entity.
* Creating a false or misleading identity.
* Submitting unlawful or illegal materials, or promote unlawful or illegal activities.
* Submitting and/or using copyrighted materials without the owner's prior consent.
* Engaging in any activity to harm minors in any way.
* Collecting usernames, e-mail addresses, or other personally identifiable information of users of the Website.
* Posting, uploading, providing links to, transmitting, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are specifically designated for such purpose.
* Engaging in any activity to reverse engineer, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Website.
* Engaging in any activity involving the use or transmission of a computer virus or other harmful program.
* Using the Website in any way that violates applicable state, federal or international laws, regulations or other government requirements.
* Engaging in any activity that negatively affects other users ability to access and/or use the Website.
* Engaging in any activity causing Fittron or a third party to suffer any loss or damage, or any activity that may reasonably be so construed.
7. Rights in Content Posted by You. By publishing, displaying or uploading Content on or to the Website, You automatically grant, and You represent and warrant that you have the right to grant, to Fittron, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
8. Non Commercial Use. The Website, including the Service, are for users' personal use. Unless You have registered as a Fitness Professional or Facility, You may not use the Website or the Service in connection with any commercial endeavors without the express written consent of Fittron. Organizations, companies, and/or businesses other than those who have registered as a Fitness Professional or Facility may not use this Site for any purpose.
9. Termination of Service/Removal of Content.
10. Termination of Service/Removal of Content. You acknowledge and agree that Fittron does not pre-screen or approve content; however, Fittron You understand and agree that Fittron may, in is sole discretion, terminate your use of the Website and the Service, and/or edit, remove and discard any content within the Website for any reason, including, without limitation, if Fittron believes You have violated or acted inconsistently with the terms of this Agreement, with or without notice. You agree that Fittron shall not be liable to You or any third party for any termination of Your access to the Website and/or the Service.
11. Third Party Sites. The Website may include links to other sites on the internet that are owned and operated by online merchants and other third parties, including, without limitation, Fitness Professionals and Facilities. You acknowledge that Fittron is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to he terms of use and privacy policies of each site, and Fittron is not responsible therein. Fittron encourages You to review said privacy policies of third-party sites.
12. Disclaimer Regarding Accuracy of Information. Information appearing on the Website, may have been provided by third parties, including, without limitation Fitness Professionals and Facilities, or collected from publicly available sources. While Fittron makes every effort to ensure that the information on its Website is accurate, Fittron cannot make any representations or warranties as to the accuracy or reliability of any information provided on its Website.
Fittron makes no warranties or representations whatsoever with regard to any product or service offered by any third party, including the Fitness Professionals and Facilities, and You acknowledge that any reliance on representations and warranties provided by any third party, including Fitness Professionals and Facilities, shall be at your own risk.
13. Fittron's Proprietary Rights. You recognize and agree that the entire content of the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Fittron's copyrighted and trademarked intellectual property. Any use of any materials on the Website, including reproduction, modification, distribution or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fittron is strictly prohibited. All users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our webpages or the content contained therein without prior written permission of an authorized officer of Fittron.
All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors.
14. Notification of Claimed Copyright Infringement. Fittron's Agent for Notice of claims of copyright infringement on the Website can be reached by submitted a message at webmaster@fittron.com.
15. Disclaimer of Warranties. The Website and the Service provided by Fittron are provided on an "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: (1) MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY AND RELIABILITY; (6) NON-INFRINGEMENT; (7) QUIET ENJOYMENT; AND (8) TITLE. YOU AGREE THAT ANY EFFORT BY FITTRON TO MODIFY ITS SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY FITTRON WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PRUPOSE.
16. Limitation of Liability. YOU AGREE THAT FITTRON SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT, THE WEBSITE OR INFORMATION CONTAINED IN IT, OR OTHERWISE, EVEN IF FITTRON WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitations may not apply to You. In such jurisdictions, Fittron's liability is limited to the greatest extent permitted by law.
17. Indemnification. You agree to release, defend, indemnify and hold harmless Fittron and its members, officers, employees, contractors, and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your Profile, any information arising out of content you submit, post, transmit or make available through the Website or the Service, Your use of the Website and the Service, Your violation of this Agreement, or Your infringement of any intellectual property or any other rights of any person or entity.
17. Notice. Notices to You may be made via email or regular mail.
18. Governing Law and Jurisdiction; Waiver of Jury Trial. The Website is operated and provided in the State of New Jersey and the construction, validity, and performance of this Agreement shall be governed by, and construed in accordance with, the laws of the State of New Jersey, the parties expressly waive choice of law rules. You agree that venue and personal and exclusive jurisdiction shall lie in the County of Bergen, State of New Jersey. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO JURY TRIAL.
19. Entire Agreement. This Agreement supercedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties' signature.
20. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired, and shall continue in full force and effect.