Terms and Conditions
-
ACCEPTANCE OF TERMS
This Terms and Conditions agreement ("Agreement") is between FitKit Wellness, LLC and its affiliated entities (collectively, "FitKit Wellness," "we" or "ours") and you and your agents ("you" or "yours") for the use of this web site (the "Site"). By using the Site, you agree to this Agreement.
-
OWNERSHIP OF SITE AND RESTRICTIONS ON USE OF CONTENT
The Site is owned by FitKit Wellness LLC. You acknowledge that this Site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by FitKit Wellness or by licensors of FitKit Wellness. You agree and acknowledge that, notwithstanding that FitKit Wellness permits access to the Content, the Content or its use or the use of this Site is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by FitKit Wellness and third parties. In addition to FitKit Wellness's and its licensors' rights in individual elements of the Content, FitKit Wellness owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Site and/or any of the Content, in whole or in part.
-
PRIVACY POLICY
Our Privacy Policy may be viewed here. The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.
-
DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FITKIT WELLNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FITKIT WELLNESS MAKES NO WARRANTY THAT THE SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USING THE SITE.
-
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FITKIT WELLNESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF FITKIT WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
-
YOUR CONDUCT ON THE SITE
In the event that FitKit Wellness permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials (collectively, "User Content") for display on the Site or otherwise, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party's rights. By submitting User Content to FitKit Wellness, you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise transmitting through or posting on the Site (including in any e-mail message or any chat board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that FitKit Wellness is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other party or user of the Site. You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s). You may not directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect FitKit Wellness or any user of the Site. You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
-
YOUR WARRANTIES
By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that you and your employees and agents use of the Site and of any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
-
MEDICAL DISCLAIMERS
This Site and Content, and the FitKit Wellness online tools, and other products and services offered on the Site (the "FitKit Wellness Products and Services"), are for informational purposes only and are not intended to replace or substitute for any professional or medical advice. Neither FitKity Wellness nor its suppliers provide medical advice or diagnoses. In addition to the "Disclaimer of Warranties" and "Limitation of Liability" paragraphs above, FitKit Wellness makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Site or Content or by use of the FitKit Wellness Products and Services. You should not make medical, treatment, or other health care decisions based solely on the Site or Content or the FitKit Wellness Products and Services; such decisions should be made with the advice of a qualified health care professional. Always seek the advice of a qualified health care professional before starting any exercise or diet program or using the FitKit Wellness Products and Services or if you have specific concerns or a situation in which you require professional or medical advice. Never disregard professional medical advice or delay in seeking it because of something you read on the Site or find in the FitKit Wellness Products and Services. The FitKit Wellness Products and Services are dependent upon the accuracy and completeness of the information you enter. All the questions must be answered fully and completely in order for the FitKit Wellness Products and Services to be used properly and responsibly. Results are not intended as a substitute for medical/health care. Your use of this Site or FitKit Wellness Products and Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on FitKit Wellness's part or the part of our suppliers. Although exercise is beneficial, there is still the risk of injury. Proper warm-up is mandatory before every workout to ensure that you protect your tendons, ligaments, and joints from injury. If you experience any strain or pain while training, stop and immediately consult a qualified health care professional.
-
DISCLAIMER OF CONTENT
You understand and acknowledge that FitKit Wellness assumes no responsibility to screen or review Content and/or User Content that is originated by parties other than FitKit Wellness, and that FitKit Wellness shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Site. FitKit Wellness expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
-
YOUR SUBMISSIONS
If you contact FitKit Wellness with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, the Content or any item on the Site (collectively, "User Feedback"), the User Feedback shall be deemed to be non-confidential and FitKit Wellness shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that FitKit Wellness shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, FitKit Wellness shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. FitKit Wellness shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
-
LINKS
The Site may provide links to third party web sites, or third parties may provide links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by FitKit Wellness with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and FitKit Wellness is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. FITKIT WELLNESS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
-
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials, information, products and services available on the Site are solely available in or applicable to the United States, its territories, possessions and protectorates. FitKit Wellness makes no representation that materials or information in this Site, or the products and services available on the Site, are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
-
INDEMNITY
You agree to defend, indemnify and hold FitKit Wellness, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site and/or its Content and/or User Content. FitKit Wellness shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
-
TRADEMARK INFORMATION
This Site contains valuable trademarks owned and used by FitKit Wellness or its affiliated entities. FitKit Wellness uses these trademarks to distinguish its goods and services from those of others. The Site may also contain references to other entities' trademarks and service marks. Such references are for identification purposes only and are used with permission of their respective owners. FitKit Wellness does not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing in its Site. You may use FitKit Wellness's trademarks strictly for personal, noncommercial use except if the use is commercial and you make clear that FitKit Wellness is the owner of the trademark(s), you may use our trademarks by linking directly to our homepage (www.fitkit.com) or by receiving our prior express written consent. You may not use our trademarks in any way that would cause confusion, disparagement, unfair competition or in a manner that would appear to create some association with FitKit Wellness or FitKit Wellness's products or services.
-
INTELLECTUAL PROPERTY POLICY
FitKit Wellness reserves the right to terminate this Agreement in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), FitKit Wellness's designated agent for notice of alleged copyright infringement in connection with the Website is: Amie Hoff, FitKit Wellness, LLC 4307 Main St, Grasonville, MD 21638, info@fitkit.com to file a notice of infringement with FitKit Wellness, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website.
-
MISCELLANEOUS
You understand and agree that FitKit Wellness may from time to time establish and revise practices and limitations concerning the Site and your use of the Site. You agree that FitKit Wellness shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Site or transmitted using the Site. This Agreement constitutes the entire agreement between you and FitKit Wellness and governs your use of the Site. You also may be subject to additional terms and conditions that may apply when you use third party content or Site available through the Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and FitKit Wellness and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and FitKit Wellness will be governed by the laws of the state of Maryland, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and FitKit Wellness will rest exclusively in the state and federal courts located in the state of Maryland. The failure of FitKit Wellness to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or this Agreement must be filed within one year after such claim or cause of action arose. FitKit Wellness may provide notice to you by email or regular mail. The Site may also provide notice of changes to this Agreement from time to time by displaying notices to you on pages of the Site. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.