Agreement between user and www.fitnessX.com
Welcome to www.fitnessX.com. The www.fitnessX.com website (the “Site”) is comprised of various web pages operated by FitnessX Products/Services Co., LLC. (“FitnessX Products/Services Co., LLC.”). www.fitnessX.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.fitnessX.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.fitnessX.com is a Fitness Services & products SiteInformation on Health, Fitness & Wellness. Products (supplements, Magazine, fitness & casual clothes) & Fitness services.
Visiting www.fitnessX.com or sending emails to FitnessX Products/Services Co, LLC. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FitnessX Products/Services Co., LLC. is not responsible for third party access to your account that results from theft or misappropriation of your account. FitnessX Products/Services Co., LLC. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. FitnessX Products/Services Co, LLC. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.fitnessX.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.fitnessX.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FitnessX Products/Services Co, LLC. and FitnessX Products/Services Co, LLC. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FitnessX Products/Services Co, LLC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FitnessX Products/Services Co, LLC. of the site or any association with its operators. Certain services made available via www.fitnessX.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.fitnessX.com domain, you hereby acknowledge and consent that FitnessX Products/Services Co, LLC. may share such information and data with any third party with whom FitnessX Products/Services Co, LLC. has a contractual relationship to provide the requested product, service or functionality on behalf of www.fitnessX.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FitnessX Products/Services Co, LLC. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FitnessX Products/Services Co, LLC. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FitnessX Products/Services Co, LLC. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FitnessX Products/Services Co, LLC. or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. FitnessX Products/Services Co, LLC. has no obligation to monitor the Communication Services. However, FitnessX Products/Services Co, LLC. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FitnessX Products/Services Co, LLC. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. FitnessX Products/Services Co, LLC. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FitnessX Products/Services Co, LLC.’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FitnessX Products/Services Co, LLC. does not control or endorse the content, messages or information found in any Communication Service and, therefore, FitnessX Products/Services Co, LLC. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FitnessX Products/Services Co, LLC. spokespersons, and their views do not necessarily reflect those of FitnessX Products/Services Co, LLC.. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to www.fitnessX.com or posted on any FitnessX Products/ Services, LLC. web page
FitnessX Products/Services Co., LLC. does not claim ownership of the materials you provide to www.fitnessX.com (including feedback and suggestions) or post, upload, input or submit to any FitnessX Products/Services Co., LLC. Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FitnessX Products/Services Co., LLC., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. FitnessX Products/Services Co., LLC. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FitnessX Products/ Services, LLC.’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your FitnessX Products/Services Co., LLC. account to third party accounts. By connecting your FitnessX Products/Services Co., LLC. account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by FitnessX Products/Services Co., LLC. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FitnessX Products/Services Co., LLC. Content accessed through www.fitnessX.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FitnessX Products/Services Co., LLC., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FitnessX Products/Services Co., LLC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate FitnessX Products/Services Co., LLC. in asserting any available defenses.
Please note: FitnessX Magazine (FitnessX Products/Services Co., LLC.), is not liable for any injury due to the suggestions and advice given in all issue (magazines) or www.fitnessX.com website. All readers must consult their physician prior to starting a new exercise and nutrition program.
This is a RocketLawyer.com Prepared document.