|
ShapeFit Terms and Conditions - Terms
of Use For Our Visitors
This website and any other URLs and websites administered by ShapeFit,
LLC and its affiliates (collectively, the “Website”) are offered by
ShapeFit, LLC and its affiliates (collectively, “ShapeFit” or “we”
or “us”) to you, the user, subject to your acceptance of all the terms
and conditions set forth below ("Terms of Use"). The terms "you"
and "user" refers to all individuals and entities that access the Website.
Review ShapeFit's Privacy Policy and Product Liability Waiver.
Privacy Policy
At ShapeFit, we respect your privacy and believe
you should be informed about how we collect, use and disclose your personal information.
Please read our privacy
policy (“Privacy Policy”) before using the Website. Modifications
to the Terms of Use
We may make changes to the Terms of Use from time
to time in our sole discretion. We will post any such changes on the Website along
with a notice on the Website that such changes have been made. Your continued
use of the Web Site following the posting of such changes constitutes your acceptance
of any such changes. If you do not agree with this Terms of Use, or any revised
versions thereof, you may not use the Website. Age Requirement
In
order to use the Website you must be at least 18 years of age or the legal age
to form a binding contract in your jurisdiction if that age is greater than 18
years of age. Individuals who are under the age of 18 or the legal age to form
a binding contract in their jurisdiction (“Minors”) are prohibited from
using the Website. Accordingly, if you are a Minor, please do not attempt to register
for the Website or send any information about yourself to us, including your name,
address, telephone number, or email address. In the event that we learn that we
have collected personal information from a Minor, we will delete that information
as soon as reasonably practicable. If you believe that we might have any information
from or about a Minor, please contact us at info@shapefit.com. You represent that
the information that you provide about yourself (including your age) as requested
in any account registration form (the “Registration Data”) is accurate
and complete. Precautions
Information found on this website is
meant to support and not replace the relationship with your physician or other
medical provider. We are not a licensed medical care provider and have no expertise
in diagnosing, examining, or treating medical conditions of any kind, or in determining
the effect of any specific exercise on a medical condition. You should always
consult a physician before starting a fitness program, changing your diet or if
you have any questions regarding a medical condition, and ShapeFit requires that
you consult with your physician before following any training instructions you
receive through the Website or participating in any event announced on the Website.
Not all exercises or activities described on the Website are suitable for everyone.
You should understand that when participating in any exercise or exercise program,
there is the possibility of physical injury and or death. If you feel discomfort
or pain, immediately stop the activity causing such discomfort or pain. The Website
should not be used by people who have Type 1 diabetes or other adverse medical
or nutritional conditions. By using the Website, you represent that you have received
consent from your physician to participate in the programs, workouts, and exercises
described on the Website. We are not responsible for any health problems
that may result from training programs, products, or events you learn about through
the Website. If you engage in any exercise program you receive through the Website
you agree that you do so at your own risk and are voluntarily participating in
these activities. Information on the Website
We try to provide
helpful and accurate information on the Website, but we cannot verify, endorse
or vouch for the information, services or recommendations available through the
Website. We are not responsible for the accuracy, reliability, effectiveness,
or correct use of information you receive through the Website. User-Generated
Content
You hereby grant to ShapeFit a perpetual, irrevocable, non-exclusive,
worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute,
transmit, publicly perform, publicly display, digitally perform, modify and otherwise
use any text, photographs or other data you submit to the Website (collectively,
“User Generated Content”). “User Generated Content” includes
but is not limited to content posted on message board posts, FitTracker posts,
FitTracker user profile pages, Success Stories, recipe submissions and user comments.
You represent that your User Generated Content: (1) will not infringe any third
party's copyright, patent, trademark, trade secret or other proprietary rights;
(2) will not violate any law, statute, ordinance or regulation; (3) will not be
obscene or contain child pornography; and (4) will not contain any viruses, worms,
time bombs or other computer programming code that is intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or information.
Further, if you distribute or display User Generated Content from your posts on
message boards and FitTracker (“Community Pages”) to third parties,
you represent that such User Generated Content will not: (a) be intentionally
misleading or fraudulent; (b) violate any third party’s rights of publicity
or privacy; or (c) be defamatory, unlawfully threatening or harassing, harmful
to minors in any way, or otherwise offensive or inappropriate. You are responsible
for complying with all laws applicable to your User Generated Content. Registration
and Password
You are responsible for maintaining the confidentiality of
your login information and password. You shall be responsible for all uses of
your login information, whether or not authorized by you. You agree to immediately
notify us of any unauthorized use of your login information or password. Ownership
of the Website
The Website and all aspects thereof, including all User
Generated Content, copyrights, trademarks, and other intellectual property rights
therein, is owned by ShapeFit or its licensors. You acknowledge that the Website
and any underlying technology used in connection with the Website contain ShapeFit’s
intellectual property and proprietary information. You may not reproduce, distribute,
modify or create derivative works of, publicly display (including by framing any
content), or commercially exploit any part of the Website except as necessary
to view the content on the Website and create a reasonable number of copies of
portions of such content (without modification) for your personal, non-commercial
use. All rights in the Website not expressly granted by ShapeFit to you are retained
by ShapeFit. Email Rules
Some of our users will make their email
addresses available if they wish to converse with other users with similar interests
or goals. If you use this information, you agree not to transmit "spam"
or other unwanted solicitations, or any material that is harassing, threatening,
offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy,
infringing of another's intellectual property rights, or illegal. Users found
using email information in this manner may be stripped of their membership. We
are not responsible for the content of email messages sent to you by our users
or from a third party. Community Pages
There are several areas
on the Website on which users may post information, including Message Boards,
FitTracker forums, and FitTracker user profile pages (collectively, “Community
Pages”). Any information posted to the Community Pages can be viewed by anyone
who visits the Website (whether or not such visitors are registered users). ShapeFit
does not endorse any information posted on the Community Pages and posts made
by users do not necessarily reflect the views of ShapeFit. Information on the
Community Pages should not be taken as medical advice and we are not responsible
for such information or for editing any factual errors or making any type of corrections
to such information. Any action taken by you based on information presented on
the Community Pages is at your own risk. In using our Community Pages you
agree to follow our Community Guidelines which includes the following provisions:
Respect everyone’s opinions. Even though you might not agree with
someone, that doesn’t mean they are wrong or deserve to be belittled. Remember
that what works for you may not work for everyone else. Give everyone the same
courtesy you would expect in return. * Do not post profane or explicit
content.
* Do not post profile pictures that might be considered inappropriate.
* Do not post communications that could be interpreted as threatening or harassment.
* Do not post advertisements or promote products commercially. If you
have started a thread (such as a journal) that you want to close, please post
a message indicating "THREAD CLOSED." We may determine in our sole discretion
whether to close or delete threads. ShapeFit has the right to remove a
post on the Community Pages if it does not meet these standards or for any other
reason ShapeFit deems appropriate. Copyrighted Materials
When
referring to news reports or articles in your posts on the Website, including
references to reports and articles appearing on other sections of the Website,
please post only a few sentences for the reader’s information and reference
and include a link to the rest of the content on the original site. Do not post
articles, news reports, photographs, graphics, images, audio, or other copyrighted
material in their entirety (or substantial portions thereof) unless you have obtained
written permission from the relevant copyright owner(s). Any unauthorized posting
of any of the foregoing to the Website may violate copyright laws, trademark laws,
the laws of privacy and publicity, and/or civil and criminal statutes, and you
will be responsible for any liability arising from such violations. If you feel
that any content on the Website infringes your copyrights or other intellectual
property rights, please email us at info@shapefit.com for further details. User
Indemnification Of ShapeFit
You agree to indemnify and hold ShapeFit and
its partners, affiliates, service providers, licensors, officers, directors, employees
and agents harmless from any and all losses, liabilities, damages and costs arising
from any claims related to: (a) your use of the Website, including any User Generated
Content you post, store, reproduce, display, or distribute via the Website; (b)
your violation of the Terms of Use; and (c) your violation of any intellectual
property or other third party rights or any applicable law in connection with
your use of the Website. User Conduct
If we determine that any
user is not using the Website responsibly we have the right (but not the obligation)
to remove, edit, block, or delete such user’s transmissions, User Generated
Content, or use of the Website. We also have the right (but not the obligation)
to suspend or terminate your access to and use of Community Pages or other parts
of the Website, or delete information you have posted to the Website, without
prior notice if you engage in any conduct that we believe, in our sole discretion:
(a) violates any provision of the Terms of Use, (b) violates the Community Guidelines,
(c) is offensive to other users, (d) violates the rights of ShapeFit or third
parties, or (e) could cause ShapeFit liability. Without limiting the foregoing,
upon any termination of your account or access to the Website we may delete all
User Generated Content and other information related to your Community Pages.
If ShapeFit suspects that your Registration Data is inaccurate or incomplete,
we may suspend or terminate your account. Changes to Website
ShapeFit
may change or discontinue, temporarily or permanently, any feature or component
of the Website at any time without further notice. In addition, we may without
notice to the applicable user terminate individual Community Pages that have been
inactive for more than 30 days, but have no obligation to do so. You agree that
ShapeFit shall not be liable to you or to any third party for any modification,
suspension or discontinuance of any feature or component of the Website. Third
Party Websites
The Website may provide links or references to websites
operated by third parties. We do not monitor or investigate such websites and
we are not responsible for the content, functionality, or practices of such websites.
Inclusion of links to third party websites on our Website does not imply approval
or endorsement of the linked website by us. If you decide to leave our Website
and access these third party websites, you do so at your own risk. ShapeFit suggests
that you read the terms of use and privacy policies (if any) on those third party
websites. You agree that ShapeFit has no liability for any damage or loss of any
type that is a result of your use of a third party website. Content
And Warranty Disclaimer
THE WEBSITE IS PROVIDED BY ShapeFit AND ITS AFFILIATES
"AS IS." NEITHER ShapeFit NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES
MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE
BY OR THROUGH THE WEBSITE. IN ADDITION, ShapeFit AND ITS PARTNERS DISCLAIM ALL
WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, ShapeFit DOES NOT WARRANT THAT USE
OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR
LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE
IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. Limitation
of Liability
IN NO EVENT WILL ShapeFit BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF
THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH
DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ShapeFit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE
LIABILITY OF ShapeFit, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF
THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY,
NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. ShapeFit’S AFFILIATES,
PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE.
In some locations applicable law may not allow certain of the limitations described
above, in which case such limitations may not apply to you. General
The Terms of Use and the resolution of any dispute related to the Terms of
Use or the Website shall be governed by and construed in accordance with the laws
of the State of Florida . You shall bring any legal action or proceeding against
ShapeFit related to the Website exclusively in a federal or state court of competent
jurisdiction sitting in St. Petersburg, Florida , and you agree to submit to the
personal and exclusive jurisdiction of such courts. If any provision(s) of the
Terms of Use is found to be contrary to law, then such provision(s) will be construed,
as nearly as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect. ShapeFit's failure to exercise
or enforce any right or provision of the Terms of Use will not constitute a waiver
of such right or provision unless acknowledged and agreed to by ShapeFit in writing.
These terms and conditions constitute the entire agreement between you and ShapeFit
with respect to the subject matter herein and supersede any and all prior or contemporaneous
oral or written agreements. You may not assign this agreement to any other party
and any attempt to do so is void. If you would like to request additional
information regarding these Terms of Use, please contact us at info@shapefit.com.
|
|
