Terms of Service (“Terms”)
Last updated: November 08, 2016
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.FITREC.com website and the FITREC APP mobile application (together, or individually, the “Service”) operated by FITREC APP LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
The minimum age requirement for members is set at 16 years of age. It is imperative that the member provide complete and accurate information, including any updates to the information the user provides. It is your responsibility to always keep all information on your account, current.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We respect your privacy and have rules in place in handling your data.
The privacy of your username or screen name is your personal duty. Any actions by any party using your screen name will be your responsibility.
You agree to abide by all applicable laws and regulations in using the Service; including but not limited to the Data Protection Act of 1998.
You agree not to pose as someone else, misrepresent, state falsely, impersonate or otherwise fake your affiliation with any person or entity.
Any and all illegal, immoral or unlawful activity is prohibited. You agree not to post, promote, publish via the Service, any form of harassment, defamation, abuse, threat, obscenity, racism, ethically questionable or objectionable material of any nature. This covers any and all forms directly or indirectly related to libel, slander, criminal activity or the encouragement therein and of any other activity that violates any applicable laws or regulations.
All activities mentioned above plus all related actions deemed unethical or unlawful is NOT ENDORSED NOR SUPPORTED by FITREC.
Under these Terms & Conditions, you agree not to use, upload or provide links that contain viruses, corrupted files, malware, and other similar software or programs aimed to damage the operation of anyone’s computer.
You agree not to start nor participate in any activities aimed to disrupt the service. All devices, software or routines that will result in Website and Service interruptions is strictly prohibited and will result in appropriate legal action.
FITREC has no control over the safety of its Members or the accuracy of the content contained therein. Exercise caution in interacting and dealing with other members.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
FITREC APP LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of FITREC APP LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
The user agrees to not post any content on or transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the services that:
- Impersonates or otherwise misrepresents affiliation, connection or association with any person or entity.
- Discloses any personal or confidential information of any person or organization without consent or the solicitation any person’s information for commercial purposes.
- Solicits or request personal information from anyone under 16 years old and store personal data about users and members consent
- Promote unsolicited messages, such as promos, mobile numbers and email addresses.
- Defamatory, inaccurate, obscene, indecent seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
- Promotes racism, bigotry, hatred or physical harm to any group or individual.
When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of FITREC APP LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FITREC APP LLC .
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by FITREC APP LLC .
FITREC APP LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that FITREC APP LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination and Cancellation
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may use the delete option.
Upon termination of the services, you acknowledge and agree that FITREC may immediately delete the files in your account and no further access too such files or the services
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless FITREC APP LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall FITREC APP LLC , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
FITREC APP LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
FITREC has no control over the safety of its Members or the accuracy of the content contained therein. Exercise caution in interacting and dealing with other members
As with all forms of Service, FITREC does not guarantee 100% uninterrupted service, nor does it guarantee that the Service will be timely, secure or free from errors.
The Service may contain material for Entertainment purposes only or may have accounts that facilitate in interactions to ensure that the site and the Service flow stays true to the goal of fitness, and health
You agree to release, indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Website, Service, Submissions or Content; (ii) your breach of the Member Terms; (iii) your violation of any rights including, but not limited to, intellectual property rights, of another Member, individual and/or entity; (iv) your violation of the CAN-SPAM Act of 2003, as well as any state and/or federal laws, rules or regulations prohibiting transmission of unsolicited email; and/or (v) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other Submissions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Maryland, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes to the Service
FITREC reserves the right to alter the service, without any liability, to change site look and feel, discontinue specific features, content or campaigns and/or modify the service either temporarily or permanently. Any and all changes or updates will be done with prior notice and may be found within the website itself.
Changes, Amendments or Modifications to the Terms & Conditions
FITREC, may at any time, change the Terms & Conditions in order to reflect current trends, circumvent any potentially new threats based on online activity as well as any other reasons deemed fit and lawful.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. What constitutes a material change will be determined at our sole discretion.
Majority of changes will be done with prior notice and will be posted on the website; These changes will be effective immediately upon posting and will be in-effect henceforth. Some changes may not be immediately announced but will be applied as soon as possible. These are for urgent and/or required changes deemed necessary to protect the site/service. A notice of these changes will follow soon after.
Your continued use of the service after the date of posting constitutes your agreement and acknowledgement of the new Terms & Conditions. This also signifies that you will abide by the rules and guidelines set by FITREC.
If you have any questions about these Terms, please contact us: firstname.lastname@example.org