1. Agreement Between 2FITBODY and User
This is a binding agreement ("Agreement") between 2FITBODY and you, the user ("you" or "your"). 2FITBODY's Web Site, www.2FITBODY.com, is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. By using 2FITBODY Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
3. No Professional Advice
The information and materials available through 2FITBODY Web Site, including without limitation the 2FITBODY Web Services, is for informational and educational purposes only and is not a substitute for the professional judgment of health care professionals. The medical, scientific and general information included on 2FITBODY Web Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of 2FITBODY.
2FITBODY AND 2FITBODY WEB SITE, INCLUDING WITHOUT LIMITATION 2FITBODY'S WEB SERVICES, DO NOT GIVE MEDICAL ADVICE, OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH 2FITBODY'S WEB SITE, INCLUDING WITHOUT LIMITATION ON 2FITBODY'S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
5. Usage of 2FITBODY Web site
As a condition of Your use of 2FITBODY's Web Site, You represent and warrant to 2FITBODY that You will not use 2FITBODY Web Site for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions or notices.
You represent and warrant that You will not use 2FITBODY's Web Site in any manner which could damage, disable, overburden or impair 2FITBODY Web Site or interfere with any other party's use and enjoyment of 2FITBODY Web Site.
All Member information provided to 2FITBODY and posted on 2FITBODY Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If 2FITBODY at any time discovers any error or omission in the information You provide, 2FITBODY may in its sole discretion terminate Your right to access and use of the members only area of the web site by any member. You may not permit anyone other than yourself to use your 2FITBODY member information to access any portions of 2FITBODY's Web Services which are restricted to members only, and you are responsible for the acts or omissions by third parties who are under Your control for their use of the members only area of the web site, and for any damages incurred by you as a result thereof.
2FITBODY Web Site may contain chat areas, forums, news groups, bulletin board services and other facilities ("2FITBODY Web Services") that permit You to communicate with other 2FITBODY ?embers. You agree to use these 2FITBODY Web Site only to post, send and receive messages and materials that are appropriate and related to the facility or service. By way of example, and not as a limitation, ?ou agree that when using 2FITBODY Web Site, You will not:
Violate any applicable laws or regulations;
Send, publish, post, upload, distribute or disseminate any information that may violate antitrust law, including without limitation past, current, or future fees; fee discounts provided; terms of credit; price and pricing information; inventories; commission information; profit information, including what is a reasonable or fair profit margin;
Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as 2FITBODY's logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from 2FITBODY's Web Site;
Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
Harass, abuse, threaten or otherwise violate any legal rights of others;
Attack, ridicule, denounce, impugn an person's character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;
Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;
Use 2FITBODY Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
Use 2FITBODY Web Site to forward chain letters;
Permit anyone other than Yourself to use Your 2FITBODY Member information to access any portions of 2FITBODY's Web Site which are restricted to Members only;
Forward any portions of 2FITBODY's Web Site which are restricted to Members to anyone who is not a Member of 2FITBODY; or
Violate any of 2FITBODY's policies, guidelines or other codes of conduct which are applicable to 2FITBODY's Web Site or in particular to one of 2FITBODY's Web Services.
Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of 2FITBODY;
Frame, squeeze back, overlay or employ other techniques to enclose or display the 2FITBODY Web Site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the 2FITBODY Web Site, with any other software or content of a third party;
Use any meta tags or any other "hidden text" utilizing the names or trademarks of 2FITBODY without its prior written consent;
Without limiting the generality of the other restrictions set forth herein, access, monitor or copy any content or information of this Web Site using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose; or
Violate any of 2FITBODY policies, guidelines or other codes of conduct.
2FITBODY has no obligation to screen or monitor 2FITBODY Web Site; however, 2FITBODY reserves the right to review information or materials posted to 2FITBODY Web Site, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of 2FITBODY Web Site. 2FITBODY reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from 2FITBODY Web Site, including without limitation any information or materials posted through use of 2FITBODY's Web Services, regardless of whether such material does or does not violate this Agreement or any of 2FITBODY's policies, guidelines, or other codes of conduct which are applicable to 2FITBODY Web Site or in particular to one of 2FITBODY's Web Services.
2FITBODY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY OF 2FITBODY'S WEB SERVICES, AND 2FITBODY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO 2FITBODY'S WEB SERVICES. 2FITBODY DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON 2FITBODY'S WEB SERVICES UNLESS IT IS PROVIDED BY AN AUTHORIZED 2FITBODY SPOKESPERSON. ANY STATEMENTS MADE ON 2FITBODY'S WEB SERVICES REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. 2FITBODY'S WEB SERVICES WILL BE MANAGED OR HOSTED BY EITHER EMPLOYEES OR MEMBERS OF 2FITBODY, WHO ARE NOT AUTHORIZED 2FITBODY SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING 2FITBODY'S WEB SERVICES DO NOT NECESSARILY REFLECT THOSE OF 2FITBODY.
The members only area of the web site is intended by 2FITBODY to require a user identification and password to access and use. Certain 2FITBODY Web Services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of your or your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing 2FITBODY in writing of any need to deactivate or replace any Member Information due to security concerns. 2FITBODY is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify 2FITBODY immediately as soon as You become aware of any unauthorized use of Your Member
Information. Notice to 2FITBODY under this section of the Agreement may be accomplished by sending e-mail to webmaster@2FITBODY.com.
7. Copyright and Trademark Ownership, Notices and Infringement
All contents of 2FITBODY's Web Site are: Copyright �2013-2014 2FITBODY. All rights reserved.
Content displayed on 2FITBODY Web Site and all software, data and information used to provide 2FITBODY's Web Site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents, and other intellectual property rights therein or thereto, are owned and are proprietary to 2FITBODY, its affiliate and licensees and are protected by the copyright laws of Canada and other countries. The compilation of the content on 2FITBODY Web Site is the exclusive property of 2FITBODY and is protected by the copyright laws of Canada and other countries.
2FITBODY does not claim ownership of the individual materials or information You may provide to 2FITBODY, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to 2FITBODY Web Site including without limitation any of 2FITBODY's Web Services. However, if You provide such materials or information to 2FITBODY:
You are warranting and representing that You own or otherwise control all of the rights to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information; and
You are granting 2FITBODY, its affiliated entities and necessary sublicensees permission to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with your materials or information. 2FITBODY will not pay You compensation with respect to the use of your materials or information.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from 2FITBODY's Web Site, without the prior written permission of 2FITBODY. Please refer to the copyright statement for further information and for details on requesting permission to reuse our content.
2FITBODY grants You the limited and nonexclusive right and license to access or download content from 2FITBODY Web Site solely for your personal and non-commercial use and as necessary in connection with the use of any services available through 2FITBODY Web Site. Except as expressly authorized in this Agreement, you may not modify, distribute, reproduce, display, or use 2FITBODY Web Site or any elements thereof. All rights not expressly granted to you by us in this Agreement are reserved to 2FITBODY and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from 2FITBODY Web Site as authorized hereunder.
Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant you any right, title, interest, or license in or to 2FITBODY's names, logos, logotypes, trade dress, designs, or other trademarks.
Any rights not expressly granted herein are reserved.
Repeat Infringer Policy and Copyright Complaints:
2FITBODY has adopted a policy of terminating, in appropriate circumstances and in 2FITBODY�s sole discretion, accounts deemed to be repeat infringers. 2FITBODY may also, in its sole discretion, limit access to the Web Site and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of the Web Site or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with the Web Site, you may provide us with information about your allegations of repeat infringement.
If you believe in good-faith that anything on the Web Site infringes any copyright that you own or control, you may contact us by e-mail for further investigation at firstname.lastname@example.org.
8. Links to Third Party Web Sites
2FITBODY Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of 2FITBODY, and 2FITBODY is not responsible for the contents of any third party Web Sites, and the inclusion of any link is as a convenience and does not imply endorsement by 2FITBODY of the sites or any or relationship with its operators.
2FITBODY reserves the right in its sole discretion to terminate your access to 2FITBODY Web Site, including without limitation 2FITBODY's Web Services, at any time without notice for any reason whatsoever.
Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.
10. Compliance With Applicable Laws
2FITBODY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
11. General Disclaimers, Exclusion of Damages, and Limitation of Liability
THE INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH 2FITBODY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. 2FITBODY MAY MAKE IMPROVEMENTS OR CHANGES TO 2FITBODY WEB SITE AT ANY TIME. ADVICE RECEIVED VIA 2FITBODY WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
2FITBODY MAKES NO REPRESENTATIONS ABOUT 2FITBODY WEB SITE, INCLUDING, WITHOUT LIMITATION, 2FITBODY WEB SITE'S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, SERVICES AND GRAPHICS FOUND ON OR THROUGH 2FITBODY WEB SITE. 2FITBODY PROVIDES ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 2FITBODY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO 2FITBODY WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, SOFTWARE, SERVICES AND GRAPHICS FOUND ON OR THROUGH 2FITBODY WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF 2FITBODY WEB SITE IS TO DISCONTINUE USING 2FITBODY WEB SITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL 2FITBODY BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF 2FITBODY WEB SITE, WITH THE DELAY OR INABILITY TO USE 2FITBODY WEB SITE OR 2FITBODY'S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH 2FITBODY WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF 2FITBODY WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 2FITBODY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL 2FITBODY BE H
ELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH 2FITBODY WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH 2FITBODY WEB SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to you.
YOU AGREE TO INDEMNIFY 2FITBODY FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF 2FITBODY WEB SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS, AND THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS. 2FITBODY WILL NOTIFY YOU OF ANY CLAIM FOR WHICH 2FITBODY SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO 2FITBODY'S INTERESTS, AS REASONABLY DETERMINED BY 2FITBODY AT ITS SOLE DISCRETION.
13. Governing Law
This Agreement is governed by the laws of Ontario province of Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Ontario in all disputes arising out of or relating to the use of 2FITBODY Web Site. Use of 2FITBODY Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
14. No Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between You and 2FITBODY as a result of this Agreement or use of 2FITBODY Web Site, including, without limitation, 2FITBODY's Web Services.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
16. Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and 2FITBODY Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and 2FITBODY Web Site, including without limitation to 2FITBODY's Web Services.
Notices given by 2FITBODY to You will be given by a general posting on 2FITBODY Web Site or by an e-mail, if an e-mail address is available. Notices to 2FITBODY must be sent by e-mail at email@example.com.
2FITBODY may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense your rights as a member without the prior written consent of 2FITBODY.
19. Captions and Headings
Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.