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Terms Of Use
 

TERMS AND CONDITIONS OF USE

Effective Date: December 15th, 2009

THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME ("Terms") ARE A BINDING CONTRACT BETWEEN FIT JUNCTION,INC AND YOU ("you" or "user"). BEFORE USING THE FITJUNCTION.COM WEBSITE OR ANY VIDEO, AUDIO, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE (collectively, the "Site"), PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY, AND YOU AGREE TO FOLLOW THE GUIDELINES AND POLICIES THAT FIT JUNCTION,INC MAY POST ON THE SITE OR PROVIDE TO YOU FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE SITE. FIT JUNCTION,INC MAKES THE SITE CONTENT AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS. THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS TO THE SITE, AND REGISTERED MEMBERS AUTHORIZED TO POST CONTENT TO THE SITE. IF YOU WISH TO BECOME A REGISTERED USER, COMMUNICATE WITH OTHER REGISTERED USERS AND MAKE USE OF FIT JUNCTION,INC'S SERVICES, YOU MUST READ THIS AGREEMENT AND ALSO INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.

1.    DESCRIPTION OF SITE; MINIMUM AGE REQUIREMENT

Our Site is a popular place to share wellness related information. You and other users of our Site will have access to thousands of articles, video files, audio files, and applications that are intended aiming at improving your health. Many of these articles, files, are posted by people from around the world, and represent a diversity of perspectives, experience and approaches to health and fitness that may be of interest to you.

In return for our display of your content for any period of time, you agree to grant the license to Fit Junction,Inc described in Section 5 hereof. We invite you to comment on Fit Junction,Inc articles, as well as submit your own articles, videos and audio files for posting.

We also give you the ability to create a unique personal profile to find others who share your interests.  

However, the Site is for general research and informational purposes only. We publish video, audio, articles, or other content from current and past contributors (collectively, "Contributors"). The information on the Site represents only the opinions and perspectives of the Contributors and not us. You should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Site. Our publication of the content is not our endorsement of any Contributor or the content submitted by any such Contributor. Furthermore, we have not verified the identity of each Contributor, and the extent of each Contributor's license (if licensed) or any other credential checks.

This Site is intended for use by persons who are at least 18 years old. By using the Site, you represent and warrant that you are at least 18 years old, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. If you choose to set up an Account, your Account may be used only by you.

2.    MODIFICATIONS TO TERMS

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes. To update the Terms, we will post both the changed version and its effective date on the Site. As such, we encourage you to check back regularly to review these Terms and any updates thereto.

3.    MODIFICATIONS TO SITE

You may use the Site only when and as available. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your Content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect Fit Junction,Inc's license to your Content as stated herein.

The Services that Fit Junction,Inc provides are always evolving and the form and nature of the Services that Fit Junction,Inc provides may change from time to time without prior notice to you. In addition, Fit Junction,Inc may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you

 

4.    POSTING CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES

By displaying or publishing ("posting") any content on the Site, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content"), you warrant and represent that:

a.     you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to Fit Junction,Inc; the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein;

b.    you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Content;

c.     you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to Fit Junction,Inc described herein;

d.    you will make such permissions available to Fit Junction,Inc upon request;

e.     your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.

f.     if you are a direct competitor of an author or another Posting user, or otherwise have an interest adverse to the author or another posting user, you will fully disclose the interest;

g.    you will not stalk, threaten or harass authors or other users or infringe upon, invade or attempt to infringe upon or invade their privacy; and

h.     you will not Post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law.

You agree to keep all records necessary to establish that your Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of Fit Junction,Inc all without the violation of any other person's intellectual property or other rights or of any laws or regulations. You acknowledge that the Site does not have any "digital rights management" or other security technology features to restrict someone who receives Content from copying and redistributing it.

To post Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the "Account"). You agree to provide accurate current and complete information during the registration process, when contributing Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any Content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable. You may not share your password with anyone.

When you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to us through our "Contact Us" web page located at http://www.fitjunction.com/ContactUs.aspx, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, we may use and disclose your Submissions in any way; and (iii) we have no obligation to pay or reimburse you for your Submissions or our use of your Submissions.

5.    OWNERSHIP OF RIGHTS; LICENSE RIGHTS

You retain ownership of your copyrights and other intellectual property and proprietary rights in any Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others.

You hereby grant Fit Junction,Inc a worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content.

You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to Fit Junction,Inc. 

You may choose from time to time to remove or modify Content that you previously posted on the Site. If, prior to such removal or modification, Fit Junction,Inc has created, or developed specific plans to create, any electronic or printed materials containing such Content (e.g., in advertising, promotion or otherwise), then you agree that Fit Junction,Inc may continue to exploit materials containing such Content after you have removed or modified that Content. However, six (6) months after you have removed or modified that Content, you may send us written notice to cease displaying such materials, in which event we will use commercially reasonable efforts to cease displaying such materials within thirty (30) days of our receipt of such notice. Your notice to us must be sent to copyright@fitjunction.com, and contain the following information:

a.     your name, address, telephone number, and email address;

b.    the user name for your Account;

c.     your electronic or physical signature;

d.    identification of the specific Content, such as by the title of the article that contained such Content;

e.     identification of the materials containing the Content in question, including the title and the URL where it may be viewed;

f.     identification of the approximate date on which you removed or modified the Content contained in such materials;

g.    a statement that you would like Fit Junction,Inc to cease using such materials containing such Content; and

h.     your certification that you own or have the exclusive rights to such Content.

 

6.    PROHIBITED CONTENT

You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be:

a.     untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;

b.    infringing or alleged to be infringing upon a third party's rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement;

c.     of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information;

d.    unsolicited, undisclosed or unauthorized advertising;

e.     software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

f.     data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or

g.    in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).

7.    PROHIBITED CONDUCT; LIQUIDATED DAMAGES

You agree not to do, or attempt to do, any of the following, subject to applicable law:

a.     access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;

b.    access, tamper with, or use services or areas of the Site that you are not authorized to access;

c.     alter information on or obtained from the Site;

d.    tamper with postings, registration information, profiles, submissions or Content of other users;

e.     use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";

f.     frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Fit Junction,Inc;

g.    impersonate or misrepresent your affiliation with any person or entity;

h.     reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);

i.      send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or

j.      take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

 

IF YOU SEND UNCOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.

8.    MONITORING OF SITE CONTENT

We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT FIT JUNCTION,INC DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Fit Junction,Inc. Fit Junction,Inc neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized Fit Junction,Inc employees acting in their official capacities.

9.    PROTECTION OF SITE CONTENT

Our Site is protected by intellectual property laws and you agree to respect them. Fit Junction,Inc grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Fit Junction,Inc has in the Content, to privately display the Content on your computer for your own personal, noncommercial purposes, and to print a reasonable number of copies of the Content as needed for that use. Fit Junction,Inc reserves all other rights in the Content, on its own behalf and the behalf of its licensors (including contributors), and Fit Junction,Inc does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from Fit Junction,Inc or the contributor of the Content or other third-party owner of the rights in that Content (if any). You agree not to reverse engineer any Content consisting of downloadable software, unless specifically authorized by Fit Junction,Inc or the third-party owner of the rights in that Content (if any) or otherwise permitted by law. No commercial use or redistribution of the Site is permitted. Any hyperlink or other re-display of the information on another web site must display the Site on a full-screen and not within a "frame" on the linked or other website.

 

10. Advertising

  1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
  2. You will pay for your Orders in accordance with our payment terms. The amount you owe will be calculated based on our tracking mechanisms.
  3. Your ads will comply with our Advertising Guidelines.
  4. We will determine the size, placement, and positioning of your ads.
  5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
  6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
  7. You can cancel your Order at any time by contacting advertising@fitjunction.com. There will be standard cancellation charges that will apply.
  8. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
  9. We can use your ads and related content and information for marketing or promotional purposes.
  10. You will not issue any press release or make public statements about your relationship with Fit Junction,Inc without written permission.
  11. We may reject or remove any ad for any reason. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
  12. You warrant that you have the legal authority to bind the advertiser to this Statement.
  13. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

 

 

11. PRIVACY POLICY

Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to the Site.

12. TERMINATION OR CANCELLATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site.

If your Account or access to the Site is terminated for any or no reason, you may no longer have access to the Content you posted on the Site. In such event, Fit Junction,Inc may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 5 with respect to removal and modification of Content previously posted on the Site.

The provisions entitled "Posting Content on the Site; Representations and Warranties," "Ownership of Rights; License Rights," "Prohibited Conduct; Liquidated Damages," "Termination or Cancellation," "Indemnification," "Disclaimer of Warranties," "Exclusion of Damages; Limitation of Liability," "Copyright Infringement," "Additional Terms," and the Privacy Policy will survive termination of these Terms.

13. DEALINGS WITH MERCHANTS; LINKS

The Site contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Fit Junction,Inc is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. Fit Junction,Inc's Privacy Policy is applicable only when you are on our Site. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Fit Junction,Inc and agree to hold Fit Junction,Inc harmless from any loss or damage of any kind, incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

14. INDEMNIFICATION

As a condition of your access to and use of the Site, you agree to hold Fit Junction,Inc its subsidiaries, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) Fit Junction,Inc's resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for Fit Junction,Inc to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Fit Junction,Inc disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Fit Junction,Inc will have the right but not the obligation to resolve disputes between users relating to the Site and Fit Junction,Inc's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Fit Junction,Inc's resolution of a dispute will be final with respect to the Site.

15. DISCLAIMER OF WARRANTIES

Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; Fit Junction,Inc does not warrant the successful operation of the Site on your computer, and we are not liable for any such problems that result from your use of the Site.

MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM FIT JUNCTION,INC, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY FIT JUNCTION,INC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIT JUNCTION,INC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. FIT JUNCTION,INC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIT JUNCTION,INC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.

Without limiting any of the foregoing, Fit Junction,Inc makes the following specific disclaimers for the following categories of information:

 

MEDICAL & HEALTH INFORMATION: The Content located on the Site should not be interpreted as medical or health advice. The Content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither Fit Junction,Inc, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the Content on the Site.

FITNESS AND EXERCISE INFORMATION: The Content located on the Site should not be interpreted as professional exercise advice. You should always speak with your personal physician before carrying out any of the exercises. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional advice, or choosing or not choosing to do specific exercises. Neither Fit Junction,Inc, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your Fitness and exercise decisions based upon, or the results obtained from, the Content on the Site

16. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER FIT JUNCTION,INC, NOR ITS SUBSIDIARIES, AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF FIT JUNCTION,INC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

17. COPYRIGHT INFRINGEMENT

Fit Junction,Inc respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

a.     the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

b.    identification of the copyrighted work that you claim has been infringed;

c.     identification of the material that is claimed to be infringing and information reasonably sufficient to permit Fit Junction,Inc to locate the material (for example, by providing a URL to the material);

d.    your name, address, telephone number, and email address;

e.     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.     a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement can be reached at copyright@fitjunction.com

It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance of infringement.

18. CUSTOMER SUPPORT

You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.

19. NOTICES AND CONTACT INFORMATION

Except as otherwise provided in these Terms, Fit Junction,Inc will give you any notices by posting them on the Site. You authorize Fit Junction,Inc to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Fit Junction,Inc decides, in its sole discretion, to do so. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. Fit Junction,Inc may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current, and that notice provided by Fit Junction,Inc to the address that you have most recently provided, will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the exception of notices related to copyright infringement and removal of licensed material described in Sections 17 and 5 above, respectively, you agree to send us any notice by email to legal@fitjunction.com

20. ADDITIONAL TERMS

a.     Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.

b.    Compliance with Laws. You are responsible for compliance with applicable local and international laws, keeping in mind that access to the Site Content by certain persons or in certain countries may not be legal.

c.     No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.

d.    Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

e.     No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Fit Junction,Inc. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Fit Junction,Inc will be null and void. Fit Junction,Inc shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.

f.     Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one month after the cause of the dispute arises, or the cause of action is barred.

g.    Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

h.     Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (the "Entire Agreement") between you and Fit Junction,Inc with respect to the use of the Site, and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

i.      No Waiver. The failure of Fit Junction,Inc to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Fit Junction,Inc's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

j.     The trademarks Fit Junction, and all other trademarks used in the Site are owned or used under license by Fit Junction,Inc and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on this Site or in any Site content. All rights are reserved.

 

 

 
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