PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE
OF OUR WEBSITE CAREFULLY. By using our Website, you agree to these
Terms and Conditions of Use ("Terms & Conditions"). We reserve the
right, in our sole discretion, to change, modify, add or remove
portions of these Terms & Conditions at any time. You should check
these Terms & Conditions periodically for changes. By using this
Website after we post any changes to these Terms & Conditions, you
agree to accept those changes, whether or not you have reviewed them.
If you do not agree to these Terms & Conditions, you should not use
our Website and, if applicable, you should arrange to cancel your
registered user account or subscription with us.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to
your use the websites which are owned or operated by
Fitness Health Incorporating Technology Systems, Inc.
("FIT-HITS") and our affiliates
(collectively, "we," "us," or "our"), including, without limitation,
this website and any other website that we may own or operate currently
or in the future (collectively, our "Website"). For purposes of these
Terms & Conditions, "affiliates" shall mean any entity or person,
directly or indirectly, owning a controlling interest in, owned by, or
under common ownership control with, SPORT-MANIAC.com, including,
without limitation, FIT-HITS and its subsidiaries.
2. Terms & Conditions - In General
By using this Website, you agree to be legally bound and to abide by
these Terms & Conditions, just as if you had signed this agreement.
If you do not comply with these Terms & Conditions at any time, we
reserve the right, if applicable, to terminate your password, user
account, and/or access to this Website (or any part thereof). In our
sole discretion and without prior notice or liability, we may
discontinue, modify or alter any aspect of the Website, including, but
not limited to, (i) restricting the time the Website is available, (ii)
restricting the amount of use permitted, and (iii) restricting or
terminating any user's right to use the Website. You agree that any
termination or cancellation of your access to, or use of, the Website
may be effected without prior notice. If you do not abide by the
provisions of these Terms & Conditions, except as we may otherwise
provide from time to time, you agree that we may immediately deactivate
or delete your user account and all related information and files in
your user account and/or bar any further access to such information
and/or files, or our Website. Further, you agree that we shall not be
liable to you or any third-party for any termination or cancellation of
your access to, or use of, our Websites.
From time to time, we may supplement these Terms & Conditions
with additional terms and conditions pertaining to specific content,
activities or events ("Additional Terms"). Such Additional Terms may be
placed on the Website to be viewed in connection with the specific
content, activities, features or events and shall be identified as
such. You understand and agree that such Additional Terms are hereby
incorporated by reference into these Terms & Conditions.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access, use and display this Website
and the material provided hereon for your personal, noncommercial use,
provided that you comply fully with the provisions of these Terms &
Conditions. You acknowledge that this Website contains information,
software, photos, video, text, graphics, music, sounds, questions,
creative suggestions, messages, comments, feedback, ideas, recipes,
notes, drawings, articles and other materials (collectively, "Content")
that are protected by copyrights, patents, trademarks, trade secrets
and/or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or
hereafter developed. All Content is copyrighted under the United States
copyright laws (and, if applicable, similar foreign laws), and we own a
copyright in the selection, coordination, arrangement and enhancement
of such Content. All trademarks appearing on this Website are
trademarks of their respective owners. FIT-HITS is the trade
name and the registered trademark and servicemark of FIT-HITS.
Our commercial partners, suppliers, advertisers,
sponsors, licensors, contractors and other third parties may also have
additional proprietary rights in the Content which they make available
on this Website. You may not modify, publish, transmit, distribute,
perform, participate in the transfer or sale, create derivative works
of, or in any way exploit, any of the Content, in whole or in part.
When Content is downloaded to your computer, you do not obtain any
ownership interest in such Content. Modification of the Content or use
of the Content for any other purpose, including, but not limited to,
use of any Content in printed form or on any other website or networked
computer environment is strictly prohibited unless you receive our
prior written consent.
4. Becoming a Registered User
There is no cost to become a registered user of our Website. You do
not have to become a registered user to use this Website. However, if
you do not register, you may be precluded from using certain products,
offerings, features, or resources of our Website. You must register in
accordance with instructions that you will find on this Website to
participate in, and to contribute to, any Forum or use of the "Public
Profile" feature of our Website. A " Forum" means any chat room,
message board, bulletin board, recipe swap, or similar activity where
you and other users of our Website can communicate.
If you elect to become a registered user of our Website, you agree
to provide us with true, accurate and complete information about
yourself ("Registered User Data"), and to maintain and promptly update
the Registered User Data to keep it accurate. Without limiting any
other provision of these Terms & Conditions, if you provide any
information that is untrue, inaccurate, or incomplete, or we have
reasonable grounds to suspect that such is the case, we reserve the
right to suspend or terminate your user account and refuse any and all
current or future use of our Website (or any portion thereof). You
agree not to assign, transfer or sublicense your rights as a registered
user of this Website.
5. Privacy and Security
We are committed to protecting your privacy and security. For more
information, you should review our Privacy Policy, which is
incorporated into these Terms & Conditions by this reference.
6. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software,
photos, video, text, graphics, music, sounds, questions, creative
suggestions, messages, comments, feedback, ideas, recipes, notes,
drawings, articles and other materials posted, emailed, or otherwise
transmitted to or on this Website, whether posted at our request or
voluntarily, and whether publicly posted or privately transmitted
(collectively, the "Postings"), are the sole responsibility of the
person who made such Postings. This means that you are entirely
responsible for all Postings that you post, email or otherwise transmit
to this Website. We do not control the Postings posted, emailed or
otherwise transmitted on our Website by others and, as such, we do not
guarantee the accuracy, integrity or quality of such Postings. Although
we have adopted community standards and conduct guidelines for the
users of our Website (as described below), you understand that by using
this Website, you may be exposed to Postings that are offensive or
objectionable. Under no circumstances will we be liable in any way for
any Postings (other than for Content developed by us), including, but
not limited to, for any errors or omissions in any Postings, or for any
loss or damage of any kind incurred as a result of the use of any
Postings posted, emailed or otherwise transmitted to or through this
Website.
You agree not to use this Website (including any Forums) to: a.
Upload, post, email or otherwise transmit any Postings or other
materials that are unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable
(in our sole discretion);
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a
director, officer, employee, shareholder, agent or representative of
SPORT-MANIAC.com, our affiliates or any other person or entity, or
falsely state or otherwise misrepresent your affiliation with
SPORT-MANIAC.com, our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Postings or other materials transmitted to
or through this Website;
e. Upload, post, email or otherwise transmit any Postings or other
materials that you do not have a right to upload, post, email or
otherwise transmit under any law or under contractual or fiduciary
relationships (such as insider information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other
materials that infringe upon any patent, trademark, trade secret,
copyright, right of privacy or publicity or other proprietary rights of
any party;
g. Upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of commercial
solicitation, except in those areas, if any, that are specifically
designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other
materials that contain 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;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of a Forum (or other portion of this Website)
are able to type, or otherwise act in a manner that negatively affects
other users' ability to use any Forum;
j. Interfere with or disrupt this Website or servers or networks
connected to this Website, or disobey any requirements, procedures,
policies or regulations of networks connected to the Website;
k. Intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
any regulations having the force of law;
l. "Stalk" or otherwise harass another user or employee of this
Website; or
m. Collect or store personal data or attempt to collect or store
personal data about other users of the Website.
Your privilege to use this Website (including the Forums) and
contribute to discussions on the Forums depends on your compliance with
the community standards and conduct guidelines set forth above. We may
revoke your privileges to use all or a portion of this Website and/or
take any other appropriate measures to enforce these community
standards and conduct guidelines if violations are brought to our
attention. Further, if you fail to adhere to our community standards
and conduct guidelines, we may terminate, in our sole discretion, your
use of, or participation in, any Forum.
All Forum communications, including, but not limited to, chat and
message board communications, are public and not private
communications. We reserve the right to monitor some, all, or no areas
of this Website (including any Forum) for adherence to the community
standards and conduct guidelines set forth above or for any other
purpose. You acknowledge that by providing you with the ability to
distribute Postings in the Forums, we are acting as a passive conduit
for such distribution and we are not undertaking any obligation or
liability relating to any Postings or activities in any Forum. Although
we reserve the right to remove, without notice, any Forum posting for
any reason, we have no obligation to delete Postings that you may find
objectionable or offensive.
7. Submissions
If, at our request or on your own, you send, email, post or
otherwise transmit to us or this Website information, software, photos,
video, text, graphics, music, sounds, questions, creative suggestions,
messages, comments, feedback, ideas, recipes, notes, drawings,
articles, stories about yourself or your weight loss, or other
materials (including, but not limited to, posting, emailing, or
otherwise transmitting Postings on any Forum) (collectively, the
"Submissions"), the Submissions shall be deemed, and shall remain, our
property. Except as provided in our Privacy Policy, none of the
Submissions shall be subject to any obligation of confidence on our
part, and we shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, you grant us and our
successors and assigns a royalty-free, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license (as well
as consent) to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, communicate to the public,
perform and display any Submissions (in whole or in part and with or
without the use of your name) worldwide and/or to incorporate the
Submissions in other works in any form, media, or technology now known
or later developed, for the full term of any copyrights, trademarks and
other intellectual and proprietary rights (collectively, the "Rights")
that may exist in such Submissions. You also warrant that any third
party holder of any Rights, including moral rights in such Submissions,
has validly and irrevocably granted to you the right to grant the
license stated above. You further acknowledge that we and our
successors and assigns shall be entitled to unrestricted use of the
Submissions for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Submissions.
8. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for
children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS
WEBSITE. We strongly recommend that children between the ages of 13 and
18 ask for their parent's or guardian's permission before viewing our
Website.
9. Links
These Terms & Conditions apply only to this Website, and not to
the websites of any other person or entity. We may provide, or third
parties may provide, links to other worldwide websites or resources.
You acknowledge and agree that we are not responsible for the
availability of such external sites or resources, and do not endorse
(and are not responsible or liable for) any content, advertising,
products, or other materials on or available from such websites or
resources. You further acknowledge and agree that, under no
circumstances, will we be held responsible or liable, directly or
indirectly, for any loss or damage that is caused or alleged to have
been caused to you in connection with your use of, or reliance on, any
content, advertisements, products or other resources available on any
other website (regardless of whether we directly or indirectly link to
such content, advertisements, products or other resources). You should
direct any concerns with respect to any other website to that website's
administrator or webmaster.
10. Third Party Products and Services
You may order services, merchandise or other products through our
Website from other parties (collectively, the "Third Party Sellers").
All matters concerning the services, merchandise and other products
desired from the Third Party Sellers, including, but not limited to,
purchase terms, payment terms, warranties, guarantees, maintenance and
delivery, are solely between you and the Third Party Sellers. We make
no warranties or representations whatsoever with regard to any
services, merchandise and other products provided by the Third Party
Sellers. You will not consider us (and we will not be construed as) a
party to such transactions, whether or not we may have received some
form of revenue or other remuneration in connection with such
transactions, and we will not be liable for any costs or damages
arising out of, either directly or indirectly, you or any other person
involved or related to the transactions.
11. Copyright Complaints
We respect the intellectual property of others, and we ask our users
to do the same. We may, in appropriate circumstances and in our
discretion, terminate the rights of any user to use our Website (or any
part thereof) who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement or are aware of someone doing so, please contact
our designated agent for notice of claims of copyright infringement:
Marilyn Pink, FIT-HITS, Inc., 890 Ravensbury Street, Westlake Village,
CA 91361
12. Your Password and User Account.
If you are a registered user or subscriber of this Website, you are
entirely responsible for maintaining the confidentiality of your
password and user account information. You must notify us immediately
in the event of any known or suspected unauthorized use of your user
account, or any known or suspected breach of security, including loss,
theft, or unauthorized disclosure of your or anyone else's password.
You are entirely responsible for any and all activities which occur
under your user account. You agree to immediately notify us of any
unauthorized use of your user account or any other breach of security
known to you.
13. Relationship with FIT-HITS
SPORT-MANIAC.com is an affiliate of FIT-HITS,
and is authorized to use under license the FIT-HITS brand and
intellectual property on the Internet. FIT-HITS is the trade
name and the registered trademark and servicemark of FIT-HITS
as are certain other trademarks and servicemarks used by
SPORT-MANIAC.com on this Website under FIT-HITS's control.
14. Health Disclaimer
This Website provides weight loss management and information
applications and content published over the Internet and is intended
only to assist users in their personal weight loss efforts.
SPORT-MANIAC.com is not a medical organization and our staff cannot
give you medical advice or diagnosis. Nothing contained in this Website
should be construed as such advice or diagnosis. The information and
reports generated by us should not be interpreted as a substitute for
physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before
beginning any weight loss effort or regimen. This Website is intended
for use only by healthy adult individuals. The Website is not intended
for use by minors, pregnant women, or individuals with any type of
health condition. Such individuals are specifically warned to seek
professional medical advice prior to initiating any form of weight loss
effort or regimen.
For more information, you should review our Health Notice and
Consumer Bill of Rights, which are incorporated into these Terms &
Conditions by this reference.
15. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR
NON-INFRINGEMENT.
NEITHER SPORT-MANIAC.com, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR
THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS
WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT,
OFFERING, CONTENT OR MATERIAL.
NEITHER SPORT-MANIAC.com, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR
THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS
WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU
FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR
RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE FIT-HITS
SITES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE
SPORT-MANIAC.com SITES OR ANY WEBSITE OR WEBSITES LINKED TO THE
SPORT-MANIAC.com SITES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO
OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE
TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE
DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
17. Indemnification
You agree to indemnify, hold harmless and, at our option, defend
SPORT-MANIAC.com and our affiliates, and our and their officers,
directors, employees, stockholders, agents and representatives from any
and all third party claims, liability, damages and/or costs (including,
but not limited to, reasonable attorneys fees and expenses) arising
from your improper use of this Website or our products or offerings,
your violation of these Terms & Conditions, or your infringement,
or the infringement or use by any other user of your account, of any
intellectual property or other right of any person or entity.
18. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in
accordance with the laws of the State of New York, without giving
effect to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to your use of this
Website or these Terms & Conditions shall be filed only in the
state or federal courts located in New York County in the State of New
York and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action.
19. Miscellaneous Terms
In any action against us arising from the use of this Website, the
prevailing party shall be entitled to recover all legal expenses
incurred in connection with the action, including but not limited to
its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability
of any remaining provisions. These Terms & Conditions, together
with the Subscription Agreement (if applicable), are the entire
agreement between you and us relating to the subject matter herein. If
you are a subscriber to one of our online subscription offerings or
products, in the event of any conflict between these Terms &
Conditions and the Subscription Agreement, the Subscription Agreement
shall control. These Terms & Conditions may be modified only by our
posting of changes to these Terms & Conditions on this Website, or
by written agreement of both parties. Each time you access this
Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms &
Conditions. These Terms & Conditions will inure to the benefit of
our successors, assigns and licensees. The failure of either party to
insist upon or enforce the strict performance of the other party with
respect to any provision of these Terms & Conditions, or to
exercise any right under the Terms & Conditions, will not be
construed as a waiver or relinquishment to any extent of such party's
right to assert or rely upon any such provision or right in that or any
other instance; rather, the same will be and remain in full force and
effect.