1. USING THE SERVICE
- 1.2 Accuracy of Information. You may only submit information that you own or have the right to submit. You agree that it is your sole responsibility to ensure that the information you submit through the Service (including information to set up or update your FITrax account) is accurate, complete and current to the best of your knowledge and recollection. We are not responsible for any consequences arising from your or other persons’ reliance on the accuracy of any content contained within your FITrax account.
- 1.4 Prohibited Behavior. You must not use the Service to interfere with or disrupt the proper operation of the Service or in any manner that may adversely affect FITrax or any third parties, to do any of the following prohibited actions:
- Harm anyone
- Engage in excessive use of the Services which impair the fair use of others
- Upload or otherwise transmit any information or material that infringes or violates any patent, trademark, copyright or other intellectual property right, privacy right or publicity right of any person or entity
- Post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or a confidentiality agreement that you have with a third party
- Upload or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facility.
- 1.5 Third Party Links. You may be able to access third-party websites or services via the Service. You acknowledge that FITrax does not endorse and is not responsible for such websites or services or any content that may be available there.
- 1.7 Contacting FITrax. Help us maintain a healthy and vibrant environment by reporting any illegal or inappropriate behavior tosupport@FITrax.com. We always appreciate your feedback or other suggestions about FITrax, but you acknowledge and agree that we may use them without any obligation to compensate you or otherwise give you any credit or acknowledgement for them (just as you have no obligation to offer them).
2. YOUR ACCOUNT INFORMATION
Only you (and your parents or guardians, if you are under 18 years of age) may use your account credentials (user name and password). You must keep your account credentials confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for such authorization. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activity that takes place in and with your FITrax account.
You may not share your user name or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You may not transfer your account (including any account that you administer) to anyone without first obtaining our express written permission.
3. INFORMATION YOU PROVIDE
For content that is covered by intellectual property rights, like photos (collectively, “IP Content“), you specifically give us the following permission, subject to your privacy and application settings: You grant us a non-revocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the Service (the “IP License“).
When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
If your FITrax account is canceled, we may permanently delete your data from our servers without any notice. We have no obligation to return data to you after your FITrax account is canceled. Data that is deleted may be irretrievable.
4. OUR OPERATION OF THE SERVICE
5. HOW WE MAY CHANGE THIS CONTRACT
6. NO WARRANTY
Social networks, programs, Apps and devices that connect or interact with FITrax, such as Facebook and Google, are not endorsed, sponsored, or warranted by FITrax, and you agree that FITrax is not responsible or liable for any harm or damage that you or others may suffer as a result of such connections or interactions. Product descriptions are by their manufacturers and provided for informational purposes only. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by FITrax. This site and the Service do not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program or any health information or other content that you encounter on the site, kiosks, or through the Service. Never disregard professional medical advice or delay in seeking it because of information or content you accessed on or through the Service.
7. LIABILITY LIMITATION
YOU CANNOT RECOVER ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SITE OR THE SERVICE. IN ANY EVENT, YOU AGREE THAT ANY RECOVERY FROM FITRAX, OUR AFFILIATES OR VENDORS, WILL BE LIMITED TO DIRECT DAMAGES UP TO AN AGGREGATE AMOUNT THAT IS EQUAL TO THE AMOUNT THAT YOU PAY FITRAX FOR THE SERVICE.
- Loss of data
- Content (including code) on third party Internet sites, social networks, third party programs, Apps, devices, products, or third party conduct
- Viruses or other disabling features that affect your access to or use of the site or Service
- Incompatibility between the Service and other services, software and hardware.
- Delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the site or Service in an accurate or timely manner, and
- Claims for breach of contract, breach of warranty, guarantee or condition, personal injury, strict liability, tort (including negligence or breach of statutory duty); or misrepresentation
THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
8. CHANGES TO THE SERVICE AND CANCELLATION
9. GENERAL LEGAL TERMS
- 9.4 Claims. You must bring any claim related to this contract or the service within one year of the date you could first bring the claim. If it isn’t filed on time, the claim is permanently barred.
10. APPLICABLE LAW; DISPUTE RESOLUTION
Unless you and FITrax agree otherwise, any arbitration hearings will take place in Boston, Massachusetts. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.
11. COPYRIGHT AND TRADEMARK NOTICES
We or our suppliers own all rights, title and interest in certain copyrights, trademarks and other intellectual property rights in connection with the Service and content. All rights are reserved. The names of actual companies and products may be the trademarks of their respective owners. From time to time, we may use fictitious names, companies, organizations, products, domain names, e-mail addresses, logos, people, places and events for illustrative purposes only. In such cases, no association with any real FITrax account holder, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted in this contract are reserved.