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TERMS OF USE

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Last Updated: April 19, 2019

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Fitward, LLC (“We” or “Us” or “Our”) offers the use of its web site (along with the content posted thereon, the “Services”) subject to the terms and conditions of use (the “Terms”) contained herein. By accessing, creating or contributing to any blogs hosted at www.getfitward.com (the “Site”), and in consideration for the Services we provide to you, you agree to abide by these Terms.  Please read them carefully before posting to or creating any content on the Site.  We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered.  You are responsible for regularly reviewing these Terms for changes. 

 

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.  YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

 

1.         Disclaimer of Company Responsibility for Site Content

 

You understand that all content posted to the Site (the “Content”) is the sole responsibility of the individual who originally posted the Content.  You understand, also, that all opinions expressed by users of this Site are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners.  The opinions that you or others post in the Site do not necessarily reflect Our opinions.

 

2.         Medical Content       

 

The information contained on this Site is presented in summary form only and intended to provide broad consumer understanding and knowledge of health-care, dietary, nutrition, and physical fitness topics.  The information should not be considered complete and should not be used in place of a visit, call, consultation, or advice of your physician or other health-care provider.  The Company and the Site does not recommend the self-management of health problems or medical matters.  Information obtained from this Site is not exhaustive.  Should you have any health-care or medical-related questions, please call or see your physician or other health-care provider promptly.  You should never disregard medicaladvice or delay in seeking it because of something you have read or learned from this Site.

 

3.         Posting

 

By submitting any Content or participating in a portion of the Services within or in connection with the Site, you agree to abide by the following rules of conduct:

 

  • You agree not to upload, post or otherwise transmit any Content that:

 

  • violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;

 

  • you know to be false, misleading or inaccurate;

 

  • contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;

 

  • contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;

 

  • violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;

 

  • advocates violent behavior or poses a reasonable threat to personal or public safety;

 

  • contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes;

 

  • is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right.  The burden of determining that any Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.  Any person determined by the Company, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site; or 

 

  • contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. 

 

  • You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.

 

  • You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.

 

  • You agree not to represent or suggest, directly or indirectly, the Company’s endorsement of  your Content.

 

  • You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.

 

  • You agree not to upload, post or otherwise transmit any Content, software or other materials which contain a virus or other harmful or disruptive component.

 

  • You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

 

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.

 

  • You agree not to use any service, technology or automated system to artificially inflate the page views that your Content receives.  This includes pay-per-click services, web “robots” and any other current or future technologies.  You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

 

  • You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time.  You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

 

By posting your Content using the Services, you are granting an unrestricted, irrevocable, nonexclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed.  You further represent and warrant that all so-called moral rights in the Content have been waived.

 

By posting Content to the Site, you warrant and represent that you either own or otherwise control all of the rights to that Content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content, or that your use of the Content is a protected fair use.  You agree that you will not knowingly and with intent to defraud provide material and misleading false information.  You represent and warrant also that the Content you supply does not violate these Terms.  It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose.  We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.

 

You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers, members, managers, agents, representatives, and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Site, any Content you supply to the Site, or your violation of these Terms or the rights of another.

 

Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with Us.  We have no more editorial control over such Content than does a public library or newsstand.We do not endorse, nor are We responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than Our authorized representative.  

 

4.         Access

 

You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Content posted on this Site.  You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree not to harvest or otherwise collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.

 

The Site is provided for informational purposes only, and no Content included on the Site is intended for any specific medical, dietary, nutritional, or health-related purpose.  

 

Posting on the Site may provide links to other websites on the Internet.  We are not responsible or liable for such materials or information and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings.  We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the websites by Us or any association with their operators.

 

We may enable you to establish an account with a username and password to access and use the Services.  If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password.  You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session.  We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.

 

5.         Third Party Websites, Products, and Services.  

 

“Third Party Applications” means online, Web-based applications or services, and offline software products that are provided by third parties and may operate in conjunction with the Services.

 

We or third party providers may offer or utilize Third Party Applications and related services to in connection with the Site or Services.  You acknowledge and understand that the use of such Third Party Applications or services may be subject to separate terms and conditions by Third Party Applications providers. We do not warrant any such Third Party Applications or services.  If you install or enables Third Party Applications or services for use with the Services or Site, you agree that We may allow such third party providers to access Content as required for the interoperation of such Third Party Applications with the Services, and any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider.  Finally, the continuing availability of the Third Party Applications is subject to the continued effectiveness and terms of the contract between Us and the third party provider.

 

If the Services utilize Third Party Applications, including third party payment processing, you expressly acknowledge and agree that We are acting sole as an intermediary between you and such third party providers, and we are in no way liable or responsible with respect thereto.  We will not be a party to, or in any way be responsible for monitoring, overseeing, or facilitating any interaction or transaction between you and any Third Party Applications, including third party payment processing. 

 

Accordingly, We encourage you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

 

6.         Fees

 

If you purchase a good or service on this Site that requires payment of a fee, you agree to pay all fees associated with such good or service.  For all charges for goods or services on this Site, We will bill your credit card.  Recurring charges may be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information promptly. 

 

If, for any reason, your credit card company refuses to pay the amount billed for the good or service, you agree that We may, at Our option, suspend or terminate your access to the Site and require you to pay the overdue amount by other means acceptable to Us.  We may charge a fee for reinstatement of suspended or terminated accounts.  You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. 

 

7.         Children

 

Collecting personal information from children under the age of thirteen (13) (“Minor Children”) through the Services or the Site is prohibited.  No Content should be directed toward Minor Children. Minor Children are not eligible to use the Site, and we ask that they do not submit any personal information to Us.

 

8.         Privacy Policy

 

Please be sure to read our Privacy Policy, which is available at getfitward.com and incorporated herein by reference.

 

9.         Termination of Access/Removal of Content

 

We shall have the right in Our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.

 

10.       Disclaimer of Warranties

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WE MAKE NO WARRANTIES THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

 

11.       Limitation of Liability

 

FITWARD, LLC, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OWNERS, REPRESENTATIVES, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FITWARD, LLC AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OWNERS, REPRESENTATIVES, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. 

 

12.       Indemnification

 

Upon a request by Us, you agree to defend, indemnify, and hold us and our subsidiaries, affiliates, licensors, service providers, content providers, owners, representatives, employees, agents, officers, and directors harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Us in asserting any available defenses.

 

13.       Copyright Complaints

 

We respect the intellectual property of others and require that Our users do the same.  If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify Us of your claim of infringement by sending the following written information to Our designated Copyright Agent:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

  • A description of the copyrighted work that you claim has been infringed upon;

 

  • A description of where the material that you claim is infringing is located on the Site, including the URL and date on which the material was displayed;

 

  • Your address, telephone number, and e-mail address;

 

  • 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

 

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Our Copyright Agent for notice of claims of copyright infringement on its Site is, who can be reached as follows:

 

Hannah Kaufman Joseph

Katz Korin Cunningham PC

334 N. Senate Avenue

Indianapolis, Indiana 46203

hjoseph@kkclegal.com

 

14.       International Use.  

 

Although the Services or Site may be accessible worldwide, We make no representation the Services or Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.  Any offer for any product, service, and/or information made in connection with the Services or Site is void where prohibited.

 

15.       Governing Law. 

 

Any claims or disputes arising out of the use of this Site or the Services will be governed by and construed in accordance with the laws of the State of Indiana without regard to its rules regarding conflict of laws and will be subject to the exclusive jurisdiction of the federal or state courts of Marion County, Indiana, and the parties hereby consent to personal jurisdiction and venue in such courts and waive any and all objections thereto or to the convenience of any such forum.  

 

16.       Acceptance and Acknowledgement of Terms

 

Use of this Site constitutes acceptance of these Terms.  You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of Ours that may govern your conduct.

 

Please do not hesitate to contact us at info@getfitward.comif you have questions.  You may also contact us at our address:

 

Fitward, LLC

P.O. Box 272

Zionsville, Indiana 46077

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