FitLink.com Terms of Service Agreement

FitLink.com is an online community that allows Members to create personal profiles online, track workout results, and connect with workout partners. The FitLink.com web page, services and network (collectively, "the Service") is run by FitLink LLC. ("We,""Us," or the "Company"). By becoming a member of the FitLink.com community (a "Member") and using the www.FitLink.com Website (the "Website") you signify that you have read, understand, and agree to be bound by these Terms of Service (this "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the effective date. Your continued use of the Service or the Website after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by this or any future Agreement, please do not use or access the Service or the Website. It is your responsibility to regularly review this Agreement. The terms of our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made part of this Agreement.

The Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including e-mail) by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility

The Company strongly recommends that all Members of the Services consult their physician prior to participation in any physical activity.

Member acknowledges and agrees that strength, flexibility, and aerobic exercise, including the use of equipment, is a potentially hazardous activity. Further, Member acknowledges and agrees that fitness activities involve a risk of injury and even death, and such activities, including the use of equipment and machinery, are participated in voluntarily and with knowledge and understanding of the dangers involved. Member agrees to expressly assume and accept any and all risks of injury and/or death.

You further must declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent your participation or use of equipment and machinery expect as hereinafter stated. You acknowledge that you have been informed of the need for a physician's approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also must acknowledge that it has been recommended that you have a yearly or more frequent physical examination and consultation with your physician as to your physical activity, exercise, and use of exercise and training equipment so that you have his/her recommendations concerning such fitness activities and equipment use. You acknowledge and agree that you have either had a physical examination and have been given your physician's permission to participate, or that you have decided to participate in activity and use of equipment and machinery without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.

You must be at least thirteen of age to register as a Member or to use the Website. Use of the Website and Membership in the Service are void where prohibited. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The Company may terminate your Membership and/or prohibit you from using or accessing the Service or the Website for any reason, at any time.

2. Term

This Agreement will remain in full force and effect while you use the Website or Services and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Deactivate Account page in the Manage Account section of the Website. The Company may terminate your membership for any reason, at any time. Even after Membership is terminated, this Agreement will remain in effect.

3. Fees

There is a one time lifetime membership fee of $5. The Company reserves the right to charge for the Services and to change its fees at its discretion. If the Company terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Privacy

You can view our Privacy Policy which is linked at the bottom of every page. By using the Web site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

5. Proprietary Rights in Content on FitLink.com

All content on the Web site, including but not limited to design, text, graphics, results, compilations of individual data, other files, and their selection and arrangement either posted by the Company or by other Members (the "Content"), are the proprietary property of the Company or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

6. Non-commercial Use

The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by the Company or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized use of the Website or Services, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

7. Content Posted By Members

You are solely responsible for the photos, profiles and other content that you publish or display (hereinafter, "post") on or through the Service or the Web site, or transmit to other Members (collectively the "Member Content"). You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. You may remove your Member Content from the Website at any time.

By posting Member Content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. The Company does not endorse and has no control over the Content. Content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. The Company makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8. Content Prohibited

Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your membership. The Company reserves the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website, terminating the Membership of such violators and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:

• is patently offensive to the online community, promotes racism, bigotry, hatred, physical harm of any kind, or is otherwise objectionable against any group or individual.
• harasses or advocates harassment of another person.
• involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, instant messaging, e-mailing, or other communication.
• involves commercial activities, promotion, sales and/or other commercial activity without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
• includes any information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
• displays pornographic or sexually explicit material of any kind, or exploits people in a sexual or violent manner.
• solicits personal information from anyone under 18.
• solicits passwords or personally identifying information for commercial or unlawful purposes from other Members.
• includes a photograph of another person that you have posted without that person's consent.
• promotes an illegal or unauthorized copy of another person's copyrighted or copyrightable work.
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
• upload, post, e-mail, transmit or otherwise make available any material that contains 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.

Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Although the Company cannot monitor the conduct of its Members off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and the Company. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.

9. Events

The Services provide tools that enable Members to arrange physical meetings ("Events") at venues that include, but are not limited to, public parks, swimming pools, trails, private homes or health clubs. The Company does not supervise these Events and is not involved in any way with the actions of any individuals at these Events. As a result, the Company has no control over the identity or actions of the individuals who are present at these Events, and the Company requests that our Members exercise caution and good judgment when attending these Events.

Because the Company does not supervise, control, or participate directly or indirectly in the Events or interactions among or between Members and other persons or companies, and because the Company is not involved in any way with physical transportation to or from these Events or with the actions of any individuals at these Events, and because the Company cannot guarantee the true identity, age of Members, and because we have no control, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service you agree that you bear all risk and you agree to release the Company (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Event leaders from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, an Event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have of the statutory or non-statutory law of any jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

10. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please e-mail us at feedback@FitLink.com and provide us with: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the Website; 4. your address, telephone number, and e-mail address; 5. 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.

11. Disclaimers

The Company is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Web site, Members, advertisers, partners, or by any of the equipment or programming associated with or utilized in the Website or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, attendance at any FitLink.com event, from any Content posted on the Website or transmitted to Members or other users, or any interactions between or among Members or other users of the Website, whether online or offline. Profiles, articles, events, or groups created and posted by Members on FitLink.com may contain links to other websites. The Company is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website on FitLink.com does not imply approval or endorsement of the linked website by the Company. When you access these third-party sites, you do so at your own risk. The Company takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. The Web site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communication. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating, viewing or downloading materials in connection with the Web and/or in connection with the Service. The Website, the Service and the content are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The company cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein.

12. Limitation on Liability

You specifically agree that the Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of the Company terms and conditions, the sole and exclusive remedy available to you is to discontinue using the Service and discontinue your membership. Notwithstanding any other provision of this Agreement, the Company's entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will the Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages.

13. Disputes

If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Illinois without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Illinois, City of Chicago. Either the Company or you may demand that any dispute between the Company and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association in Chicago, Illinois. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Website and/or the Service (including your visit to or use of the Website and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

14. Member Disputes

You are solely responsible for your interactions with other FitLink.com Members. The Company reserves the right, but has no obligation, to monitor disputes between you and other Members, and to take any action that the Company feels may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.

15. Indemnity

You agree to indemnify and hold the Company, its subsidiaries, affiliates, directors, contractors, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to, or relating to your use of the Website, or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement and/or any other breach of this Agreement by you and/or any breach of your representations and warranties set forth in this Agreement.

16. Other

This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. Together with the Privacy Policy and any other policies of the Company posted by us on the Website, this Agreement will constitute the entire agreement between you and the Company regarding the use of the Website and/or the Service. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held inval id or unlawful, the remainder of this Agreement shall continue in full force and effect.

Please contact us with any questions regarding this agreement.