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The following terms and conditions apply to ensure each visitor has a safe pleasurable visit. By using Fitscape.com you agree to be bound by each and every term set forth herein. In the event that Fitscape.com makes any changes to the Terms of Use and/or any other policies and conditions that govern Fitscape.com your continued use shall act as full understanding and acceptance of these prospective changes.
GENERAL INFORMATION
The Terms of Use set forth herein constitute the entire agreement between Fitscape.com and the user. In addition you may be subject to terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Any failure of Fitscape.com to exercise, acknowledge or enforce any right or provision found within Terms of Use or applicable laws shall not constitute a waiver of such right or provision. If any provision or part thereof found within these Terms of Use is adjudicated and determined by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties' intentions as reflected in the specific provision and Terms of Use as a whole. Furthermore, the Courts ruling on any individual provision shall have no effect on any other provisions of the Terms of Use allowing the remainder to have full force and effect. By utilizing Fitscape.com you agree to file all claims or causes of action arising out of or related to the Term of Use themselves, as well as information, advise, products or any other services provided by Fitscape.com within one year of the alleged harm. This agreement is divided into sections for the convenience of the users, therefore the headings have no contractual effect upon the rights of Fitscape.com or its users.
ACCOUNT OBLIGATIONS
In consideration of your use of the Fitscape.com, you agree to: a) provide accurate, current and complete information about yourself as prompted by the specific requests of the wellness programs ("Personal Profile) and (b) maintain and promptly update your "Personal Profile" to keep it true, accurate, current and complete. If you provide any information that is false, misleading, not current or incomplete or we have reasonable grounds to suspect that such information is false, misleading, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Fitscape.com. Account Information and certain other information about you are subject to our Privacy Policy. For more information, please see our full privacy policy at Privacy Policy. You will receive a password and user name when you have completed the "Personal Profile". You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying Fitscape.com will not be permitted and will lead to the termination of your account. You agree not to use Fitscape.com for any unlawful purpose. You are prohibited from posting on or transmitting through the Fitscape.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages or conduct that would further, or in and of itself, constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
SITE CONTENT
You acknowledge that Fitscape.com contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, including media and technologies existing now or hereinafter developed. All Content is copyrighted individually and as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Unless explicit restrictions are displayed, you may make copies of select portions of the Content, solely for your personal use. Any reproduction of Content by you is for your personal information only which when reproduced for any non-commercial purpose requires that you do not alter or modify the Content in any way, and reproduce any and all notices and disclaimers contained in the original. All Content, including copyright notices, trademark legends, or other proprietary rights notices, except that referred to in this paragraph or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), may not uploaded, posted, reproduced, or distributed in any way. All Content protected by copyright, or other proprietary right shall not be uploaded, posted, reproduced, or distributed without the full written consent of Fitscape.com or one of its recognized agents. In addition to the foregoing, use of any Fitscape.com software and/or Content shall be governed by the software license agreement accompanying such software, if any.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE TEXT, GRAPHICS, IMAGES AND INFORMATION OBTAINED FROM FITSCAPE.COM ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BEFORE EMBARKING ON A FITNESS PROGRAM AND/OR WHEN YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION THAT COULD BE AFFECTED BY A FITNESS REGIMEN. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF CONTRADICTIONS IN SOMETHING YOU HAVE READ ON FITSCAPE.COM. FURTHERMORE, FITSCAPE.COM DOES NOT WARRANT ANY RESULTS WILL BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE A WARRANTY. All information provided by Fitscape.com, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. YOU SHOULD NOT USE THE INFORMATION CONTAINED AT FITSCAPE.COM SITE FOR A SUBSTITUTE TO THE CARE OF A PHYSICIAN. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED AT OR THROUGH FITSCAPE.COM OR LINKS PROVIDED BY FITSCAPE.COM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. Fitscape.com explicitly disclaims any responsibility for the research in, and/or accuracy of information found on sites that link to or from Fitscape.com from third parties not associated with us. We encourage discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FITSCAPE.COM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) INFORMATION OR LACK THEREOF FROM FITSCAPE.COM (ii) ANY CONSEQUENCES AND THE COST OF PROCURING ANY FORM OF SUBSTITUTES GOODS OR SERVICES FOR THE INABILITY TO USE FITSCAPE.COM OR THE PRODUCTS PURCHASED THROUGH FITSCAPE.COM (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR "PERSONAL PROFILE" OR OTHER PRIVATE INFORMATION; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ALL OTHER ISSUES RELATING TO THE SERVICE PROVIDED BY FITSCAPE.COM. ALL PERSONS USING FITSCAPE.COM OR RECEIVING AUTHORIZED REPRODUCTIONS OF INFORMATION PROVIDED BY FITSCAPE.COM HEREBY ACKNOWLEDGE THAT THIS SECTION OF THE TERMS OF USE APPLIES TO ALL INFORMATION, ADVISE, PRODUCTS, AND ANY OTHER SERVICE AVAILABLE THROUGH FITSCAPE.COM. IN STATES THAT DO NOT RECOGNIZE DISCLAIMERS EXCLUDING OR LIMITING LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN EACH STATE FITSCAPE.COM CONDUCTS BUSINESS. By utilizing Fitscape.com you agree to indemnify, and hold harmless, Fitscape.com and any of its recognized agents, representatives, and subsidiaries, from any claims or demands made by any third party arising out of Content you submit, post to or transmit through Fitscape.com or any other use in violation of these Terms of Use, or the personal rights of another.
EXPORT
Your utilization of Fitscape.com expressly warrants that you agree to abide by each and every applicable U.S. Export Control Law, including but not limited to the Export Administration Act and Arms Export Control Act.
OUR RIGHTS
Fitscape.com reserves the right to disclose any information provided to Fitscape.com to satisfy any law and/or governmental regulation if such disclosure is required to legally operate or protect the rights of Fitscape.com and/or any of its agents, subsidiaries or affiliates. Fitscape.com is not responsible and reserves the right not to monitor any or all of the information provided by users. Furthermore, Fitscape.com reserves the right not to police Fitscape.com for content that allegedly infringes upon, or is defamatory, damaging, illegal or offensive to any person or entity. If such information or content is brought to the attention of Fitscape.com we reserve the right to have sole discretion to investigate and determine the appropriate course of action including but not limited to removing the content from Fitscape.com. We may terminate, or suspend your access to all or part of Fitscape.com, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
LINKS TO THIRD PARTY SITES
Links to a third party's web site will let you leave Fitscape.com. These sites are not under the control or supervision of Fitscape.com, therefore, we are not responsible for the information, advise, service, merchandise or any other product offered by these linked sites. Furthermore Fitscape.com is not responsible for, does not endorse, and is not warranting webcasting or any other form of transmission received from any linked site. Links are provided for the sole purpose of convenience.
SUBMISSIONS
Fitscape.com welcomes input and question regarding the information and services provided by our site. Fitscape.com respectfully requests comments be directed at issues surrounding our services and products only. Any information send to us shall be deemed and remain property of Fitscape.com. This information shall not be subject to any obligation of confidence, nor shall we be liable for any use or disclosure of this information. Subject to the aforementioned you agree by utilizing Fitscape.com, that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to any/and all information provided to Fitscape.com. Furthermore, Fitscape.com shall be entitled to unrestricted use of this information for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider, including the right to publish it at Fitscape.com or elsewhere and to utilize the information for any means we deem appropriate.
APPLICABLE LAW
We control Fitscape.com from our offices within California, United States of America. We make no representation that the information provided by Fitscape.com is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access Fitscape.com from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to Fitscape.com, the services provided by Fitscape.com, or any content found within, shall be governed by the internal laws of the state of California, without reference to its choice of law provisions.
TERMINATION
The terms of use are effective until terminated by either party or modified by Fitscape.com and acknowledge by your use. If you no longer agree to be bound by the Terms of Use, you must terminate your use of Fitscape.com. Subject to applicable law, we reserve the right, at the sole discretions of Fitscape.com and its recognized agents, to suspend, restrict or deny your access to any or all attributes of Fitscape.com with or without notice. This may include but is not limited to the immediate deactivation or deletion of your account and all related information and files in your account, which will in turn bar any further access to such files or Fitscape.com as a whole. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Fitscape.com.
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