Authorized Users: You hereby represent and agree that (i) you are a natural person and (ii) you are a registered user of the FitLinxx Products.
User Account and Password: As a registered user of FitLinxx Products, you must establish an account. You are solely responsible for protecting the confidentiality of such account, including, but not limited to, your password. You should never disclose your account information or password to anyone. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITIES WHICH OCCUR THROUGH YOUR ACCOUNT. You agree to immediately notify us of any unauthorized use of your account. WE ARE NOT RESPONSIBLE FOR ANY LOSSES ARISING OUT OF UNAUTHORIZED USE OF YOUR ACCOUNT.
Your Responsibilities; Guidelines: You will comply with all applicable local, state, federal, and foreign laws in using the FitLinxx Products and, if using the Products outside of the United States, not use the Products in a manner that would violate any federal or state laws of the United States if conducted therein. You shall use the FitLinxx Products solely for your personal use and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the FitLinxx Products available to any third party; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iv) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the FitLinxx Products or the data contained therein; or (vi) attempt to gain unauthorized access to the FitLinxx Products or related systems or networks.
Permitted Uses: Subject to the terms and conditions of this Agreement, we hereby grant you a limited, nontransferable, nonexclusive, revocable, nonsublicenseable, personal right to access and use the FitLinxx Products solely for your personal, noncommercial use. FitLinxx and its licensors retain all right, title, and interest in and to the FitLinxx Products and any and all content or other work of authorship made available to you by FitLinxx not expressly granted to you herein.
Customer Support: If you have any questions or concerns about your account, please contact Customer Support at firstname.lastname@example.org.
Third Party References and Material: References made in the Products may include reference to products, services, trademarks or hyperlinks of third parties. No such reference(s) shall constitute or imply an endorsement or recommendation by FitLinxx.
General Disclaimer: YOU ACKNOWLEDGE AND AGREE THAT THE FITLINXX PRODUCTS AND ALL CONTENT THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, NONE OF FITLINXX, ITS AFFILIATES OR ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “FITLINXX PARTIES”) WARRANT THAT FITLINXX PRODUCTS WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FITLINXX PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE FITLINXX PRODUCTS, THAT YOUR USE OF THE FITLINXX PRODUCTS IS AT YOUR SOLE RISK AND THAT NONE OF THE FITLINXX PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF FITLINXX PRODUCTS.
Health Disclaimer: The FitLinxx Products provide physiological data about your body along with information applications and content published over the Internet and are intended only to assist users in their personal health, fitness and wellness efforts. FitLinxx is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in FitLinxx Products 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 professional medical advice before beginning any health, fitness & wellness related effort or regimen.
Indemnification: You agree to defend, indemnify and hold the FitLinxx Parties harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the FitLinxx Products and/or any content thereof.
©2013 FitLinxx Inc. All rights reserved.
Last Updated February 4, 2013