Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services provided by Focused on Fit. If these terms and conditions are considered an offer by Focused on Fit, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 18 years old.
Focused on Fit is not a medical professional, nor are any of its owners, managers, employees, agents, or representatives. The Service does not offer medical advice. You should consult with your physician or health care professional before starting any fitness or exercise program. This Service may offer fitness, health, and nutritional information for educational purposes only. This information is not a substitute for professional medical advice, diagnosis, or treatment. None of Focused on Fit, its owners, officers, employees, agents, representatives, or its content or service providers recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included or provided as part of the Service. Reliance on any information appearing on or provided by the Service is solely at your own risk. The Service is not to be used by individuals that are pregnant, nursing, or have a preexisting health condition. You hereby agree that, before using the Service, you should consult with your physician or health care professional.
- Your focusedonfit.com Account. If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Focused on Fit may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Focused on Fit liability. You must immediately notify Focused on Fit of any unauthorized use of your account or any other breaches of security. Focused on Fit will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you comment on a blog, post material to the Service, post links on the Service, or otherwise make material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
◦ the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
◦ if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
◦ you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
◦ the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
◦ the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
◦ the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
◦ your account or content is not named in a manner that misleads your readers into thinking that you are another person or company.
- Limited, Non-Exclusive License. By submitting Content to Focused on Fit for inclusion on your Service, you grant Focused on Fit a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Focused on Fit will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Focused on Fit has the right (though not the obligation) to, in Focused on Fit’s sole discretion (i) refuse or remove any content that, in Focused on Fit’s reasonable opinion, violates any Focused on Fit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Focused on Fit’s sole discretion. Focused on Fit will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
◦ General Terms. By selecting a product or service, you agree to pay Focused on Fit the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
◦ Automatic Renewal. Unless you notify Focused on Fit before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Focused on Fit in writing.
◦ Fees; Payment. By signing up for a Services account you agree to pay Focused on Fit the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Focused on Fit reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Focused on Fit.
◦ Support. If your service includes access to priority email support, the term “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Focused on Fit to respond within one business day) concerning the use of the Services. “Priority” means that support takes priority over support for users of the standard or free focusedonfit.com services. All support will be provided in accordance with Focused on Fit standard services practices, procedures and policies.
- Responsibility of Service Visitors. Focused on Fit has not reviewed, and cannot review, all of the material, including food database and nutritional information, posted to the Service, and therefore cannot be responsible for that material’s content, use or effects. By operating the Service, Focused on Fit does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any Focused on Fit can user can create and edit existing nutritional information. Focused on Fit does not guarantee the accuracy or completeness of any nutritional information in the food database. Focused on Fit is not responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring that any nutritional information is accurate and complete. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Focused on Fit disclaims any responsibility for any harm resulting from the use by visitors of the Service.
- Content Posted on Other Services. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Services and webpages to which focusedonfit.com links, and that link to focusedonfit.com. Focused on Fit does not have any control over those non-Focused on Fit Services and webpages, and is not responsible for their contents or their use. By linking to a non-Focused on Fit Service or webpage, Focused on Fit does not represent or imply that it endorses such Service or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Focused on Fit disclaims any responsibility for any harm resulting from your use of non-Focused on Fit Services and webpages.
- 8. Public Forums. Focused on Fit may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Service. The public forum posts and comments to such public forum posts are not monitored for accuracy, completeness, thoroughness or timeliness, and do not constitute medical advice or recommendation of any kind. You should not rely on any information contained in such posts or comments and you should consult with your qualified health care professionals to meet your individual needs or advise you as to any treatment. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through www.focusedonfit.com or any service or feature made available on or through the Service, any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Focused on Fit. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
- Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the Service and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
- Linking to the Web Site. You agree that if you include a link from any other web site to focusedonfit.com or any other web site that is part of the Service, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. We reserve the right to disable any unauthorized link or frame to focusedonfit.com or any other website that is part of the service. You are not permitted to link directly to any image hosted on focusedonfit.com or any other website that is part of the Service. We hereby disclaim all liability for any material on other websites that may contain links to focusedonfit.com or any website that is part of the Service. You agree not to download or use images hosted on the Service on another website, for any purpose, including, without limitation, posting such images on another website. We reserve the right to refuse or revoke your right to link to the Service from any other website at any time upon written notice to you.
- Copyright Infringement and DMCA Policy. As Focused on Fit asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by focusedonfit.com violates your copyright, you are encouraged to notify Focused on Fit in accordance with Focused on Fit’s Digital Millennium Copyright Act (“DMCA”) Policy described below. Focused on Fit will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Focused on Fit will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Focused on Fit or others. In the case of such termination, Focused on Fit will have no obligation to provide a refund of any amounts previously paid to Focused on Fit.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Focused on Fit’s Copyright Agent, designated as such pursuant to 17 U.S.C. § 512(c)(2) of the DMCA, named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 are authorized to act on the copyright owner’s behalf.
Focused on Fit, LLC
- Intellectual Property. This Agreement does not transfer from Focused on Fit to you any Focused on Fit or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Focused on Fit . Focused on Fit, focusedonfit.com, the focusedonfit.com logo, and all other trademarks, service marks, graphics and logos used in connection with focusedonfit.com, or the Service are trademarks or registered trademarks of Focused on Fit or Focused on Fit’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Focused on Fit or third-party trademarks.
- Advertisements. Focused on Fit reserves the right to display advertisements on the Service unless you have purchased an ad-free account.
- Partner Products. By activating a partner product (e.g. third-party application) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Changes. Focused on Fit reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Focused on Fit may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Focused on Fit may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your focusedonfit.com account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Focused on Fit if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Focused on Fit’s notice to you thereof; provided that, Focused on Fit can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Service is provided “as is”. Focused on Fit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Focused on Fit nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
- Limitation of Liability. In no event will Focused on Fit, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Focused on Fit under this agreement during the twelve (12) month period prior to the cause of action. Focused on Fit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Focused on Fit, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Focused on Fit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Focused on Fit, or by the posting by Focused on Fit of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the Virginia, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Henrico County, Virginia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Richmond, Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Focused on Fit may assign its rights under this Agreement without condition or prior notice. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.