Please read the following terms and conditions (“Terms”) carefully, as they form the agreement (“agreement”) between the user (“User”, “you”, “your”) and FitTitans (“FitTitans”, “we”, “us”, the “site”). The User and FitTitans are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
If you do not agree to these Terms, you may not use the site. By using the site after the above date, you are agreeing to be bound by this agreement, including all amendments made to date.
1. Modification of Terms
These Terms and conditions and any other agreement are subject to change without notice, at FitTitans’s sole discretion. The User accepts to be governed by the modified document. Every time you browse FitTitans, it is your responsibility to check the Terms then in effect.
All information provided by FitTitans through the site or sent to you by any of FitTitans’s affiliates through the site, is of a general nature and is provided for recreational purposes only. Reliance on the information provided in the site is solely at the User’s own risk. FitTitans may not ensure the accuracy, efficacy, completeness or timeliness of the content provided in the site.
3. General Guidelines
The User acknowledges that the username and password provided to access the site is strictly private and confidential and shall not be disclosed or shared with third parties. Any use of these with a purpose other than intended, may allow FitTitans to terminate this agreement and cancel the User´s access at its own discretion, without prior notice. In no event shall FitTitans be held liable for any unauthorized access to the User´s account or use of their password.
The User is solely responsible for all activities which occur under their account whether authorized or not authorized. FitTitans will not be liable for loss or damage caused by these circumstances. Interaction with other users will be at the User’s own risk.
FitTitans is not responsible for any improper use of the contents of the site, being the sole responsibility of the User who access or use it.
Violation of these Terms and Conditions will cause the User´s access to be terminated and your account to be removed from FitTitans without any notice.
4. Personal Information
5. External Links
6. Proprietary Rights
FitTitans and other identifying marks are proprietary to FitTitans and may be protected by copyrights, trademarks, patents, trade secrets, intellectual property, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You may not use these marks for any purpose without the express prior written consent of FitTitans. All other content available on the site, including text, pictures, photographs, multimedia, graphics, animated images, databases, programs, videos, etc., is the exclusive property of FitTitans and its affiliated companies, and cannot be reproduced or used in any way without previous written consent from FitTitans. All rights not expressly granted are reserved. Except as expressly set out above, you may not copy, reproduce, modify, create derivative works or in any way commercially exploit any form or by any means the content of FitTitans, without the prior written permission of FitTitans or the holder of the copyright. Any unauthorized or unlawful use of the contents constitute a violation of these Terms and conditions as the existing applicable trademarks laws, copyrights and/or other intellectual property laws both national and international, and will allow FitTitans to exercise all legal actions at our disposal, including criminal action. By posting information or content to FitTitans, the User automatically grants, represents and warrants that has the right to grant to FitTitans, its affiliates and associates, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, store, display, modify, perform, reproduce, adapt, digitalize, translate, use for advertising, commercial or noncommercial purposes and distribute, the content provided by the User to be disclosed at FitTitans and to perform, display, distribute prepare derivative works of, or incorporate into other works, such information and content.
7. Limitation of Liability
The site is distributed on an “as is” basis. We make no warranty that the site or services will meet your requirements, or that the site will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the site. Where permitted by law, you acknowledge that the site is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of fitness for a particular purpose, merchant-ability and non-infringement, and any warranties arising out of course of dealing or usage of trade.
In no case FitTitans, its officers, directors, shareholders, employees, or business partners, affiliates and any other authorized agent or representative, or its affiliate companies or associates shall be responsible for and disclaims all liability for any loss, liability, claim, cost, expense, damage (whether direct, indirect or consequential), or expense of any nature whatsoever caused and on any theory of liability, whether for breach of contract, tort (including negligence) or otherwise, including, but not limited to physical damages, bodily/personal injury, death, emotional distress and discomfort, loss of enjoyment, upset, disappointment, dissatisfaction, frustration, loss of or damage to property, accident, delay, non-performance, irregularity, loss of anticipated profits, loss of business, business interruption, loss of business opportunity, loss of revenues, goodwill, use, data, or other intangible losses, or any consequence derived from these circumstances, arising out of or related to: (i) FitTitans’s site or services; (ii) the use or the inability to use the site and/or any content; (iii) your interaction with other users, even if we or our agents or representatives know or have been advised of the possibility of such damages, (including but not limited to messages received or transactions entered into by means of or through the site, the unauthorized access to or alteration of your transmission or data or other information that is sent or received or not sent or received, any delays, inaccuracies, errors in, or omission of information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof, any hacking, tampering or other unauthorized access or use of the site or your account or the information contained therein, or any user content); (iv) any user content or the defamatory, offensive, or illegal conduct of any third party through the site; and (v) Any delay, cancellation, additional expense, omission, re-routing or acts of any government or authority, or other causes beyond FitTitans´s direct control, even if FitTitans has been advised of the possibility of such damages, regardless of any negligence of FitTitans or any of its affiliates or agents. These limitations shall apply notwithstanding any failure or essential purpose of any limited remedy in particular.
FitTitans explicitly excludes, to the extent that is permissible by law, any liability for direct or indirect damage, as well as consequential damage allegedly caused to a user, when that user’s behavior has contributed to the production of the damage allegedly suffered. Nor when the user has failed all or part in the performance of obligations under these terms.
The user accepts that FitTitans does not warrant, guarantee or assume any liability for any service requested or provided through the site, or in connection with the offer or supply or default in supplying the services through the site, neither warrants, guarantees or assumes any liability for any indirect, consequential or special damages or losses, that arises as a consequence of the service provided or use of the site. The user agrees that any legal remedy or liability that they seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against such users or other third parties who caused the harm. The user agrees not to attempt to impose liability on or seek any legal remedy from FitTitans with respect to such actions or omissions.
All liability and indemnity obligations herein contained shall survive the termination of this agreement along with any other provision which by its nature survives termination.
8. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, User agrees to hold harmless, defend and indemnify FitTitans, its officers, directors, shareholders, employees, licensors, co-branders or other partners, and any other authorized agent or representative, or its affiliate companies or associates, from any and all loss, liability, demand, penalty, claim, legal proceeding, cause of action, damage, expense, action, settlement, including without limitation, reasonable legal fees of every kind and nature and other costs arising out from or in any way related to your use of FitTitans, which FitTitans may suffer from User’s activities on or use of the Site, including without limitation any breach by the User of these Terms, the User ’s negligence or misconduct or any charges or complaints made by other parties against the User. The User shall cooperate as fully as reasonably required in the defense of any claim. FitTitans reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
10. Final Dispositions
a) These Terms shall be governed in all respects by the laws of the United States of America and by the laws of the State of Washington, excluding its conflict of laws principles. b) if a dispute arises out of this agreement, the Parties will seek to resolve it by negotiation on an amicable basis. If the dispute has not been resolved by negotiation, any dispute will be settled in the Courts located in State of Washington. If FitTitans must take legal action in any dispute arising out of this agreement and prevails, it shall be entitled to its costs including attorney fees. c) these Terms constitute the final and entire agreement between FitTitans and the User; d) these conditions supersede and replace any validity above arrangement. e) the rights and obligations assigned under this Terms are personal to the User, and cannot be assigned to anyone; f) FitTitans´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision; g) if any provision of these Terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms which shall continue to have full force and effect.
Last revised December 8, 2016.