FITNESS FAVORITES TERMS OF USE

UPDATED May, 2011

PLEASE READ THESE TERMS OF USE CAREFULLY. Access to this website is restricted to those who accept all of the terms and conditions of this Terms of Use. If you do not agree to these Terms, you may not access or otherwise use this Site.

You acknowledge that you have read these Terms and that You accept and agree to be bound by these Terms and any amendments thereto. You also agree that you are at least 18 years of age and eligible to use this site. This Site is NOT intended for any child under the age of 18.

Welcome to Fitness Favorites (fitnessfavorites.com). By using your unique password to sign onto and use this website (fitnessfavorites.com) and its related sites (the "Site"), provided by Fitness Favorites Fitness Systems, LLC. (Company), and by accepting these Terms of Use and any amendments thereto (the "Terms"), You ("You" and "Your") agree that Your use of this Site and its related domains is governed by the Terms. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to Your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement You may have with Company for products, services, or otherwise. If You register in the future for additional features which might be added to this Site, additional rules, policies, and disclaimers may apply.

HEALTH AND FITNESS DISCLAIMER
Before beginning an exercise program, always consult your doctor or qualified health practictioner and be sure to be tested for or report your current level of activity, any chest pains, joint problems, medical conditions (such as diabetes or pregnancy), breathlessness, dizziness, or heart conditions. If you experience any discomfort or pain during an exercise routine, immediately cease the activity and seek the assistance of a qualified physician or health care provider.

If You have been diagnosed with any health disorder (including eating disorders), or in the event You suspect that You have any health disorders, You must meet with your qualified health care practictioner or physician to ensure that any recommendations provided on the Site do not adversely affect your condition or interfere with Your treatment.

The information and content on this Site is for educational purposes only and is not intended to substitute for or replace counseling from health or medical professionals. Company is not engaged in rendering personal health or medical advice or treatment and the information provided on the Site should not be used in lieu of advice given by qualified medical professionals such as Your doctor or registered dietitian. If you have concerns about Your health, You should consult with your doctor or qualified health practictioner.

Use of Site: This Site is a place to meet and talk with others concerning all aspects of health and fitness. This Site welcomes a variety of viewpoints and forums and other features of this Site are open to everyone who is a registered member. Please remember that what You post on this Site is not private, and can be read by any other registered member. To protect your privacy, please refrain from posting Your address, Your home telephone number, Your password, Your credit card information or personal details about Yourself.

Passwords and Nicknames: In order to access content on the Site, You must register to become a member of the Site. You must provide truthful information when signing up to become a member, and may not use any aliases or other means to mask your true identity. Upon successful registration You may select a nickname and password. Please safeguard at all times Your nickname and password. You are responsible for the security of Your nickname and password and will be solely liable for any unauthorized use.r

Your nickname on this website is the property of Company. Company has the right to use Your Nickname with your postings on this website in advertising, publicity and/or promotion for Company's products and services. Company also reserves the right to edit Your internet postings for clarity prior to use by Company.

Limited License: Company hereby grants You a non-exclusive, non-transferable, limited right to access, use and display the Site on Your computer or other web enabled device. All such rights with respect to the Site remain with Company in perpetuity. Except as expressly set forth in this Policy, You shall have no rights of any nature in the Site.

Courtesy to Others: A fundamental rule of this Site is to "be polite to others." While discussions may grow heated at times, Company asks that users communicate in a civil manner. Personal attacks or disparaging comments are unacceptable.

Name calling and gratuitous obscenity will not be tolerated on this Site. Company asks for Your help in making this a safe and pleasant environment. If someone is annoying You or sending inappropriate messages, Company recommends that You block messages to You from that person by following the directions shown on the FAQ section of this Site as they may be changed from time to time.

Unauthorized actions and access: This Site is NOT a place for You to promote Your products or services or conduct business. In connection with Your use of the Site, You further agree not to transmit or convey any content, messages or other communications which:

contain advertisements, chain letters, pyramid schemes, multi-level marketing, blatant cross-posting, or promotions of other sites, whether or not competitive to the Site;
is knowingly false and/or defamatory, libelous, abusive, hateful, harassing, inaccurate, vulgar, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law, or is of a religious or political nature;
infringe any copyright, trademark, trade dress, trade secret, or patent, or otherwise violates any proprietary or personal right; or
violate any federal, state or local law, including, without limitation, laws regulating anticompetitive activity
infringe any copyright, trademark, trade dress, trade secret, or patent, or otherwise violates any proprietary or personal right; or
violate any federal, state or local law, including, without limitation, laws regulating anticompetitive activity

You also agree:
Not to disrupt or interfere with the security or operation of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
Not to frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page.
Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
Not to use meta tags or any other "hidden text" utilizing any of Company's name(s), trademark(s), or product name(s) without Company's express written consent;
Not to deeplink to this Site without Company's express written consent;
Not to use, frame, or utilize framing techniques to enclose any of Company's trademark(s), logo(s), or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Company's express written consent;
Not to create or use a false identity on this Site, including impersonating any person or entity, including, without limitation, other members of this site or other sites, representative(s) of the Site, or a minor or communicate under a false name or a name which You are not authorized to use;
Not to collect or store personal data about others;
Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
Not to post any material that is knowingly false and/or defamatory, libelous, abusive, hateful, harassing, inaccurate, vulgar, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law, or is of a religious or political nature;
Not to post any copyrighted material unless the copyright is owned by you or Company.
You agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Company reserves the right to revoke permission to link to the Site.

Company reserves the right to inspect any and all transmissions made through the Site and to block, delete or modify any transmissions in contravention of these policies or WHICH ARE otherwise objectionable. In addition, Company reserves the right to suspend or delete nicknames of any user, or otherwise prevent any user access to the Site, that has, or in Company's reasonable opinion may, violate this policy.

If Company determines that removal of a message or other communications on the Site is necessary, it will do so within a reasonable time. Please note that removal is a manual process and that Company may not be able to remove a particular message immediately.

Changes to the Site: Company may, in its sole discretion, change, modify, suspend, terminate, make improvements to, or discontinue any aspect of the Site (including the Privacy Policy) or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to You, and You agree that Company shall not be liable therefor.

Linked Sites: Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Company and Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Company of the site or any information contained therein. When leaving the Site, you should be aware that Company's Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

No Warranty. You hereby acknowledge that access to the Site may be subject to interruption by reason of scheduled or unscheduled downtime or inherent technical limitations of server technology or Internet connectivity. Company has made reasonable efforts to ensure that the Site is stable, but due to the complexity underlying Internet operations, Company makes no warranty that the Site will operate as represented or be entirely free of errors, viruses or disabling code. This Site may contain advice, opinions, and statements of various users. Company does not represent or endorse the accuracy, reliability or usefulness of any advice, opinion, statement or other information provided by any user of this site or other person or entity. Reliance upon any such opinion, advice or statement shall be at Your own risk. Company is a distributor (and not a publisher) of messages, and other communications on the Site. Company may, in its own discretion, decide to monitor any content, but it shall not be responsible for policing, monitoring, or editing such content. If a message is objectionable to You or otherwise violates this Policy, please contact customerservice@ fitnessfavorites.com OR by U.S. Mail to:

Fitness Favorites Customer Service
c/o Fitness Favorites, LLC
Post Office Box 50857
Columbia, SC 29250

Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO COMPANY FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT. CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH COMPANY. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.

COMPANY STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE. HOWEVER, COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, COMPANY DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms.

Digital Millennium Copyright Act ("DMCA") Notice: Company owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Site, or via the Site, by third parties not within the control of Company. It is our policy not to permit materials known by us to be infringing to remain on this site. You should notify us promptly if You believe any materials on this site infringe any copyright. Upon our receipt of a proper notice of claimed infringement under the DCMA, Company will respond expeditiously to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Notice of alleged infringement should be sent to Customer Service with "Copyright Infringement" in the Subject line.

Fitness Favorites Customer Service
c/o Fitness Favorites, LLC
Post Office Box 50857
Columbia, SC 29250

Copyright Policy and Copyright Agent: Company may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Company may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that Company or any user of our Site has infringed your copyright in any material way, please notify Company, and provide the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
An identification of the copyrighted work claimed to have been infringed;
An identification of the material that you claim is infringing so that we may locate it on the Site;
Your address, telephone number, and e-mail address;
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; and
A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Please direct inquiries regarding copyright issues by e-mail to: customerservice@fitnessfavorites.com, or by mail to: Fitness Favorites, LLC, PO Box 50857, Columbia, SC 29250, Attn: Manager of Internet Operations.
Privacy Policy: Users of this Site should refer to Company's Privacy Policy for information about how Company uses and collects information. You agree that Company may disclose your personal information to a third party if Company believes in good faith that the law or legal process requires it, to protect the rights or property of Company or others, or as otherwise described in the Privacy Policy for fitnessfavorites.com and as it may be modified or changed from time to time.

Product Information: For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service Desk.

SEC Disclosure: Company has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. The information contained within press releases issued by Company should not be deemed accurate or current except as of the date the release was posted. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

International Users: This Site is controlled, operated, and administered by Company from its offices within the United States of America. Company makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If You access this Site from a location outside of the United States, You are responsible for compliance with all local laws.

Termination: Notwithstanding any of these Terms, Company reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate Your license to use the Site and to block or prevent future access to and use of the Site. You agree that Company shall not be liable for any termination of your use of or access to the Site.

Severability: If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms.

Language: You agree that you can read the English language and have consented to the Terms and all related documents to be drawn up in English.

Limitations on Liability: IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED BY YOU OR ANY THIRD PARY (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE AND ITS CONTENT; (II) YOUR USE OF THE SITE (III) INCLUDING COPYING, PRINTING OR DOWNLOADING ANY PORTION OF THE SITE AND ITS MATERIALS; (IV) ORTHE USE OR INABILITY TO USE THIS SITE; (V) ANY CONTENT POSTED BY ANY USER; (VI) LOSS OR INTERRUPTION OF USE OF THE SITE; (VII) LOSS OF PROFITS OR REVENUES; (VIII) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IX) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF OR DAMAGE TO YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (X) DOCUMENTATION, SECURITY, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (XI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF COMPANY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE AND IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S 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 COMPANY FOR ANY PRODUCTS SUPPLIED BY COMPANY THROUGH YOUR USE OF THE SITE.

Company will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms.

Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the jurisdiction of the federal and state courts in the State of South Carolina, County of Richland. and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.

The terms of this section survive any termination of the Terms.

General: The Terms are the entire agreement between Company and You with respect to Your use of the Site. Company reserves the right to change the Terms at any time by posting a revised Terms of Use at http://www.fitnessfavorites.com

Any cause of action You may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Company to enforce or exercise any provision of the Terms or related rights shall not constitute a waiver of that right(s) or provision(s). The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between You and Company, and You have no authority whatsoever to create any obligation or make any representation on Company's behalf. You may not assign this agreement, by operation of law or otherwise, without Company's written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against You and Company and their respective successors and assigns.

The terms of this section survive any termination of the Terms.

By using this site I acknowledge that I have read these Terms of Use, and accept the terms thereof.

© Fitness Favorites, LLC 2011