TERMS OF SERVICE

3Fitt, Inc. or its licensors provide this website, content, products, mobile applications, software and services (collectively referred to as the "Service") to its Users subject to the following terms and conditions ("Terms of Service"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 3FITT, INC. AND GOVERNS YOUR USE OF THE SERVICE.  Please read this Agreement carefully. If you wish to use the Service, even if you only browse the Service and do not register, you must agree to these Terms of Service. If you do not agree to the Terms of Service, any use of the Service by you is unauthorized, and you should stop accessing the Service immediately. Your continued use of the Service will constitute acceptance of these Terms of Service. Registering as a User will confirm your acceptance. By checking the box to accept the Terms of Service, you will become a User of the Service (a “User”) and you agree to be bound by the Terms of Service for as long as you continue to be a User. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT REGISTER FOR OR USE THE SERVICE. You should print or otherwise save a copy of these Terms of Service for your records. "3Fitt" as used herein means 3Fitt, Inc., 2705 Tapestry Drive, Okemos, MI 48864.

  1. To register or use the Service you: (i) must be of legal age to form a binding contract with 3Fitt, (ii) must be an employee (or an eligible dependent of an employee) of a customer of 3Fitt or a customer of a 3Fitt licensee ("Customer"), (iii) must be authorized by Customer to access and use the Service, iv) cannot be a competitor of 3Fitt or engaged in the business of developing, marketing or supporting services and/or products substantially similar to the Service. By accepting these Terms of Service you represent that you understand and agree to the foregoing.
  2. THIS SERVICE IS FOR INFORMATIONAL PURPOSES ONLY.THE SERVICE IS FOR NON-COMMERCIAL, INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE. 3FITT IS NOT A MEDICAL ORGANIZATION AND OUR STAFF CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE PARTICIPATING IN ANY WELLNESS PROGRAM, DIET, EXERCISE OR OTHER REGIMEN OR IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION. 3FITT AND ANY CREATORS, DISTRIBUTORS, LICENSORS, OR PRODUCERS OF THE SERVICE DISCLAIM ANY LIABILITY, LOSS OR DAMAGES IN CONNECTION WITH THE INFORMATION PROVIDED WITH THE SERVICE.  3Fitt does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by 3Fitt, 3Fitt employees, others appearing on the Service at the invitation of 3Fitt, or other visitors to the Service is solely at your own risk. You should consult with your physician before following any training instructions you receive through the 3Fitt Service or participating in any event announced on or through the 3Fitt Service. Not all exercises or activities described on the 3Fitt Service are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. We are not responsible for any health problems that may result from training programs, products, or events you learn about through the 3Fitt Service. If you engage in any exercise program you receive or learn about through the 3Fitt Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
  3. PRIVACY AND SECURITY.Our Privacy Policy applies to use of this website and the Service, and its terms are made a part of these Terms of Service by this reference. You may view our Privacy Policy online at http://www.3fitt.com/Privacy.html. Additionally, by using the Service, you acknowledge and agree that the Internet is never completely private or secure. You understand that any message or information, including personal information, you post or transmit to the Service may be read or intercepted by others, even if a particular transmission is encrypted.  You agree that we have no control over or responsibility for the privacy policies or use of your registration information or other personal health information by the entity who provided you access to the Service (which may be your employer, health care provider, or other party), or by others you authorize to receive your information.
  4. ACCEPTABLE USE.As a User, you agree not to use the Service in any manner that damages or is likely to damage our reputation, the availability or integrity of our Service, Users, or others. We will take any action we deem appropriate, including suspending or terminating your access to the Service, to maintain the high quality of our Service and to protect our Users, ourselves and others. By way of example and not limitation, you agree to the following:
    • You may access the Service only for your own personal, non-commercial use. Any other use is prohibited unless agreed to by 3Fitt in writing.
    • You will use the Service in a manner consistent with any and all applicable laws and regulations, and with these Terms of Service.
    • You will not post or upload any information or other content that is false, inaccurate or misleading, obscene or indecent, defamatory, libelous, threatening, abusive, hateful, sexually suggestive, contains pornography, or contains private information of any third party.
    • You will not use the Service to engage in advertising or solicitation to other Users to buy or sell any products or services.
    • You may not authorize others to use your access account.
    • You may not assign or otherwise transfer your access account to any other person or entity.
    • You are responsible for protecting the security of your user name and password, and will not provide any other individual or entity with your login credentials or password.
    • You will abide by our Copyright and Proprietary Information Policy, attached hereto as Exhibit A, at all times.
    • You will not damage, disable, disrupt, impair, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Service, its computer systems, servers, website or networks or interfere with any other party's use and enjoyment of the Service.
    • You will not sell access to or the use of the Service, including any content contained on, downloaded or accessed from the Service, or redistribute any content provided on the Service.
    • You will not use any robot, spider, scraper, or other automated means to access the Service or content for any purpose. You will not post content on the Service that contains any viruses, trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information. You shall not attempt to make the Service unavailable through denial-of-service attacks or similar means.
    • You shall not use any contact information about other Users to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM.
  5. USER GENERATED INFORMATION; THIRD PARTY SITES. We assume no responsibility for the use of any personal information that you may choose to disclose on this website or any content contained in any e-mails, Blogs, social features, or any other public services. We do not monitor or control such services, although we reserve the right to do so. THE ADVICE, RECOMMENDATIONS, INFORMATION, AND CONCLUSIONS POSTED OR EMAILED BY OTHERS AT THE SERVICE OR WEBSITE, INCLUDING COACHES OR OTHER PARTICIPANTS, ARE NOT IN ANY WAY VETTED, APPROVED OR ENDORSED BY CUSTOMER OR 3FITT, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK. This Service may contain links to other websites that are independent of the Service. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked websites. Furthermore, the links may lead to websites that contain offensive or objectionable content or contain computer viruses. You assume, and we hereby disclaim, all responsibility of any of the content on third party sites or for any damage sustained by users of these websites. 3Fitt does not endorse the opinions of third parties expressed on this Service or on linked websites.
  6. INDEMNITY BY USER.To the extent permitted by law, and except for your use of the Services in accordance with the Acceptable Use provision described in Paragraph 4 above, you agree to defend, indemnify and hold harmless 3Fitt, its officers, directors, employees, agents, franchisees, licensors and third parties, and other Users, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) relating to or arising out of (i) any unauthorized activity related to the use of the Service by you or any other person accessing the Service using your access account or password, (ii) the violation of any term of these Terms of Service by you or any other person accessing the Service using your access account or password; (iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the Service using your access account or password. 3Fitt reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
  7. SERVICE AVAILABILITY.We take steps to ensure that the Service is available to all Users; however, we do not warrant that the Service will be continuously available, or that your use of the Service will be uninterrupted or error-free.
  8. CHANGE TO SERVICE. 3Fitt may change or discontinue, temporarily or permanently, any feature or component of the 3Fitt Service at any time without further notice. You agree that 3Fitt shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the 3Fitt Service.
  9. DISCLAIMER OF WARRANTY. 3FITT PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH 3FITT OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE AND INFORMATION ON THIS WEBSITE. 3FITT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
  10. LIMITATION OF LIABILITY. IN NO EVENT WILL 3FITT, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF 3FITT OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 3FITT'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 3FITT FOR THE SERVICE. IN ADDITION, 3FITT DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS) OF THE SERVICE.
  11. You acknowledge and agree that 3Fitt may suspend, modify or terminate your access to and use of the Service at any time, with or without cause, in 3Fitt's absolute discretion and without notice, including for any breach of this Agreement. The following paragraphs of this Agreement shall survive termination of your use or access to the 3Fitt Service: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms or nature is intended to survive termination of your use of or access to the 3Fitt Service.
  12. COMPLIANCE WITH COPPA. The Service is not directed at children under the age of 13. 3Fitt complies with the Children's Online Privacy Protection Act and does not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age.
  13. With respect to U.S. Users, these Terms of Service shall be governed by the State of Iowa law and controlling United States federal law, without regard to the choice or conflicts of law provisions, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service or the Service and content shall be subject to the exclusive jurisdiction of the state and federal courts located in Dubuque, Iowa. With respect to Non-U.S. Users, these Terms of Service shall be governed by the laws of the United States and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services and content shall be subject to the exclusive jurisdiction of the courts of the United States. These Terms of Service contain the entire agreement between you and 3Fitt regarding the use of the Service or this website. We may modify these Terms of Service at any time by posting revised Terms of Service on our website and your continuing use of such website and the Service constitutes your agreement to be bound by such modified Terms of Service. Any provision of these Terms of Service which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Service in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Service. The unenforceability of any provision in a given jurisdictions shall not make that provision unenforceable in any other jurisdiction.  English is the only language applicable to these Terms of Service.  3Fitt may assign these Terms of Service at any time to a subsidiary or parent organization or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement.

For any questions or comments, or to report a violation of these Terms of Service, please e-mail us at [email protected], or contact us at 3Fitt, Inc., 2705 Tapestry Drive, Okemos, MI 48864.

Last Updated 1-1-2015

EXHIBIT A

COPYRIGHT AND PROPRIETARY INFORMATION POLICY

  1. 3FITT PROPRIETARY INTERESTS AND RIGHTS. 3Fitt owns and retains proprietary rights in the Services. The Service contains copyrighted material, trademarks and other proprietary information of 3Fitt and its licensors. Except for information that is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
  2. COPYRIGHTED INFORMATION POSTED BY USERS. Other Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information that is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

        By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to 3Fitt and our licensors an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of or incorporate into other works such information and content, and to grant and authorize unlimited sublicenses.

        You grant to 3Fitt and our licensors a worldwide, perpetual, irrevocable, transferable, royalty-free license to use and incorporate into the Service and 3Fitt content any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the Service and 3Fitt content.

  1. TERMINATION OF USER PRIVILEGES FOR INFRINGEMENT. 3Fitt will terminate the privileges of any User who uses the Service to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, Users who submit content to the Service or website, whether articles, images, stories, software or other copyrightable material, must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the User that he or she has used the Service as an instrument of unlawful infringement, 3Fitt will terminate the infringing User's rights to use and/or access to this Service. 3Fitt may also in its sole discretion decide to terminate a User's rights to use or access the Service prior to that time if we have a good faith belief that the alleged infringement has occurred.
  2. DMCA COPYRIGHT NOTICE AND TAKEDOWN POLICY. If you are a copyright owner and you believe your work has been copied and used improperly on our Service or website, please contact our copyright compliance officer. Please provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the 3Fitt Service; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. 

        Contact our copyright compliance officer: Copyright Compliance, c/o 3Fitt, Inc., 2705 Tapestry Drive, Okemos, MI 48864