Terms and Conditions

Welcome to www.fitterest.com (the “Site”) operated by Fitterest LLC (the “Company”).  If you visit, use a service or make a purchase at the Site you agree to abide by these Terms and Conditions when you use the Site. The Company reserves the right to revise these Terms and Conditions from time to time without notice to you.  Your continued use of the Site constitutes your agreement to comply with such revisions in service terms.

Intellectual Property

This website and any related website or forum hosted on any platform by the Company include materials protected by U.S. and international intellectual property and copyright laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. These materials are owned by the Company, or are used by the Company with permission from their owners. You may view, download, print, email and use materials from the Site for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute, post materials from the Company on any other website or social media, or otherwise use any material from the Company for commercial purposes. Any reproduction or unauthorized use of any materials found on the Site shall constitute infringement.

Restrictions on Use

You may not use the Site for anything other than the lawful and legitimate purpose.  You agree not to use the Site to:

  • promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability

  • copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse or any malicious software

  • carry out any unauthorized alteration of any data or information on or supplied by another user of the Site

  • transmit, send or deliver unsolicited communications or for other marketing or advertising purposes, including junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind

  • conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity

  • systematically or automatically collecting data from the Site

  • restrict or inhibit any other user from using and enjoying any service conducted on the Site

The Company may, without notice, refuse access to the Site (in whole or in part) to any person that fails to comply with these terms or for any other reason in its sole discretion.  

Website Usage

If you submit, comment or post any materials (such as photos, videos or written content) to the Site, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; that the use of the content you supply does not violate any rights and will not cause injury to any person or entity; (3) you grant the Company a perpetual, royalty-free, irrevocable worldwide non-exclusive license and fully sub-licensable right to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant the Company a perpetual, royalty-free, irrevocable worldwide non-exclusive license and fully sub-licensable license to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. The Company does not claim any ownership rights in your materials.

 Please choose carefully the materials that you upload to, submit to, or embed on the Site. Any material you post on the Site becomes public. You are responsible for your material and for any liability that may result from the material you post on the Site. You participate, comment, and post material on the Site at your own risk. Any communication by you on the Site, whether by leaving a comment or participating in a chat room, message board, public forum, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

 The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Site. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Site. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Site.

 Disclaimer and Liability Limitations

The Site provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on the Site prevents, cures or treats any mental or medical condition. Any statements and opinions appearing on the Site are those of authors, and the Company assumes no responsibility for such statements and opinions. Neither the Company nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Please consult a physician or health care professional before using any of the general information that you find on the Site.  You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. The Company disclaims any liability for your reliance on any opinions or advice contained on the Site.

Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

The Company is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, the Company makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will the Company, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.

Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and or/use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.

Indemnification

You agree to indemnify and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Site in violation of these Terms and Conditions, (ii) any breach by you of these Terms and Conditions or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Site, (iv) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Applicable Laws

The Company operates the Site and is based in the United States.  If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations in your specific jurisdiction.

Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in Los Angeles, California and any and all actions brought in connection with the Site or Site content shall be submitted to binding arbitration conducted in accordance with the rules of conciliation and arbitration of the American Arbitration Association. The parties hereby consent to the arbitration being held in Los Angeles, California, County of Los Angeles, State of California.

Privacy

Your use of the Site constitutes your consent to the privacy policy posted on the Site which is updated from time to time.