Welcome to Fitnessator, a website dedicated to providing you with science-backed information about fitness, training, and nutrition. The following terms (the “Terms and Conditions”) govern your use of Fitnessator.com (hereinafter referred to as the “Website”). The terms “we” “our” and “us” refer to the ownership team of Fitnessator. When these Terms and Conditions says the word “You” it refers to you, the reader or viewer or user of this Website.
- User Agreement
- Your Responsibilities
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Website. This site is not targeted to nor meant for anyone who has not reached 18 years of age. If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the Terms and Conditions in your name and on your behalf.
As a user of the Website you are solely responsible for maintaining the confidentiality of your account and password. You are solely responsible for restricting access to your computer, and as such you agree to accept responsibility for all activities that occur under your account or password. You are prohibited from transferring or assigning your account to another person or entity.
You agree and acknowledge that the Website has no responsibility for any third-party access to your account which results from misappropriation or theft of your account. The Website reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
- Intellectual Property
Fitnessator.com is the sole owner of all content on its Website, included but not limited to photos, images, text, graphics, logos, software, audio, video, and any compilations thereof, which are protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to the Website. You are prohibited from using any of Fitnessator’s content for any purpose including, but not limited to, use as metatags on other pages or Websites. You may not modify, copy, display, transmit, publish, sell distribute, license, or create derivative work, or use any content on the Website for commercial or public purposes.
As a user of the Website, you are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms and Conditions. Your use of the Website is subject to the following restrictions:
- You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
- You may not use the Website in any manner which could damage, disable, overburden, impair, or interfere with any other party’s use and enjoyment of the Website.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
- You will not acquire any ownership or copyright in any of the content on the Website and the Website does not grant you any express or implied licenses to the intellectual property or our licensors except as expressly authorized by these Terms and Conditions.
- Limitation of Liability
In no event shall Fitnessator.com, nor its owners, officers, directors, agents, contractors, and employees, be liable to you or any third party under contract, in tort, strict liability, negligence, or any other legal or equitable theory, for any loss or damages for anything arising out of or in any way connected to your use of the Website. Fitnessator.com and its owners, officers, directors, agents, contractors, and employees, shall not be responsible or liable to you for any indirect, consequential, punitive, direct, or special liability arising out of or in any way related to your use of the Website.
Fitnessator.com and its owners, officers, directors, contractors, and employees will not be held liable for anything arising out of or in connection with your use of the Website. Fitnessator.com, including its owners, officers, directors, contractors and employees, shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Site or any website that this Site links to.
You agree to indemnify, defend and hold harmless the Website, its owners, officers, directors, employees, agents, contractors and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Website, anything you post to the Website, your violation of any terms of the Terms and Conditions, or your violation of any rights of a third party. The Website reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Website’s defenses.
- Links to Third-Party Sites
Fitnessator.com contains links to outside, third-party websites. The third-party websites have no relationship to this Site and this Site does not have control over the policies of the sites we link to. We do not make any representations and warranties, express or implied, regarding the content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by us with respect to any third party, any third-party’s website, the content of any third-party’s website, or any products or services provided by a third party.
Fitnessator.com urges you to exercise caution in relying upon, using, or retrieving information found on Linked Third-Party Sites. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by your reliance on information obtained through the Site or a Third Party Site, or your reliance on any product or service obtained from a Linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- Content Provided AS IS
Unless otherwise specifically stated, all content, products and services on the Site, or obtained from a Linked Third-Party Site are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
- Availability, Errors and Inaccuracies
This Website may or may not be frequently updated. The information found on the Website may contain errors or inaccuracies and may not be complete or current. This Site does not guarantee the accuracy or completeness of any information found on the Website. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
If any clause in these Terms and Conditions are declared invalid or unenforceable by a court or other arbiter, such provision is deleted and the remaining provisions will be fully enforceable.
- Governing Law and Jurisdiction
The Terms and Conditions are interpreted in accordance with the laws of STATE, COUNTRY, and you agree to be bound to the non-exclusive jurisdiction of the state and federal courts of State, Country.
- No Waiver
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Website.
- Arbitration Agreement
ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE TERMS AND CONDITIONS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the Terms and Conditions.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
- Changes to Terms and Conditions
Fitnessator.com has the sole discretion to change the Terms and Conditions. An updated version of the Terms and Conditions will be posted to the Website. The most current version of the Terms and Conditions supersedes all other versions.
If you wish to terminate your account, you may contact us at firstname.lastname@example.org.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.