FitFiend.com (hereafter also referred to as "We," "Us," or "the Company") is a health and fitness-focused online social networking community (hereafter, the "Site") that allows community members to set up and search profiles, post blogs, comments, discussion topics, and fitness/health/sports related questions. It also provides fitness professionals the opportunity to post relevant information in order for potential clients to search and find them. FitFiend.com provides the platform to facilitate the linking of various aspects of the health and fitness community.
 
Before using the Company's site, you (hereafter "Prospective Member" or "Member") hereby agree to be bound by the following Terms of Use Agreement (the "Agreement"). This is a legally binding Agreement, and any use of FitFiend.com constitutes full agreement with these Terms of Use.
 

• Eligibility - Use of and membership in the FitFiend.com community constitutes that all information submitted upon registration is truthful and accurate. Membership is defined as registering as a User, or otherwise reading content on the Site. Use of the Company's service is void where prohibited. All Prospective Members confirm that they are at least 13 years of age. Member's usage of FitFiend.com does not violate any laws or regulations
  FitFiend.com does not make any guarantees about any results or goals Members may wish to achieve, nor does the Company endorse or hold any liability for any fitness professional or facility that chooses to join the Company's community.
  FitFiend.com encourages and expects all Members to consult with a physician or fitness professional before beginning any program involving physical activity. Member acknowledges that any level of physical activity, from stretching to cardiovascular conditioning to strength training, can result in physical trauma, and in extreme cases, death; Member acknowledges and assumes full risk and liability should any of this occur, absolving FitFiend.com and its site affiliates of any responsibility. Member also assumes all liability should he/she fail to consult with a physician or fitness professional.
• Term - This Agreement is binding and continuous while a Member of FitFiend.com. Members have the right to cancel their account through the Account settings page of the Company site, and We have the right to terminate your membership, at any time and without warning. Even after termination, this Agreement remains valid.
• Fees - While there is no fee to subscribe to our basic service, We reserve the right to introduce premium level features that do require subscription fees.
• Member type selection - Any Member who signs up as a FitPro does so in good faith. FitFiend.com takes no responsibility for the credibility of FitPros. Any Member who uses the services of a FitPro does so at his/her own risk.
• Non-Commercial Use by Members - The FitFiend Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FitFiend.com. Illegal and/or unauthorized use of the FitFiend Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the FitFiend Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the FitFiend Services.
• Use of Proprietary Content on FitFiend.com - All content on the FitFiend.com Site, posted by the Company, including but not limited to design, text, graphics, results, compilations of individual data, other files, and their selection and arrangement is the proprietary property of the Company or its licensors. All worldwide rights reserved.
  FitFiend.com does not claim any ownership to any Member Generated Content, defined as any Content or postings submitted by the User, including but not limited to design, text, graphics, results, compilations of individual data, other files, and their selection and arrangement is the proprietary property. However, by agreeing to this Agreement, Member grants to FitFiend.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the FitFiend.com Services. All worldwide rights reserved.
  The license Member grants to FitFiend.com is fully-paid and royalty-free (meaning that FitFiend.com is not required to pay Member for the use of the FitFiend Services or the Member Content (as defined below) that you post sub-licensable (so that FitFiend.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the FitFiend Services), and worldwide (because the Internet and the Fitfiend Services are global in reach).
• Content Posted - Members are solely responsible for the photos, profiles and other content that you publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to other Members (collectively the "Member Content"). Member understands and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. Members may remove Member Content from the Site at any time.
  By posting Member Content to any part of the Site, Member automatically grants, represents and warrants that Member has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) 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 sublicenses of the foregoing. The Company does not endorse and has no control over the Member Content. Member Content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. The Company makes no warranties, express or implied, as to the Member Content or to the accuracy and reliability of the Member Content or any material or information that you transmit to other Members. Members, however, are encouraged to alert FitFiend to any content they believe may violate this Agreement.
• Prohibited Member Content and Activity - The following is a partial list of the kind of Member Content that is illegal or prohibited to post on or through the FitFiend Online Services. FitFiend.com reserves the right to investigate and take appropriate legal action against anyone who, in FitFiend.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the FitFiend Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Member Content that, in the sole discretion of FitFiend.com:
  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult Site;
  • solicits personal information from anyone under 18;
  • solicits personal information from anyone under 18;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person's consent; or
  • for fitness professional profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Member Content intended to draw traffic to the profile.

  Even though all of the above Member Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Site or the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Although the Company cannot monitor the conduct of its Members off the Site, it is a violation of this Agreement to use any information obtained from the Service or the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and the Company. In order to protect our Members from such conduct, we reserve the right to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole discretion.

• Copyright Policy - Member may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FitFiend.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to FitFiend.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if Member believes that Members work has been copied and posted on the FitFiend Services in a way that constitutes copyright infringement, please provide the Company with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the FitFiend Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FitFiend.com's point of contact for notice of claims of copyright infringement can be reached at admin@fitfiend.com.
• Indemnity. Members agree to indemnify and hold FitFiend.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the FitFiend Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the FitFiend Website or through the FitFiend Services causes FitFiend.com to be liable to another.
• Member Disputes - Members are solely responsible for your interactions with other FitFiend.com Members. FitFiend.com reserves the right, but has no obligation, to monitor disputes between you and other Members. This includes any disputes that may arise between those Members who designate themselves as Fitness Professionals on the site and other Members who may choose to become their clients.
• Events - FitFiend.com does not post or take responsibility for any postings in the Events section of the Site. These events are assumed to take place away from the FitFiend space, and therefore, the Company assumes no liability for anything that may occur during these events.
• Privacy - Use of the FitFiend Services is also governed by our Privacy Policy (as found on the Site), which is incorporated into this Agreement by this reference.
• Disclaimers - FitFiend.com is not responsible for any incorrect or inaccurate Member Content posted on the FitFiend Website or in connection with the FitFiend Services, whether caused by Members of the FitFiend Services or by any of the equipment or programming associated with or utilized in the FitFiend Services. Profiles created and posted by Members on the FitFiend Website may contain links to other websites. FitFiend.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by FitFiend.com. Inclusion of any linked website on the FitFiend Services does not imply approval or endorsement of the linked website by FitFiend.com. When you access these third-party sites, you do so at your own risk. FitFiend.com takes no responsibility for third party advertisements which are posted on this FitFiend Website or through the FitFiend Services, nor does it take any responsibility for the goods or services provided by its advertisers. FitFiend.com is not responsible for the conduct, whether online or offline, of any Member of the FitFiend Services. FitFiend.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member communication. FitFiend.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the FitFiend Services or combination thereof, including any injury or damage to Members or to any person's computer related to or resulting from participation or downloading materials in connection with the FitFiend Services. Under no circumstances shall FitFiend.com be responsible for any loss or damage, including personal injury or death, resulting from use of the FitFiend Services, attendance at a FitFiend.com event, from any Content posted on or through the FitFiend Services, or from the conduct of any Members of the FitFiend Services, whether online or offline. The FitFiend Services are provided "AS-IS" and as available and FitFiend.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FitFiend.com cannot guarantee and does not promise any specific results from use of the FitFiend Services.
• Limitation on Liability - In no event shall FitFiend.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from your use of the services, even if FitFiend.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FitFiend.com's liability to Members 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 FitFiend.com for the FitFiend Services during the term of the Membership.
• Changes - From time to time, We may make changes to this Agreement. It is up to the Member to keep up to date on any such changes. Continued use of the site constitutes acceptance of any changes to this Agreement.
• Other. This Agreement is accepted upon your use of the FitFiend Site or any of the FitFiend Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and FitFiend.com regarding the use of the FitFiend Services. The failure of FitFiend.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. FitFiend.com is a trademark of Pandamonium, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 
Please contact us at: admin@fitfiend.com with any questions regarding this Agreement.