Welcome to our Web site. By using our site, you are agreeing to comply with and be
bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms,
you should not use this site. The term “MyFitnessJournal.com” or “us” or “we” or “our” refers to MyFitnessJournal.com,
the owner of the Web site. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect
to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Changes to This Agreement.
We may modify this Agreement and Privacy Policy at any time. You agree to assume all responsibility in
reviewing this Agreement periodically so that you will be apprised of any changes.
Your continued use of MyFitnessJournal.com after we post or notify you about changes to these terms,
is signifying your acceptance of the new terms.
3. Fees and Payment.
You agree to pay the applicable fees and charges for any purchases that you make from us.
All charges are nonrefundable unless provided otherwise by us. We may limit the number of
promotions for which you may be eligible in a given period. You must select a payment method to
pay us for any subscription fees and all purchases made from us. You agree to pay us for all charges incurred under your account, including
all applicable taxes, fees and surcharges. You authorize us to charge your designated payment
method for these charges and to retain information about the payment method associated with
your account. If we do not receive payment from your designated payment method, you agree to pay
all amounts due upon demand by us. Every time you make a purchase or use MyFitnessJournal.com, you reaffirm
that (i) we are authorized to charge your designated payment method;
(ii) we may submit charges incurred under your Account for payment; and
(iii) you will be responsible for such charges, even if your membership is canceled or terminated.
You are responsible for all charges incurred under your account made by you or
anyone who uses your account (including your children, family or friends).
4. Refund Policy.
Any yearly service fees will be charged in advance and are not refundable.
We will automatically charge your payment method for your yearly service charges,
and any applicable fees and taxes, after the last day of the billing period.
After 30 days from the date of any unpaid charges, your account will be deemed delinquent
and we may terminate or suspend your account for nonpayment.
5. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below,
is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site does not constitute a waiver of any right
in such information and materials. Some of the content on the site is the copyrighted work of third parties.
6. Service Marks.
"MyFitnessJournal.com", “MyFitnessJournal.net” and others are our service marks
or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks
of their respective owners.
7. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access
and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.
8. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by
Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available
in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom;
(b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage
and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;
(f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of
gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email,
facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof,
or any software available on or through the Site, in violation of the export control laws or regulations of the
United States.
9. This site does not provide medical advice or recommendations.
Information contained on or made available through the Site is not intended to and
does not constitute medical diagnoses or advice. We do not warrant or guarantee the accurateness, completeness,
adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site
or materials linked to the Site is entirely at your own risk. Statements on the Site have not been evaluated by
The Food and Drug Administration. The content of the Site and any forums are for informational purposes only.
The content of the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
10. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure,
by framing or otherwise, advertisements, the copyright notice, or other notices on the Site,
(b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing
links to the Site immediately upon request by us.
11. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.
We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
12. Registration.
Use of this site requires registration. You agree to provide us with accurate,
complete registration information. Your registration must be done using your real name and accurate information.
Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit
(a) any other person using the registered sections under your name; or (b) access through a single name being made
available to multiple users on a network. You are responsible for preventing such unauthorized use.
You must be 18 years or older to use this Service. You must be a human. Accounts registered by “bots” or other
automated methods are not permitted.
13. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or
other harmful components, or that defects will be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to
the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit
or delete any documents, information or other content appearing on the Site. We do not warrant that any electronic
calculations made on the Site will be reliable or accurate. We do not warrant that any nutritional information
displayed on the Site will be error-free or accurate.
14. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site.
We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of
content on the Site. You understand that the information and opinions in the third party content represent solely
the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
15. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement
and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to
law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses
and traffic information.
16. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents,
attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
17. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given
to you to obtain information or documents is not transferable or assignable.
18. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
19. Limitation of Liability.
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability,
or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or
products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof,
(c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond
the control of a Covered Party.
20. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy
Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a
"Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will
not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our future products, services or operations. Without
limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind
and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Submission. You acknowledge that you are responsible
for whatever material you submit, and you, not us, have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
21. Third-Party Services.
We may allow access to or advertise certain third-party product or
service providers ("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between you and Merchants. You agree
that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
22. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations or commitments on behalf of the other.
23. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a
part of this Agreement. You must review this Privacy Policy.
24. Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including any applicable taxes.
25. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so at your own risk.
26. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to
do the same. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. 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
f. 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at customerservice@myfitnessjournal.com
27. Information and Press Releases.
The Site contains information and press releases about us.
We disclaim any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
28. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the Site and the Content and
Materials provided therein.
29. Content Restrictions.
The following content is not allowed in any areas of the Site
including public forums:
Racism, Hatred, Harassment, Adult content, Obscene material, Nudity or pornography
Material that infringes intellectual property or other proprietary rights of any party
Piracy, hacking, viruses, worms, or warez
Any illegal content
Any link to or any image from a site containing any material outlined in these restrictions
Any material deemed offensive or inappropriate by MyFitnessJournal.com, in its sole discretion,
may be removed without prior notice
30. Email Permission.
By registering for an account on The Site you give permission for administrators to send you
email updates about MyFitnessJournal.com enhancements or news. Registration means you have Opted-In to
the basic MyFitnessJournal.com newsletter which can be sent to your email address when important site
messages need to be announced.
31. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in the State of Connecticut, and shall be governed by and construed in accordance
with the laws of the State of Connecticut (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions shall be subject to the limitations
set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as
to its fair meaning and not strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in our sole discretion to a
third party in the event of an acquisition, sale or merger. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect. To the extent that
anything in or associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination of this Agreement.