Terms of Use

ATTENTION: PLEASE READ THESE WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS (“TERMS”) VERY CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site

EveryFit (“EveryFit”) authorizes you to view and download the materials at this Web site (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. The entire content of the Site, including any images or text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used, except as provided herein, without the express prior written permission of EveryFit. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited.

All product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of EveryFit, its affiliates, related companies, its licensors, or joint venture partners, unless otherwise noted. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and regulations. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately stop using this Site and destroy any downloaded or printed materials. EveryFit also reserves the right to terminate your authorization to use any services at the Site and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these Terms.

Electronic Communications

By registering with EveryFit, you agree to receive electronic communications from EveryFit. You will have the opportunity to “opt-out” of such communications at any time.

Use of Information and Materials

The information and materials contained in these pages and on the Site are subject to change at any time and from time-to-time. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by the entity providing such products or services and the provision of such products or services is not an obligation of or guaranteed by EveryFit unless EveryFit is identified as the entity providing such products or services. The Site has been designed to provide general information about EveryFit and the products and services provided by EveryFit. EveryFit shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that all access and use of the Site, and any and all content presented on the Site, is at the users own risk.

Links To Other Web Sites

Links to third party Web sites on this Site, if any, are provided solely as a convenience to you. If you use these links, you will leave this Site. EveryFit has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, EveryFit does not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer

NEITHER EVERYFIT NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USER'S ACCESS, USE, OR INABILITY TO USE THIS SITE OR ANY WEB SITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED AT THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

EveryFit does not warrant the accuracy and completeness of the content at this Site. EveryFit may make changes to the materials and services at this Site at any time and from time-to-time with or without notice to you. The materials and services at this Site may be out of date and EveryFit makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs, or services that are not available in your region or country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Applicable Laws

This Site is administered by EveryFit from its offices in Boston and this Site and these Terms (including, without limitation, the validity, construction and performance of duties related to the Terms) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of laws. EveryFit makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.

You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.

Anyone linking to EveryFit's Site must comply with all applicable state, federal, local and international laws. EveryFit regards the use of its registered and unregistered trademarks and service marks in metatags or hidden text as trademark infringement, and treat the use of these terms in page text, metatags, or hidden text for purposes of gaining higher rankings from search engines as unfair competition. Any linking to EveryFit's Site shall portray EveryFit accurately and shall not portray EveryFit, or its products or services, in a false, misleading, derogatory, or offensive manner.

Third Party and Shared Content

EveryFit reserves the right to remove or edit any content submitted to the Site by visitors or third parties. You are solely responsible for any content you upload or display on or through the Site. By posting any content to the Site you (a) grant EveryFit a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised, (b) grant EveryFit the right to use the name that you submit in connection with such content, and (c) grant the other users of the Site a non-exclusive license to reproduce, transmit, display, disclose, perform and otherwise use content posted by you through the functionality of the Site. Content you post to the Site will be considered non-confidential and EveryFit is under no obligation to treat such content as proprietary information. Without limiting the foregoing, EveryFit reserves the right to use the content that you post to the Site, or any portion thereof, as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. While EveryFit does not review the content that you post to the Site regularly, EveryFit reserves the right to remove any content that you post to the Site.

Furthermore, by uploading or submitting material or content to the Site, you represent and warrant that: (1) you have all right, title and interest necessary to post the content to the Site and grant the rights provided above and you have full right and power to enter into and perform under these Terms and you have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms; (2) the content you submit will not infringe upon any third-party's copyright, patent, trademark, trade secret, or any other proprietary rights; and (c) you will not post any content that is harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable or violates any law, regulation, or rule.

If you post shared content in violation of the warranties above, you acknowledge and agree that EveryFit, in its sole and exclusive discretion, may disable your uploading or posting privileges and terminate your account. Notwithstanding, you shall remain responsible for all such content and you acknowledge and agree that you shall indemnify and hold EveryFit harmless from and against any and all damages and losses resulting from your posting of content. While EveryFit does not review the content that you post to the Site regularly, EveryFit reserves the right to remove, in its sole discretion, without notice, any content including content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.

General

EveryFit may revise these Terms at any time and from time-to-time by updating this posting. You should visit this page from time-to-time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Revised: July 2010