PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, uploading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document ("Terms of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between FITISTICS.COM and you.

FITISTICS.COM reserves the right, at FITISTICS.COM sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

All materials contained in the website are the copyrighted property of FITISTICS.COM, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to FITISTICS.COM, or its subsidiaries or affiliated companies and/or third-part licensors.

Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the written permission from FITISTICS.COM. FITISTICS.COM respects your desire for privacy. FITISTICS.COM’s Privacy Policy can be found at www.fitistics.com/privacy.asp. By using the website, you are consenting to the processing of your data by FITISTICS.COM and consenting to the terms of our Privacy Policy.

Any software that is made available to download from the website ("Software") is the copyrighted work of FITISTICS.COM and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"), or as expressly stated on the website pages accompanying the software. An end user will be unable to download or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Absent a License Agreement that accompanies the Software, use of the Software will be governed by the Terms of Use.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FITISTICS.COM. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, FITISTICS.COM MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS MATERIALS OR SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. FITISTICS.COM DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU SHALL RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN FITISTICS.COM SOFTWARE PRODUCTS.

Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as reports, graphs, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, and e) you agree that FITISTICS.COM may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from FITISTICS.COM . Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by FITISTICS.COM.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FITISTICS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND FITISTICS.COM HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, FITISTICS.COM DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL FITISTICS.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FITISTICS.COM ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.

FITISTICS.COM MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.

THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO FITISTICS.COM PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT FITISTICS.COM INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL FITISTICS.COM BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.

THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF FITISTICS.COM AND FITISTICS.COM IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FITISTICS.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. FITISTICS.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT FITISTICS.COM ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.

You must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FITISTICS.COM immediately of any unauthorized use of your account or any other breach of security via phone, registered mail or email. FITISTICS.COM will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FITISTICS.COM or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to FITISTICS.COM’s display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or FITISTICS.COM has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, FITISTICS.COM may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment that you incur in order to use the services.

As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any FITISTICS.COM server, or the network(s) connected to any FITISTICS.COM server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, file directories, materials, other accounts, computer systems or networks connected to any FITISTICS.COM server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:

• Use the Communication Services or the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
• Use any FITISTICS.COM domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
• Transmit unsolicited or bulk communications to any FITISTICS.COM account holder or to any FITISTICS.COM .net or affiliated email address (regardless of whether you use the website to transmit any such communication).
• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

FITISTICS.COM has no obligation to monitor the Communication Services. However, FITISTICS.COM reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. FITISTICS.COM reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. FITISTICS.COM reserves the right at all times to disclose any information as FITISTICS.COM deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FITISTICS.COM 's sole discretion.

Cancellation Policy
You are responsible for all associated renewal fees relating to your FITISTICS.COM account until you elect to cancel your subscription to FITISTICS.COM through your FITISTICS.COM account. To cancel your subscription, please log in with your username and password. Go to your "Profile" and click on the "cancel your subscription" link. In the event you wish to cancel your subscription, you must initiate the cancellation process through your FITISTICS.COM account. Cancellations are not retroactive therefore if a member cancels after their membership month has begun, the member will not be entitled to a refund for that membership month. Cancellations do not become effective until the starting date of the member's next membership month. A membership month begins on the calendar date when a member subscribes to FITISTICS.COM and concludes on the day before that calendar date the following month. BY ACCESSING OR USING ANY PART OF FITISTICS.COM, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER USAGE AGREEMENT (THE "AGREEMENT"). IF YOU VISIT FITISTICS.COM OR REGISTER FOR A FITISTICS.COM ACCOUNT, YOU EXPRESSLY ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU DO NOT HAVE OUR AUTHORIZATION TO ANY OF THE SERVICES; AND YOU MAY NOT ACCESS OR USE ANY PORTION OF FITISTICS.COM. FITISTICS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF FITISTICS.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

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