Terms and Conditions of Use
4. ELIGIBILITY. By using the Website, or Services, you represent and warrant that you are at least eighteen (18) years old and/or are otherwise of legal capacity, qualified to enter into and form contracts under applicable law.
5. INTELLECTUAL PROPERTY. All rights, title and interest in this platform and all content contained herein, including without limitation, all materials used and displayed on the platform, including all text, software, photographs, graphics, illustrations and artwork, video music, and sound and names, logos, trademarks, and services marks, are the property of SocialFit360, or its affiliates, or licensors and are protected by copyright, trademark, trade-name and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the prior written permission of SocialFit360, or the appropriate affiliate, or licensor. You agree not to scrape, or disaggregate data from the platform by any means whatsoever, for any commercial, marketing, or date compiling, or enhancing purpose.
6. LICENSE. Subject to your compliance with these Terms, SocialFit360 grants you a non-exclusive, non-sub-licensable, revocable, non-transferrable license to use the platform for your personal, non-commercial use. The platform, or any portion of thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the prior written consent of SocialFit360. The platform may include forums, chat rooms, and other user and member created pages which allow users and members to post information, provide feedback to SocialFit360 and interact. You agree not to post, or transmit any fraudulent, or unlawful, harmful, threatening, abusive, harassing, or libelous, or defamatory, vulgar, obscene, profane, hateful, racially, or ethnically, or otherwise objectionable material, of any kind, including, but not limited to, any material which violates, plagiarizes, or infringes the rights of ant third party, including trademark, privacy, or other personal, or proprietary rights, or which encourages conduct that would constitute a criminal offense, constitute hate speech, violate the rights of others, or otherwise violate any applicable local, state, federal, or international law. You agree to only post information that is true and correct in light of your knowledge and you agree to not distribute or otherwise publish any material containing solicitation of funds, or advertising, or solicitation for goods, or services. Except as otherwise set forth herein, this Agreement grants you no rights in, or to, the intellectual property of SocialFit360, or any other party. In the event you breach any provision of this Agreement, your rights under this Section will immediately terminate.
7. REGISTRATION. In connection with your use of the platform, you are required to complete a registration form with respect to which you represent and warrant that all information you provide in connection with the platform will be current, complete and accurate and that you will update and keep current all such information regarding your personal profile, so as to at all times maintain its accuracy and completeness.
8. PROFESSIONAL MEDICAL AND THERAPEUTIC SERVICES AND ADVICE DISCLAIMER. The platform provides and offer fitness, nutritional and health information for educational and informational purposes only. You hereby agree that before using the platform and beginning a new fitness and nutritional program you shall consult your physician, especially if you are at risk for health issues resulting from exercise and changes in your diet. SocialFit360 is not a medical professional and does not provide medical services or render medical advice. You should not rely on any information on the platform, or as a substitute for, professional medical advice, diagnosis, or treatment and the information made available on or through platform should not be relied upon when making medical decisions, or to diagnosis, or treat, a medical, or health condition. As medical and scientific research evolves, the information contained on the platform may not always include the most up to date findings, developments and recommendations with respect to the particular subject matter. If you have any questions, or concerns regarding your health, or if you require medical advice, or services, you should always consult with a medical, or health-care professional. Do not disregard, avoid, or delay obtaining medical or health related advice from your medical, or health-care professional because of anything you may have read on any website, nor should you rely on any information on any website as, or as a substitute for, professional counseling care, including, without limitation, psychotherapy, psychiatry, or other mental health, or rehabilitation diagnosis, treatment, or advice. You realize and agree that your use of the platform does not create a doctor-patient relationship between you and SocialFit360.
9. NUTRITIONAL INFORMATION. SocialFit360’s platform contains nutritional information provided by it. Accordingly, you should not rely on the information provided, but should, always, read product labels, directions and warnings before using, or consuming a product. SocialFit360 does not guarantee, adopt, endorse, accept responsibility for, or reliability of, the accuracy, completeness, or usefulness, of any nutritional information and under no circumstances is responsible for any loss, or damage resulting from your reliance on the same.
10. THIRD PARTY LINKS. SocialFit360’s platform contains links with the websites and resources of third parties and advertisements and offers for products and services, some of whom may have established relationships with SocialFit360 and some of whom may not. SocialFit360 does not review, nor monitor any websites and has no control over their content, which may, or may not, be, or remain, wholly accurate, or the performance of third party websites, neither represents, warrants, nor endorses any third party websites and has no responsibility for the content of the same. The inclusion of any third party link on the Website does not imply, or constitute that SocialFit360 endorses the linked website. Your use of any third party link is at your own risk. Prior to purchasing any third party products or services described on the websites, you are advised to verify pricing, product quality and other information to make an informed purchase. SocialFit360 shall not have any liability arising from your purchase of third party products or services based on information available on the Website and shall not receive, review, or respond to complaints regarding such purchases.
11. USER CONTENT. “User Content” is any content, information, or materials, excluding personal identification information, that you upload, transmit, post, display, or distribute, by means of the platform, whether in connection with your use of the Services, or otherwise, hereby represent and warrant that you own all rights, title and interest in and to the same and grant SocialFit360, its successors and assigns a perpetual, fully paid-up, worldwide, sub-licensable, irrevocable license to copy, distribute, transmit, publicity display reformat and otherwise use your User Content in connection with the platform or any other similar or related business, in any medium now, or hereafter existing, including, without limitation, advertising and publicity. SocialFit360 is under no obligation to and does not monitor the accuracy, or reliability of User Content appearing on the platform but does reserve the right to modify, or remove, any User Content at any time. Any opinions, advice, statements, services, offers, or other information, or User Content expressed or made available by third parties, including other users, are those of the respective author, or distributor and not SocialFit360. SocialFit360 neither endorses, nor is responsible for the accuracy, or reliability of any opinion, advice, statement, or information made on its Website by anyone other than its authorized employees acting in their official capacities.
12. DISCLAIMERS; LIMITATION OF LIABILITY. SocialFit360, for itself and its third party service providers, licensors and suppliers hereby disclaims all warranties whatsoever. The platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law SocialFit360 for itself and its third party service providers, licensors and suppliers expressly disclaims any and all warranties, expressed or implied regarding platform, including but not limited to warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, or that the platform will meet your requirements that the operation of the platform will be un-interrupted or error free. Your use of the platform is at your own risk. Neither SocialFit360, not its third party service providers, licensors and suppliers shall be liable to you or anyone else for any loss, damage, or injury or any direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty, including, without limitation, of good faith, reasonable care, or negligence regardless of the foreseeability of those damages arising out of your access or use of, or your inability to access or use the platform, or any action taken in response to or as a result of any information available on the platform, or any loss or damage to any of your computer or data regardless of whether the damages arise out of breach of contract, tort, or any other legal or equitable theory, form of action, or remedy and agree the maximum liability of SocialFit360, its third party service providers, licensors and suppliers to you, under any and all circumstances is $50.00, agreeing such limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between SocialFit360 and you and that the platform would not be provided without such limitation. You agree and understand that it is your responsibility to back up your data to your personal computer or external storage device and to ensure such backups are secure.
13. INDEMNIFICATION. You agree to defend, indemnify and hold harmless SocialFit360, its directors, officers, employees, agents, representatives, successors and assigns, third party service providers, licensors and suppliers (collectively the “Indemnified Party”, or “Parties”) from and against any and all claims, actions, demands, causes of action of any and all nature whatsoever and all damages, cost and expenses relating thereto, including, without limitation, reasonable attorneys’ fees and costs, arising out of or relating to: (i) Your breach of this Agreement, including, but not limited to any representation or warranty contained in this Agreement; (ii) Your access to or use of the platform; (iii) Your providing to any Indemnified Party information or data; (iv) Your alleged violation, or violation of any foreign, federal state, or local law, rule, or regulation; or, (v) Your alleged violation, or violation of any third party’s copyrights, trademarks, trade-names, or other intellectual, or proprietary property or rights. The Indemnified Party, or Parties shall have the right, but not the obligation, to participate through counsel of their choosing in any defense by you of any indemnified claim as to which you are required to defend, indemnify, or hold harmless the Indemnified Party, or Parties. You may not settle an indemnified claim without the prior written consent of the Indemnified Party, or Parties.
14. TERMINATION. Either SocialFit360, or you may terminate this Agreement at any time, for any or no reason, by providing to the other party written notice of its determination to do so. This Agreement shall automatically terminate in the event of your breach of any representation, warranty or covenant set forth herein. Upon termination all rights and licenses granted to you under this Agreement, including all rights to use the platform are terminated. SocialFit360 reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the platform, including, without limitation, technological barriers. In the event SocialFit360 takes any legal action against you in connection with any suspected, or actual breach of this Agreement SocialFit360 shall be entitled to recover from you as part of such legal action and you agree to pay SocialFit360’s reasonable cost and expenses, including, but not limited to, reasonable attorneys’ fees incurred as a result of such legal action. SocialFit360 shall have no legal obligation or other liability to you or to any third party arising out of or relating to termination of this Agreement.
15. REQUIRED ARBITRATION. You agree that any dispute of any matter whatsoever between SocialFit360 and you arising under or relating to this Agreement, or platform shall be brought by you within ninety (90) days after the occurrence of the event, or condition giving rise to the same and shall be decided by neutral, binding arbitration before the American Arbitration Association in Boston, Massachusetts who shall determine the matter in accordance with the laws of the Commonwealth of Massachusetts. A final judgment or award may be entered by the prevailing party in a Massachusetts court of competent jurisdiction. The arbitrator shall award costs, including, without limitation the fees of the American Arbitration Association and the costs and expenses of the prevailing party, including, but not limited to reasonable attorneys’ fees.
16. RESERVATION OF RIGHTS. SocialFit360 reserves the right, at any time, to modify, suspend, or discontinue, temporarily, or permanently, the platform, or any part thereof, with or without notice and you agree that in any such event SocialFit360 shall not be liable to you for any such action.
17. APPLICABLE LAW. The provisions hereof shall be interpreted and construed in accordance with the laws of the Commonwealth of Massachusetts and any provision hereof determined by a Court of competent jurisdiction to be unenforceable shall not affect the enforceability of the remaining provisions hereof. Any disputes arising in connection herewith are subject to the exclusive jurisdiction of the state and federal Courts of and for the Commonwealth of Massachusetts for purposes of determining any and all claims and disputes arising pursuant hereto, you hereby agreeing to such exclusive jurisdiction and waiving any and all objections to such venue and personal jurisdiction.