The Fitnesity

TERMS OF USE

THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH THEFITNESITY.COM OFFERS YOU ACCESS TO ITS SERVICES. You must be at least 13 years old to become a THEFITNESITY.COM member and/or use any THEFITNESITY.COM services. In addition, before you can become a THEFITNESITY.COM member and/or use the THEFITNESITY.COM Web site if you are between the ages of 13 and 17, inclusive, you must obtain permission from your parent or guardian.

If you want to become a THEFITNESITY.COM member, please review this Terms of Service Agreement. By registering to become a THEFITNESITY.COM member, clicking on the "I Agree" button and/or otherwise using the THEFITNESITY.COM Web site you agree to the terms, conditions, notices and guidelines contained in this Terms of Service Agreement and, where applicable, you represent that you have obtained permission from your parent or guardian.

Please be advised that we may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall be automatically effective immediately after they are initially posted on our site.

1. DESCRIPTION OF SERVICE

THEFITNESITY.COM provides a variety of free and paying online services including but not limited to fitness counselling and online portfolios of Fitness Trainers, Coaches, Supplement shops accessible through various URL's including but not limited to https://THEFITNESITY.COM and its affiliate social media pages & sites. These services are usable by all registered users and may be viewed by non-registered users, with the exception of the paying services that are limited to paying members only but may be viewed by non-registered users.

THEFITNESITY.COM is not a Talent Agency. THEFITNESITY.COM does not represent you or its members as an agent, manager or otherwise. By paying the applicable membership fee, you are paying for the right to post your online Portfolio on THEFITNESITY.COM and access various THEFITNESITY.COM paying member-only services. Your THEFITNESITY.COM portfolio may be seen by all the members and users who use THEFITNESITY.COM's services. THEFITNESITY.COM members are not charged any commission or fee related to their employment received from registered users/members and non-registered users/members through THEFITNESITY.COM. THEFITNESITY.COM does not offer services directly related to any member's future employment, and THEFITNESITY.COM does not take any commissions or other fees from its members in connection with any employment a member might obtain. Accordingly, you are responsible for the applicable membership fee regardless of whether or not you secure work and/or are contacted by a member/user.

2. REGISTRATION OBLIGATIONS

By using any of THEFITNESITY.COM's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. THEFITNESITY.COM has the right to suspend or terminate your account if you violate the above or THEFITNESITY.COM has reason to believe that you have violated the above.

3. AGE REQUIREMENT

THEFITNESITY.COM does not permit children under the age of 13 to become members, post any content or make use of online portfolios or any other members services without their parents permission. In addition, before you can become a THEFITNESITY.COM member and/or use the THEFITNESITY.COM Web site if you are between the ages of 13 and 17, inclusive, you must obtain permission from your parent or guardian.

4. MEMBER PRIVACY

It is THEFITNESITY.COM's policy to respect the privacy of its members. THEFITNESITY.COM will not monitor, edit, or disclose any personal information about you or your THEFITNESITY.COM account, including its contents, without your prior permission unless THEFITNESITY.COM has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend the rights of THEFITNESITY.COM; 3) enforce the Terms of Service TOS; or 4) act to protect the interest of its members or others. THEFITNESITY.COM does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. However, you agree that THEFITNESITY.COM may access your account, including its contents, as stated above or to respond to service or technical issues.

5. MEMBER CONDUCT

You understand and are aware that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinafter "content"), whether publicly posted or privately transmitted are the sole responsibility of the person from which such content originated. This means that you, and not THEFITNESITY.COM, are entirely responsible for all content that you upload, post, or otherwise transmit via any of THEFITNESITY.COM's services. THEFITNESITY.COM does not control the content posted on its services and therefore does not guarantee its accuracy, integrity or quality. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. The opinions and views expressed by THEFITNESITY.COM's members or visitors do not necessarily represent those of THEFITNESITY.COM.

THEFITNESITY.COM reserves the right to modify or remove anything submitted to its service and to cancel any free membership, at any time, for any reason and without prior notice. In addition, THEFITNESITY.COM, in its sole discretion, may terminate your account including accounts of paying members, or block your access to certain member features including but not limited to the member forums, for violation of the letter or spirit of the TOS and/or for violation of the forum rules posted in the member forums.

You agree to notify THEFITNESITY.COM immediately of any unauthorized use of your account or any other breach of security.

The following is a non-exclusive list of actions and content that are prohibited on THEFITNESITY.COM's site:

Any use of copyrighted, trademarked, patented, or otherwise service marked material without the express permission of the author or owner, the commission of any acts of copyright , trademark or any other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition includes all forms of software piracy;
Uploading, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. This also includes content that promotes illegal activity in any way. THEFITNESITY.COM reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities;
The harming of minors in any way;
The manipulation of identifiers in any way in order to disguise the origin of any content transmitted through THEFITNESITY.COM's services or develop restricted or password-only access pages, or hidden pages or images;
The uploading, posting or transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
The collection or storage of personal data about other users;
Impersonating any person or entity, including but not limited to, a THEFITNESITY.COM official, forum leader, guide or host, or misrepresentation of your affiliation with a person or entity;
Uploading, posting or otherwise transmitting any content that you do not have the right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Uploading, posting or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail", "SPAM", "chain letters", pyramid schemes", or any other form of solicitation;
Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;
Using your THEFITNESITY.COM portfolio, or any other area of THEFITNESITY.COM under your control as storage for remote loading or as a door or signpost to another home page, whether inside or beyond THEFITNESITY.COM and its affiliates;
Having multiple THEFITNESITY.COM portfolios with different names or inaccurate or inconsistent information; posting any incomplete, false or inaccurate portfolio information or information which is not your own accurate portfolio.
The selling or placement of advertising on your THEFITNESITY.COM home page or portfolio page to anyone or any commercial third party;
Using the THEFITNESITY.COM forums, email or any other means, except if explicitly authorized in writing by THEFITNESITY.COM, to contact THEFITNESITY.COM members for talent placement services, any other form of recruitment, agent services or job placement offer; offering any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
Taking any action which imposes an unreasonable or disproportionately large load on the THEFITNESITY.COM Web Site's infrastructure;
If you have a password allowing access to a non-public area of the THEFITNESITY.COM Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the THEFITNESITY.COM Web Site other than the search engine and search agents available from THEFITNESITY.COM on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); or
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the THEFITNESITY.COM Web Site.

6. CONTENT SUBMITTED TO THEFITNESITY.COM

THEFITNESITY.COM does not claim ownership of the Content you place on your THEFITNESITY.COM Portfolio or in other sections of the THEFITNESITY.COM Site. By submitting Content to THEFITNESITY.COM for inclusion on your THEFITNESITY.COM Portfolio or in other sections of the THEFITNESITY.COM Site, you grant THEFITNESITY.COM the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your THEFITNESITY.COM Portfolio and/or the THEFITNESITY.COM section your portfolio is listed in and/or your content on THEFITNESITY.COM's Internet properties. This license exists for as long as you continue to be a THEFITNESITY.COM member and shall be terminated when you request from us by email that your content be removed and you have received confirmation from THEFITNESITY.COM of the removal of your content. You also represent that you have full power and authority to comply with this Terms of Service Agreement without violating the rights of others and agree that your use of THEFITNESITY.COM and its services will comply with this Terms of Service Agreement without violating the rights of others.

7. CHARGES AND BILLING

At registration time and until you receive notice from THEFITNESITY.COM of any changes to its fees or billing methods, you will be subject to the fees and billing methods set forth for the membership subscription type you select during the online registration process and/or in the materials presented to you in connection with any offline registration process and/or set forth in this Terms of Service Agreement. THEFITNESITY.COM reserves the right to change its fees or billing methods at any time, in case THEFITNESITY.COM changes its fees or billing methods notice will be provided at least thirty (30) days in advance by email and/or by posting a notice on the THEFITNESITY.COM Web site. Changes to THEFITNESITY.COM fees or billing methods will not adversely affect you during the current term of your membership for services you have already paid for. You are also responsible and liable for any fees, including attorney and collection fees that THEFITNESITY.COM may incur in its effort to collect any remaining or unpaid balances from you.

You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children, other members, or your family or friends.

You also agree that you will be billed for an will pay any outstanding balances if you cancel your membership or your membership is terminated. You should let THEFITNESITY.COM know about any billing problems or discrepancies within sixty (60) days after they first appear on your account statement. If you do not bring such problems to THEFITNESITY.COM's attention within sixty (60) days, you agree that you waive your right to dispute any outstanding balance or payment.

In addition, items other than subscription fees may be subject to charges, fees, and/or payment terms other than as described herein; such charges, fees, or other terms will, however, be described in connection with the product, service, or other offerings to which such charges, fees, and/or terms relate.

You can update or correct your contact and billing information at any time. Just as you want to make sure that information THEFITNESITY.COM has about you is accurate, we want to keep only the most up-to-date information about your account.

8. NO SPAM:DAMAGES

THEFITNESITY.COM will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay THEFITNESITY.COM liquidated damages of INR. 1000 for each piece of spam addressed to any individual recipient or unsolicited bulk email transmitted from or otherwise connected with your THEFITNESITY.COM account, or THEFITNESITY.COM's actual damages, whichever is greater.

9. SPECIAL WARNINGS FOR INTERNATIONAL USE

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

10. INDEMNIFICATION

You agree to indemnify and hold THEFITNESITY.COM, and its parents, subsidiaries, affiliates, officers, other partners, and employees, harmless from any claim, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, unprofessional and unethical conduct of any registered member or non-registered user, your violation of the Terms of Service, or your violation of any rights of another.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the service, use of the service or access to the service.

12. STORAGE

THEFITNESITY.COM does not currently offer any email services to its members. THEFITNESITY.COM reserves the right to amend or modify this provision in the future.

13. NO GUARANTEE OF SERVICE

THEFITNESITY.COM provides its services on a commercially reasonable basis and does not guarantee that members and/or users will be able to access or use the services at times or locations of their choosing. Specifically, THEFITNESITY.COM reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that THEFITNESITY.COM should not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

14. ADVERTISEMENTS AND PROMOTIONS

THEFITNESITY.COM runs advertisements and promotions on THEFITNESITY.COM sites. By creating your THEFITNESITY.COM account, you agree that THEFITNESITY.COM has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that THEFITNESITY.COM should not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

15. LINKS

Links to the World Wide Web and other resources may be available through THEFITNESITY.COM's services. Because THEFITNESITY.COM has no control over such sites and resources, you acknowledge and agree that THEFITNESITY.COM is not responsible for the availability of these resources and does not endorse any of the content, products, advertising or any other materials on or available from such sites or resources. Accordingly, you acknowledge that THEFITNESITY.COM is not liable for any loss or damage which occurs as a result of using or relying on the content, goods and services found on these other sites.

16. DISCLAIMER OF WARRANTIES

The member agrees that the use of this site is entirely at the member's own risk. The site is provided on an "as is" basis, without warranties of any kind. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. THEFITNESITY.COM also disclaims any warranties for the security, reliability, timeliness and performance of the site to the fullest extent permitted by law. Thefitnesity.com disclaims any warranties for other services or goods received through or advertised on the site, as well as for any information or advice received through the site or through any links provided in the site. Neither THEFITNESITY.COM nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the site.
THEFITNESITY.COM makes no implied or express representations or warranties about the reliability, or accesssibility of the member pages or the associated storage facilities. Thefitnesity.com is not responsible for any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages; individual members are responsible for monitoring and creating backups of their pages.

17. LIMITATION OF LIAIBILITY

Under no circumstances shall THEFITNESITY.COM be liable to any user on account of that user's use or misuse of the site or reliance on the site. THEFITNESITY.COM does not guarantee the legitimacy or identity of any user, including any professional member, or of any information or advice provided on THEFITNESITY.COM, including any information or content provided by professional members or another third party. Thefitnesity.com does not guarantee that any users or members, including professional members, will use the THEFITNESITY.COM website properly or in compliance with the terms and conditions applicable to them. THEFITNESITY.COM does not guarantee that any member will successfully obtain a contract, employment or sponsorship of any kind as a result of membership in or use of THEFITNESITY.COM. Your sole and exclusive remedy for any dispute with THEFITNESITY.COM is the cancellation of your account as detailed below in section 18 or the termination of your use of THEFITNESITY.COM. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, punitive and exemplary damages (even if THEFITNESITY.COM has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from the use or misuse of the site or reliance on the site, from inability to use the site or from the interruption, suspension, or termination of the site or services offered on the site (including such damages incurred by third parties). Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the site or received through any links provided on the site. Such limitation shall apply, without limitation, to the cost of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the site or any products, services, information, or merchandise that appears on, or is linked or related in any way to, the site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitations shall apply to the fullest extent permitted by law.

18. TERM, TERMINATION AND CANCELLATION

The Term of your Membership begins on the date you register as a Member of THEFITNESITY.COM (i.e., the date your contact information (name, address, E-mail address, billing information) is entered into the THEFITNESITY.COM database) and will continue on a yearly basis according to the applicable membership subscription type you selected at registration time, until you cancel your Membership as set forth below, unless it is otherwise cancelled by THEFITNESITY.COM pursuant to this Terms of Service Agreement.

You can cancel your Membership at any time by delivering thirty (30) days notice to THEFITNESITY.COM via E-mail sent to: THEFITNESITY.COM

You understand and agree that the cancellation of your Membership is your sole right and remedy with respect to any dispute with THEFITNESITY.COM. This includes, but is not limited to, any dispute related to, or arising out of (i) any term of this Terms of Service Agreement or THEFITNESITY.COM's enforcement or application of this Terms of Service Agreement; (ii) any policy or practice of THEFITNESITY.COM, including THEFITNESITY.COM's Content Guidelines and the THEFITNESITY.COM's Privacy Policy, or THEFITNESITY.COM's enforcement or application of these policies; (iii) the content available on THEFITNESITY.COM or the Internet or any change in content provided through THEFITNESITY.COM; or (iv) your ability to access and/or use THEFITNESITY.COM and its services.

19. NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.

20. GENERAL INFORMATION

This TOS (Terms of Service) constitutes the entire agreement between you and THEFITNESITY.COM and governs your use of the service, superseding any prior agreements between you and THEFITNESITY.COM (including, but not limited to any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and THEFITNESITY.COM shall be governed by the laws of India without regard to its conflict of law provisions. You and THEFITNESITY.COM agree to submit to the personal and exclusive jurisdiction of the courts located within India.

The failure of THEFITNESITY.COM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

21. UPDATES FROM THE FITNESITY.COM

You will get update from THEFITNESITY.COM on mobile or your email address.