Terms and Conditions of Use/ Service Agreement
This is our Service Agreement. "dotFIT" provides its services to you subject to the Terms and Conditions contained in this Service Agreement. If you visit or shop at the dotFIT websites (including, but not limited to, www.dotFIT.com) (individually or collectively, the "Website"), you accept these Terms and Conditions.
The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
If you do not agree to be bound by all of these Terms and Conditions, please do not use or access this Website. dotFIT reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of these Terms and Conditions, or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from dotFIT's third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only.
PARENTAL OR GUARDIAN PERMISSION.
You must be 18 years or older to purchase any product or service offered on or through the Website. Some of the content on the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing the Website.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. dotFIT may also deliver communications to you electronically. In addition, dotFIT may deliver communications (including legal notices) to you at the street address provided in your dotFIT membership account. Finally, dotFIT may deliver communications to you by any means set forth in any other dotFIT policy or notice published on the Website.
LICENSE AND SITE ACCESS.
dotFIT grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of dotFIT. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of dotFIT. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of dotFIT without our express written consent. You may not use any metatags or any other hidden text utilizing dotFIT's name or trademarks without the express written consent of dotFIT. Any unauthorized use terminates the permission or license granted by dotFIT. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray dotFIT, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any dotFIT logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT.
You may contact us by email to firstname.lastname@example.org (provide your first and last name and user name; we will not open your email if it contains an attachment); by mail to dotFIT, LLC, 250 N. Westlake Blvd., Ste 220, Westlake Village, CA 91362 (provide your first and last name, user name, and email address); or by phone at 877.436.8348.
DISCLAIMERS AND LIMITATION OF LIABILITY.
Users of the Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither dotFIT, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. dotFIT does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
THE WEBSITE IS PROVIDED BY DOTFIT ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOTFIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DOTFIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL DOTFIT OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF DOTFIT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DOTFIT'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DOTFIT, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall dotFIT or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). Regarding the Content supplied by Users or parties other than dotFIT, dotFIT is a distributor and not a publisher. dotFIT has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by dotFIT are those of the respective authors or distributors and not of dotFIT. Neither dotFIT nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with dotFIT.com. dotFIT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized dotFIT employees. Under no circumstances shall dotFIT be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.
User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If dotFIT is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, dotFIT may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. dotFIT may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of dotFIT, its Users or Providers. dotFIT reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of dotFIT or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither dotFIT nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither dotFIT, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
LINKS TO OTHER SITES.
The Website may reference or link to third-party sites throughout the World Wide Web. dotFIT has no control over these third-party sites or the content within them. dotFIT cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. dotFIT does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. dotFIT does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against dotFIT for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
Copyright © dotFIT.com, Inc. 2011. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to dotFIT or its content suppliers and are protected by United States and international copyright law. dotFIT enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
DOTFIT, DOTFIT.COM, and EXERSPY and the related logos and other marks indicated on our Website are the exclusive property and trademarks of dotFIT, LLC. dotFIT reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by dotFIT that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by dotFIT.
You agree to defend, indemnify, and hold dotFIT and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
The Website is created and controlled by dotFIT in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. dotFIT reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of California for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. dotFIT reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions periodically. In addition, these Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Unsolicited Idea Submission Policy
dotFIT, LLC. ("dotFIT "), and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when dotFIT's products or marketing strategies might seem similar to ideas submitted to dotFIT.com. So, please do not send your unsolicited ideas to dotFIT or anyone at dotFIT. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter, fax, or e-mail says, the following terms shall apply to your idea submission.
Terms of Idea Submission
You agree that: (1) your ideas will automatically become the property of dotFIT, without compensation to you, and (2) dotFIT can use the ideas for any purpose and in any way, even give them to others.
Product and/or Service Feedback
dotFIT does, however, welcome your feedback regarding many areas of dotFIT's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send us an email to feedback@dotFIT.com. Please provide only specific feedback on dotFIT's existing products or marketing strategies; do not include any ideas that dotFIT's policy will not permit it to accept or consider.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. dotFIT shall be free to use such information on an unrestricted basis.