Please read the following terms carefully before using this site.
Fitbase Inc., (Fitbase) maintains this web site ("Site") and all the information, communications, software, photos, scripting, video, text, music, graphics, sound, images, and other materials and services found on this Site (collectively "Content") for the use of its customers and members of the general public.
By accessing, browsing and/or using this Site, You agree to be bound by these terms ("Terms") and comply with all applicable laws and regulations. You represent that You have the legal authority to accept these Terms on behalf of Yourself or any party You represent. If any provision of these Terms is held invalid by any law, rule, order or regulation of any government or by final determination of any court, such invalidity shall not affect the enforceability of any other provision of these Terms.
If You do not agree to these terms, please note that You are not allowed to use this Site.
Individual documents on this Site may be subject to additional terms indicated in those documents.
This Site is controlled and operated by Fitbase from its offices in the United States. By accessing this Site, You agree that the LAWS OF THE STATE OF TEXAS, USA, without regard to principles of the conflicts of laws, shall apply to the matters relating to the use of this Site. Fitbase makes no representation that the Content on this Site is appropriate or available for use in other locations and access to it from territories, where its contents are illegal, is prohibited. Those who access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that Fitbase may in its sole discretion refuse or terminate access to this Site by You at any time.
Provision of Services is subject to Your compliance with this Agreement and timely payment of all applicable fees. We shall make the Services available to You pursuant to this Agreement during each Subscription Term.
Fitbase shall have the right to, at its sole discretion, decide upon provision of the Service and make it available to you, and reserves the right to discontinue any aspect of the Service at any time.
These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of the Terms. In such cases, You will not be entitled to any refund.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
This Agreement is specifically void where prohibited by law.
You shall (i) be responsible for Users' compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of Your data and of the means by which You acquired Your data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit Malicious Code, (d) interfere with or disrupt the integrity or performance of the Services, or (f) attempt to gain unauthorized access to the Services.
The Content is Copyright © Fitbase 2017. ALL RIGHTS RESERVED. The Content is protected by copyright laws, international treaty provisions and all applicable national laws. You may not reproduce (whether by linking, framing or any other method), transfer, distribute or storage of part or all of the Content in any form without the prior written consent of Fitbase except in accordance with the following terms. Fitbase consents to You displaying, downloading or printing portions of the material from the different areas of these pages solely for Your own non-commercial use. You may not change or delete any proprietary notices from materials downloaded from this Site.
Fitbase will collect all fees from the trainees and will pay those amounts, less any fees charged by Fitbase, to you in accordance with Fitbase’s Payment Policies. Among other things, those policies require, before you are entitled to receive disbursements related to amounts charged to trainees, you to provide us with appropriate documentation establishing your right to receive such disbursements free of withholding tax (such as an IRS form W-9), and otherwise agree to indemnify us if we are obligated to make any payments to a third party with respect to amounts that have been disbursed to you. In addition, there may be additional requirements imposed upon you by our payment providers which will be explained at the time you set up your account, or in a subsequent communication.
Any communication or material You transmit to Fitbase via this Site or electronic mail will be deemed NOT to be confidential. You agree that the communication and material will not contain any item that is unlawful or otherwise unfit for publication, You will use Your best efforts to scan and remove any viruses or other contaminating or destructive features before sending any communication or material, and own the material or have the unlimited right to provide it to Fitbase. Fitbase is under no obligation to refrain from reproducing, publishing or otherwise using the communication or material in any way or for any purpose. Fitbase shall be free to use content of any such communication and material, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services, without compensation to the provider of the submissions. You agree not to take action against Fitbase related to material You send and agree to indemnify Fitbase if any third-party takes action against Fitbase related to the material You send. Fitbase cannot review the content posted by Users on this Site. Fitbase is not responsible for the content and information contained therein, including its truthfulness and accuracy. Fitbase may at any time, at its discretion remove, any content posted by Users.
Fitbase may revise or withdraw the Content, in whole or in part, at any time without notice. Fitbase may revise these Terms from time to time by updating this posting. By using this Site, You agree to be bound by any such revisions and You agree to periodically visit this page to determine the then current Terms to which You are bound to.
In an attempt to provide increased value to Our visitors, Fitbase may choose various third-party websites to link to from this Site. By linking to such sites, You shall review and agree to that site’s terms of use before using it. You also agree that even if the third-party is affiliated with Fitbase, Fitbase has no control over these linked sites and cannot assume any responsibility for material created or published by such sites. Any links to other sites are provided as merely a convenience to the Users of this Site.
Fitbase is providing this site and its contents on an ‘as is’ and ‘as available’ basis, and makes no representations or warranties of any kind, whether express or implied, with respect to the availability, accuracy, reliability or content of the site or any other web sites linked to or from this site. To the fullest extent permissible pursuant to applicable law, Fitbase disclaims all such representations and warranties, express or implied, including, but not limited to, warranties of title or non-infringement or implied warranties of merchantability and fitness for a particular purpose. In addition, Fitbase does not represent or warrant that this site will be uninterrupted or error-free, defects will be corrected or this site or the server that makes these pages available are free of viruses or other harmful components. Applicable law may not allow the exclusion of certain warranties. So, the above exclusion may not apply to You.
You shall defend Us against any claim, demand, suit or proceeding made or brought against Us by a third-party alleging (i) that Your Data or Your use of the Services or Hardware in violation of this Agreement, infringes or misappropriates the Intellectual Property (IP) rights of a third-party or violates applicable law (ii) a claim arising from the breach by You or Users of this Agreement and shall indemnify Us for any damages finally awarded against, and for reasonable attorney's fees incurred by Us in connection with any such claim that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such Claim.
Fitbase shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits, business interruption arising out of Your access, use or inability to use this site, or any errors or omissions in the content, even if Fitbase has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of certain limitations of liability. So, the above limitation or exclusion may not apply to You.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES, DATA, USE, OR OTHER ECONOMIC ADVANTAGE OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SAME OR FOR ANY CONTENT, OR ANY INTERRUPTION IN SERVICE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes, all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.
Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Attorney Fees. You agree to pay all fees and associated costs incurred by Us to collect any unpaid fees or charges due under this Agreement.
Notices. All notices or communications under this Agreement to Us shall be sent by email to info@fitbase.com. All notices or communications under this Agreement to You shall be sent by email to the email address provided by You during the registration process.
Jurisdiction of Governing Law. This Agreement and any disputes related hereto shall be governed by the laws of the State of Texas, without regard to its conflicts of laws and rules. The state and federal courts located in the State of Texas shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement, and each party hereby consents to the exclusive jurisdiction of such courts.
Fitbase logo is a registered trademark of Fitbase. All product names are registered trademarks or trademarks of Fitbase. Other trade names or trademarks may be trade names or trademarks of third-parties. You are not granted, by implication or otherwise, any license or right to use any marks appearing on this Site.