Introduction
Welcome to Fun and Sustainable Fitness. This website is owned and
operated by Fun and Sustainable Fitness LLC. By visiting our
website and accessing the information, resources, services,
products, and tools we provide, you understand and agree to accept
and adhere to the following terms and conditions as stated in this
policy (hereafter referred to as 'User Agreement'), along with the
terms and conditions as stated in our Privacy Policy (please refer
to the Privacy Policy section below for more information).
This agreement is in effect as of Feb 07, 2018.
We reserve the right to change this User Agreement from time to
time without notice. You acknowledge and agree that it is your
responsibility to review this User Agreement periodically to
familiarize yourself with any modifications. Your continued use of
this site after such modifications will constitute acknowledgment
and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources,
services, products, and tools we provide for you, either directly
or indirectly (hereafter referred to as 'Resources'), you agree to
use these Resources only for the purposes intended as permitted by
(a) the terms of this User Agreement, and (b) applicable laws,
regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to
provide certain information about yourself (such as
identification, contact details, etc.) as part of the registration
process, or as part of your ability to use the Resources. You
agree that any information you provide will always be accurate,
correct, and up to date.
b. You are responsible for maintaining the confidentiality of any
login information associated with any account you use to access
our Resources. Accordingly, you are responsible for all activities
that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any
means other than through the means we provide, is strictly
prohibited. You specifically agree not to access (or attempt to
access) any of our Resources through any automated, unethical or
unconventional means.
d. Engaging in any activity that disrupts or interferes with our
Resources, including the servers and/or networks to which our
Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or
resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages
that we may directly or indirectly incur or suffer due to any
unauthorized activities conducted by you, as explained above, and
may incur criminal or civil liability.
g. We may provide various open communication tools on our website,
such as blog comments, blog posts, public chat, forums, message
boards, newsgroups, product ratings and reviews, various social
media services, etc. You understand that generally we do not
pre-screen or monitor the content posted by users of these various
communication tools, which means that if you choose to use these
tools to submit any type of content to our website, then it is
your personal responsibility to use these tools in a responsible
and ethical manner. By posting information or otherwise using any
open communication tools as mentioned, you agree that you will not
upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing,
degrading, intimidating, fraudulent, deceptive, invasive, racist,
or contains any type of suggestive, inappropriate, or explicit
language;
ii. Infringes on any trademark, patent, trade secret, copyright,
or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Fun and
Sustainable Fitness employees or representatives.
We have the right at our sole discretion to remove any content
that, we feel in our judgment does not comply with this User
Agreement, along with any content that we feel is otherwise
offensive, harmful, objectionable, inaccurate, or violates any 3rd
party copyrights or trademarks. We are not responsible for any
delay or failure in removing such content. If you post content
that we choose to remove, you hereby consent to such removal, and
consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or
any other 3rd party users of our website. However, any content
posted by you using any open communication tools on our website,
provided that it doesn't violate or infringe on any 3rd party
copyrights or trademarks, becomes the property of Fun and
Sustainable Fitness LLC, and as such, gives us a perpetual,
irrevocable, worldwide, royalty-free, exclusive license to
reproduce, modify, adapt, translate, publish, publicly display
and/or distribute as we see fit. This only refers and applies to
content posted via open communication tools as described, and does
not refer to information that is provided as part of the
registration process, necessary in order to use our Resources. All
information provided as part of our registration process is
covered by our{" "}
privacy policy
.
i. You agree to indemnify and hold harmless Fun and Sustainable
Fitness LLC and its parent company and affiliates, and their
directors, officers, managers, employees, donors, agents, and
licensors, from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of this User Agreement or the failure to fulfill any
obligations relating to your account incurred by you or any other
person using your account. We reserve the right to take over the
exclusive defense of any claim for which we are entitled to
indemnification under this User Agreement. In such event, you
shall provide us with such cooperation as is reasonably requested
by us.
Privacy
Your privacy is very important to us, which is why we've created a
separate Privacy Policy in order to explain in detail how we
collect, manage, process, secure, and store your private
information. Our privacy policy is included under the scope of
this User Agreement. To read our privacy policy in its entirety,{" "}
click here
.
Limitation of Warranties
By using our website, you understand and agree that all Resources
we provide are "as is" and "as available". This means that we do
not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure
or free from errors.
iii) the information obtained by using our Resources will be
accurate or reliable, and
iv) any defects in the operation or functionality of any Resources
we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of
our Resources is done at your own discretion and risk, and that
you are solely responsible for any damage to your computer or
other devices for any loss of data that may result from the
download of such content.
vi) no information or advice, whether expressed, implied, oral or
written, obtained by you from Fun and Sustainable Fitness LLC or
through any Resources we provide shall create any warranty,
guarantee, or conditions of any kind, except for those expressly
outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained
above, you expressly understand and agree that any claim against
us shall be limited to the amount you paid, if any, for use of
products and/or services. Fun and Sustainable Fitness LLC will not
be liable for any direct, indirect, incidental, consequential or
exemplary loss or damages which may be incurred by you as a result
of using our Resources, or as a result of any changes, data loss
or corruption, cancellation, loss of access, or downtime to the
full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on Fun and Sustainable
Fitness, including but not limited to text, graphics, website
name, code, images and logos are the intellectual property of Fun
and Sustainable Fitness LLC, and are protected by applicable
copyright and trademark law. Any inappropriate use, including but
not limited to the reproduction, distribution, display or
transmission of any content on this site is strictly prohibited,
unless specifically authorized by Fun and Sustainable Fitness LLC.
Termination of Use
You agree that we may, at our sole discretion, suspend or
terminate your access to all or part of our website and Resources
with or without notice and for any reason, including, without
limitation, breach of this User Agreement. Any suspected illegal,
fraudulent or abusive activity may be grounds for terminating your
relationship and may be referred to appropriate law enforcement
authorities. Upon suspension or termination, your right to use the
Resources we provide will immediately cease, and we reserve the
right to remove or delete any information that you may have on
file with us, including any account or login information.
Governing Law
This website is controlled by Fun and Sustainable Fitness LLC. It
can be accessed by most countries around the world. By accessing
our website, you agree that the statutes and laws of our state,
without regard to the conflict of laws and the United Nations
Convention on the International Sales of Goods, will apply to all
matters relating to the use of this website and the purchase of
any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be
brought in the federal or state courts You hereby agree to
personal jurisdiction by such courts, and waive any
jurisdictional, venue, or inconvenient forum objections to such
courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, Fun and Sustainable Fitness LLC
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our
Terms of Service as outlined above, you can contact us at
support @ funandsustainable.com