{"id":46505,"date":"2023-02-24T07:26:01","date_gmt":"2023-02-24T12:26:01","guid":{"rendered":"https:\/\/www.elitefitness.com\/articles\/?page_id=46505"},"modified":"2023-02-28T03:02:01","modified_gmt":"2023-02-28T08:02:01","slug":"terms-of-service-agreement","status":"publish","type":"page","link":"https:\/\/www.elitefitness.com\/articles\/terms-of-service-agreement\/","title":{"rendered":"Terms of Service Agreement"},"content":{"rendered":"<div id=\"content_holder\">\n<p><strong>May 21, 2026<\/strong><br \/>\n EliteFitness.com      is a community forum that allows Members to create unique personal profiles      online in order to publish postings, comments and to find and communicate      with old and new friends. The services offered by EliteFitness.com (\"EliteFitness.com\"      or \"we\") include the EliteFitness.com website (the \"EliteFitness      Website\"), the EliteFitness.com Internet messaging service, and any      other features, content, or applications offered from time to time by EliteFitness.com      in connection with the EliteFitness Website (collectively, the \"EliteFitness      Services\"). <\/p>\n<p>This    Terms of Service Agreement (\"Agreement\") sets forth the legally    binding terms for your use of the EliteFitness Services. By using the EliteFitness    Services, you agree to be bound by this Agreement, whether you are a    \"Visitor\" (which means that you simply browse the EliteFitness    Website) or you are a \"Member\" (which means that you have    registered with EliteFitness.com). The term \"User\" refers to a    Visitor or a Member. You are only authorized to use the EliteFitness    Services (regardless of whether your access or use is intended) if you    agree to abide by all applicable laws and to this Agreement. Please read    this Agreement carefully and save it. If you do not agree with it, you    should leave the EliteFitness Website and discontinue use of the EliteFitness    Services immediately. If you wish to become a Member, communicate with    other Members and make use of the EliteFitness Services, you must read this    Agreement and indicate your acceptance during the Registration process.<\/p>\n<p>This    Agreement includes EliteFitness.com's policy for acceptable use of the EliteFitness    Services and Content posted on the EliteFitness Website, your rights,    obligations and restrictions regarding your use of the EliteFitness    Services and EliteFitness.com's Privacy Policy. In order to participate in    certain EliteFitness Services, you may be notified that you are required to    download software or content and\/or agree to additional terms and    conditions. Unless otherwise provided by the additional terms and    conditions applicable to the EliteFitness Services in which you choose to    participate, those additional terms are hereby incorporated into this    Agreement. <\/p>\n<p>EliteFitness.com    may modify this Agreement from time to time and such modification shall be    effective upon posting by EliteFitness.com on the EliteFitness Website. You    agree to be bound to any changes to this Agreement when you use the EliteFitness    Services after any such modification is posted. It is therefore important    that you review this Agreement regularly to ensure you are updated as to    any changes.<\/p>\n<p>Please    choose carefully the information you post on EliteFitness.com and that you    provide to other Users. Your EliteFitness.com profile may not include the    following items: telephone numbers, street addresses, last names, and any    photographs containing obscene, lewd, excessively violent, harassing,    sexually explicit or otherwise objectionable subject matter. Despite this    prohibition, information provided by other EliteFitness.com Members (for    instance, in their Profile) may contain inaccurate, inappropriate,    offensive or sexually explicit material, products or services, and EliteFitness.com    assumes no responsibility or liability for this material. If you become    aware of misuse of the EliteFitness Services by any person, please contact    EliteFitness at the HELP link at the top of any EliteFitness.com page.<\/p>\n<p>EliteFitness.com    reserves the right, in its sole discretion, to reject, refuse to post or    remove any posting (including private messages) by you, or to restrict,    suspend, or terminate your access to all or any part of the EliteFitness    Services at any time, for any or no reason, with or without prior notice,    and without liability.<\/p>\n<ol start=\"1\" type=\"1\">\n<li>Eligibility. Use of and Membership in the EliteFitness Services is void where      prohibited. By using the EliteFitness Services, you represent and      warrant that (a) all registration information you submit is truthful      and accurate; (b) you will maintain the accuracy of such information;      (c) you are 18 years of age or older; and (d) your use of the EliteFitness      Services does not violate any applicable law or regulation. Your      profile may be deleted and your Membership may be terminated without      warning, if we believe that you are under 18 years of age. <\/li>\n<li>Term. This      Agreement shall remain in full force and effect while you use the EliteFitness      Services or are a Member. You may terminate your Membership at any      time and for any reason. EliteFitness.com may terminate your      Membership at any time, without warning. Even after Membership is      terminated, this Agreement will remain in effect, including sections      5-17. <\/li>\n<li>Fees. You      acknowledge that EliteFitness.com reserves the right to charge for the      EliteFitness Services and to change its fees from time to time at its      discretion. If EliteFitness.com terminates your Membership because you      have breached the Agreement, you shall not be entitled to the refund      of any unused portion of subscription fees. <\/li>\n<li>Password. When you sign up to become a Member, you will also be asked to choose      a password. You are entirely responsible for maintaining the      confidentiality of your password. You agree not to use the account,      username, or password of another Member at any time or to disclose      your password to any third party. You agree to notify EliteFitness.com      immediately if you suspect any unauthorized use of your account or      access to your password. You are solely responsible for any and all      use of your account. <\/li>\n<li>Non-commercial Use by Members. The EliteFitness Services are for the personal use of Members only and      may not be used in connection with any commercial endeavors except      those that are specifically endorsed or approved by EliteFitness.com.      Illegal and\/or unauthorized use of the EliteFitness Services,      including collecting usernames and\/or email addresses of Members by      electronic or other means for the purpose of sending unsolicited email      or unauthorized framing of or linking to the EliteFitness Website is      prohibited. Commercial advertisements, affiliate links, and other      forms of solicitation may be removed from Member profiles without      notice and may result in termination of Membership privileges.      Appropriate legal action will be taken for any illegal or unauthorized      use of the EliteFitness Services. <\/li>\n<li>Proprietary Rights in Content on EliteFitness.com. <\/li>\n<ol start=\"1\" type=\"1\">\n<li>EliteFitness.com does not        claim any ownership rights in the text, files, images, photos, video,        sounds, musical works, works of authorship, or any other materials        (collectively, \"Content\") that you post to the EliteFitness        Services. After posting your Content to the EliteFitness Services,        you continue to retain all ownership rights in such Content, and you        continue to have the right to use your Content in any way you choose.        By displaying or publishing (\"posting\") any Content on or        through the EliteFitness Services, you hereby grant to EliteFitness.com        a limited license to use, modify, publicly perform, publicly display,        reproduce, and distribute such Content solely on and through the EliteFitness        Services. <\/li>\n<li>You represent and warrant that:        (i) you own the Content posted by you on or through the EliteFitness        Services or otherwise have the right to grant the license set forth        in this section, and (ii) the posting of your Content on or through        the EliteFitness Services does not violate the privacy rights,        publicity rights, copyrights, contract rights or any other rights of        any person. You agree to pay for all royalties, fees, and any other        monies owing any person by reason of any Content posted by you to or        through the EliteFitness Services. <\/li>\n<li>The EliteFitness Services        contain Content of EliteFitness.com (\"EliteFitness.com        Content\"). EliteFitness.com Content is protected by copyright,        trademark, patent, trade secret and other laws, and EliteFitness.com        owns and retains all rights in the EliteFitness.com Content and the EliteFitness        Services. EliteFitness.com hereby grants you a limited, revocable,        nonsublicensable license to reproduce and display the EliteFitness.com        Content (excluding any software code) solely for your personal use in        connection with viewing the EliteFitness Website and using the EliteFitness        Services. <\/li>\n<li>The EliteFitness Services        contain Content of Users and other EliteFitness.com licensors. Except        for Content posted by you, you may not copy, modify, translate,        publish, broadcast, transmit, distribute, perform, display, or sell        any Content appearing on or through the EliteFitness Services. <\/li>\n<\/ol>\n<li>Content Posted. <\/li>\n<ol start=\"1\" type=\"1\">\n<li>EliteFitness.com may delete        any Content that in the sole judgment of EliteFitness.com violates        this Agreement or which may be offensive, illegal or violate the        rights, harm, or threaten the safety of any person. EliteFitness.com        assumes no responsibility for monitoring the EliteFitness Services        for inappropriate Content or conduct. If at any time EliteFitness.com        chooses, in its sole discretion, to monitor the EliteFitness        Services, EliteFitness.com nonetheless assumes no responsibility for        the Content, no obligation to modify or remove any inappropriate        Content, and no responsibility for the conduct of the User submitting        any such Content. <\/li>\n<li>You are solely responsible        for the Content that you post on or through any of the EliteFitness        Services, and any material or information that you transmit to other        Members and for your interactions with other Users. EliteFitness.com        does not endorse and has no control over the Content. Content is not        necessarily reviewed by EliteFitness.com prior to posting and does        not necessarily reflect the opinions or policies of EliteFitness.com.        EliteFitness.com makes no warranties, express or implied, as to the        Content or to the accuracy and reliability of the Content or any        material or information that you transmit to other Members. <\/li>\n<\/ol>\n<li>Content\/Activity Prohibited. The following is a partial list of the kind of Content that is illegal      or prohibited to post on or through the EliteFitness Services. EliteFitness.com      reserves the right to investigate and take appropriate legal action      against anyone who, in EliteFitness.com's sole discretion, violates      this provision, including without limitation, removing the offending      communication from the EliteFitness Services and terminating the      Membership of such violators. Prohibited Content includes, but is not      limited to Content that, in the sole discretion of EliteFitness.com: <\/li>\n<ol start=\"1\" type=\"1\">\n<li>is patently offensive and        promotes racism, bigotry, hatred or physical harm of any kind against        any group or individual; <\/li>\n<li>harasses or advocates        harassment of another person; <\/li>\n<li>exploits people in a sexual        or violent manner; <\/li>\n<li>solicits personal information        from anyone under 18; <\/li>\n<li>provides any telephone        numbers, street addresses, last names, URLs or email addresses; <\/li>\n<li>promotes information that you        know is false or misleading or promotes illegal activities or conduct        that is abusive, threatening, obscene, defamatory or libelous; <\/li>\n<li>promotes an illegal or        unauthorized copy of another person's copyrighted work, such as        providing pirated computer programs or links to them, providing        information to circumvent manufacture-installed copy-protect devices,        or providing pirated music or links to pirated music files; <\/li>\n<li>involves the transmission of        \"junk mail,\" \"chain letters,\" or unsolicited mass        mailing, instant messaging, \"spimming,\" or        \"spamming\"; <\/li>\n<li>contains restricted or        password only access pages or hidden pages or images (those not        linked to or from another accessible page); <\/li>\n<li>furthers or promotes any        criminal activity or enterprise or provides instructional information        about illegal activities including, but not limited to making or        buying illegal weapons, making or buying illegal drugs, violating        someone's privacy, or providing or creating computer viruses; <\/li>\n<li>solicits passwords or        personal identifying information for commercial or unlawful purposes        from other Users; <\/li>\n<li>involves commercial        activities and\/or sales without our prior written consent such as        contests, sweepstakes, barter, advertising, or pyramid schemes; <\/li>\n<li>includes a photograph of        another person that you have posted without that person's consent. <\/li>\n<\/ol>\n<\/ol>\n<p>The following is a partial list of the kind of activity that    is illegal or prohibited on the EliteFitness Website and through your use    of the EliteFitness Services. EliteFitness.com reserves the right to    investigate and take appropriate legal action against anyone who, in EliteFitness.com's    sole discretion, violates this provision, including without limitation,    reporting you to law enforcement authorities. Prohibited activity includes,    but is not limited to:<\/p>\n<ol start=\"8\" type=\"1\">\n<ol start=\"14\" type=\"1\">\n<li>criminal or tortious        activity, including child pornography, fraud, trafficking in obscene        material, drug dealing, gambling, harassment, stalking, spamming,        spimming, sending of viruses or other harmful files, copyright        infringement, patent infringement, or theft of trade secrets; <\/li>\n<li>advertising to, or        solicitation of, any Member to buy or sell any products or services        through the EliteFitness Services. You may not transmit any chain        letters or junk email to other Members. It is also a violation of        these rules to use any information obtained from the EliteFitness        Services in order to contact, advertise to, solicit, or sell to any        Member without their prior explicit consent. In order to protect our        Members from such advertising or solicitation, EliteFitness.com        reserves the right to restrict the number of emails which a Member        may send to other Members in any 24-hour period to a number which EliteFitness.com        deems appropriate in its sole discretion. If you breach this        Agreement and send unsolicited bulk email, instant messages or other        unsolicited communications of any kind through the EliteFitness        Services, you acknowledge that you will have caused substantial harm        to EliteFitness.com, but that the amount of such harm would be        extremely difficult to ascertain. As a reasonable estimation of such        harm, you agree to pay EliteFitness.com $50 for each such unsolicited        email or other unsolicited communication you send through the EliteFitness        Services; <\/li>\n<li>covering or obscuring the        banner advertisements on your personal profile page, or any EliteFitness.com        page via HTML\/CSS or any other means; <\/li>\n<li>any automated use of the        system, such as using scripts to add friends or send comments or        messages; <\/li>\n<li>interfering with, disrupting,        or creating an undue burden on the EliteFitness Services or the        networks or services connected to the EliteFitness Services; <\/li>\n<li>attempting to impersonate        another Member or person; <\/li>\n<li>using the account, username,        or password of another Member at any time or disclosing your password        to any third party or permitting any third party to access your        account; <\/li>\n<li>selling or otherwise        transferring your profile; <\/li>\n<li>using any information        obtained from the EliteFitness Services in order to harass, abuse, or        harm another person; <\/li>\n<li>displaying an advertisement        on your profile, or accepting payment or anything of value from a        third person in exchange for your performing any commercial activity        on or through the EliteFitness Services on behalf of that person,        such as placing commercial content on your profile, posting blogs or        bulletins with a commercial purpose, selecting a profile with a        commercial purpose as one of your \"Top 8\" friends, or        sending private messages with a commercial purpose; or <\/li>\n<li>using the EliteFitness        Services in a manner inconsistent with any and all applicable laws        and regulations. <\/li>\n<\/ol>\n<li>Copyright Policy. You may not post, modify, distribute, or reproduce in any way any      copyrighted material, trademarks, or other proprietary information      belonging to others without obtaining the prior written consent of the      owner of such proprietary rights. It is the policy of EliteFitness.com      to terminate Membership privileges of any Member who repeatedly      infringes the copyright rights of others upon receipt of prompt      notification to EliteFitness.com by the copyright owner or the copyright      owner's legal agent. Without limiting the foregoing, if you believe      that your work has been copied and posted on the EliteFitness Services      in a way that constitutes copyright infringement, please provide our      Copyright Agent with the following information: (i) an electronic or      physical signature of the person authorized to act on behalf of the      owner of the copyright interest; (ii) a description of the copyrighted      work that you claim has been infringed; (iii) a description of where      the material that you claim is infringing is located on the EliteFitness      Services; (iv) your address, telephone number, and email address; (v)      a written statement by you that you have a good faith belief that the      disputed use is not authorized by the copyright owner, its agent, or      the law; (vi) a statement by you, made under penalty of perjury, that      the above information in your notice is accurate and that you are the      copyright owner or authorized to act on the copyright owner's behalf. EliteFitness.com's      Copyright Agent for notice of claims of copyright infringement can be      reached as follows: Copyright Agent, EliteFitness.com, 217 West 18th Street #1264, New York, NY 10113-1264.<\/li>\n<li>Member Disputes. You are solely responsible for your interactions with other EliteFitness.com      Members. EliteFitness.com reserves the right, but has no obligation,      to monitor disputes between you and other Members. <\/li>\n<li>Privacy. Use of the EliteFitness      Services is also governed by our Privacy Policy, which is found at https:\/\/www.elitefitness.com\/privacy.html. <\/li>\n<li>Disclaimers. No liability is assumed by Elite Fitness for information presented in the      EliteFitness Website. The information presented is intended for      informational and entertainment purposes only and is based solely on      the opinions of the authors and members. The information does not      constitute medical advice. The authors and Elite Fitness do not      advocate, promote or encourage the use of any illegal drugs,      controlled substances, or contraband, or persuade anyone to use,      possess, or attempt to obtain anabolic steroids or any other      controlled substances. References made directly about the effects of      anabolic steroids or any other substances and methods used to obtain      them are for informational purposes only and are an expression of      opinion. As Elite Fitness is available internationally, it is the      readers responsibility to abide by all laws in his respective country.      Neither the authors nor Elite Fitness assume any responsibility or      liability for any actions taken by the reader. EliteFitness.com is not      responsible for any incorrect or inaccurate Content posted on the EliteFitness      Website or in connection with the EliteFitness Services, whether      caused by Users of the EliteFitness Services or by any of the      equipment or programming associated with or utilized in the EliteFitness      Services. The EliteFitness Website may contain links to other websites.      EliteFitness.com is not responsible for the Content, accuracy or      opinions expressed on such websites, and such websites are in no way      investigated, monitored or checked for accuracy or completeness by EliteFitness.com.      Inclusion of any linked website on the EliteFitness Services does not      imply approval or endorsement of the linked website by EliteFitness.com.      When you access these third-party sites, you do so at your own risk. EliteFitness.com      takes no responsibility for third party advertisements which are      posted on this EliteFitness Website or through the EliteFitness      Services, nor does it take any responsibility for the goods or      services provided by its advertisers. EliteFitness.com is not      responsible for the conduct, whether online or offline, of any User of      the EliteFitness Services. EliteFitness.com assumes no responsibility      for any error, omission, interruption, deletion, defect, delay in      operation or transmission, communications line failure, theft or      destruction or unauthorized access to, or alteration of, any User or      Member communication. EliteFitness.com is not responsible for any      problems or technical malfunction of any telephone network or lines,      computer online systems, servers or providers, computer equipment,      software, failure of any email or players due to technical problems or      traffic congestion on the Internet or on any of the EliteFitness      Services or combination thereof, including any injury or damage to      Users or to any person's computer related to or resulting from      participation or downloading materials in connection with the EliteFitness      Services. Under no circumstances shall EliteFitness.com be responsible      for any loss or damage, including personal injury or death, resulting      from use of the EliteFitness Services, attendance at a EliteFitness.com      event, from any Content posted on or through the EliteFitness      Services, or from the conduct of any Users of the EliteFitness      Services, whether online or offline. The EliteFitness Services are      provided \"AS-IS\" and as available and EliteFitness.com      expressly disclaims any warranty of fitness for a particular purpose      or non-infringement. EliteFitness.com cannot guarantee and does not      promise any specific results from use of the EliteFitness Services. <\/li>\n<li>Limitation on Liability. IN NO EVENT SHALL ELITEFITNESS.COM BE LIABLE TO YOU OR ANY THIRD PARTY      FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR      PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE      OF THE SERVICES, EVEN IF ELITEFITNESS.COM HAS BEEN ADVISED OF THE      POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY      CONTAINED HEREIN, ELITEFITNESS.COM'S LIABILITY TO YOU FOR ANY CAUSE      WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES      BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ELITEFITNESS.COM FOR      THE ELITEFITNESS SERVICES DURING THE TERM OF MEMBERSHIP. <\/li>\n<li>Disputes. If there is any dispute about or involving the EliteFitness Services,      you agree that the dispute shall be governed by the laws of the State      of Florida, USA, without regard to conflict of law provisions and you      agree to exclusive personal jurisdiction and venue in the state and      federal courts of the United States located in the State of Florida,      City of Miami Beach. Either EliteFitness.com or you may demand that      any dispute between EliteFitness.com and you about or involving the EliteFitness      Services must be settled by arbitration utilizing the dispute      resolution procedures of the American Arbitration Association (AAA) in      Miami Beach, Florida, USA, provided that the foregoing shall not      prevent EliteFitness.com from seeking injunctive relief in a court of      competent jurisdiction. <\/li>\n<li>Indemnity. You agree to indemnify and hold EliteFitness.com, its subsidiaries,      and affiliates, and their respective officers, agents, partners and      employees, harmless from any loss, liability, claim, or demand,      including reasonable attorneys' fees, made by any third party due to      or arising out of your use of the EliteFitness Services in violation      of this Agreement and\/or arising from a breach of this Agreement      and\/or any breach of your representations and warranties set forth      above and\/or if any Content that you post on the EliteFitness Website      or through the EliteFitness Services causes EliteFitness.com to be      liable to another. <\/li>\n<li>Other. This      Agreement is accepted upon your use of the EliteFitness Website or any      of the EliteFitness Services and is further affirmed by you becoming a      Member. This Agreement constitutes the entire agreement between you      and EliteFitness.com regarding the use of the EliteFitness Services.      The failure of EliteFitness.com to exercise or enforce any right or      provision of this Agreement shall not operate as a waiver of such      right or provision. The section titles in this Agreement are for      convenience only and have no legal or contractual effect. EliteFitness.com      is a trademark of EliteFitness, Inc. This Agreement operates to the      fullest extent permissible by law. If any provision of this Agreement      is unlawful, void or unenforceable, that provision is deemed severable      from this Agreement and does not affect the validity and      enforceability of any remaining provisions. <\/li>\n<\/ol>\n<p>Please    click the HELP link at the top of each page of this site any questions    regarding this Agreement.<\/p>\n<p>I    HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED    ABOVE.<\/p>\n<\/p><\/div>\n<div style='text-align:left' class='yasr-auto-insert-visitor'><\/div>","protected":false},"excerpt":{"rendered":"<p>EliteFitness.com is a community forum that allows Members to create unique personal profiles online in order to publish postings, comments and to find and communicate with old and new friends. 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