EliteFitness.com Terms of Service Agreement and Disclaimer
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").
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.
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.
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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Proprietary Rights in Content on EliteFitness.com.
- 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.
- 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.
- 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.
- 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.
- Content Posted.
- 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.
- 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.
- 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:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 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;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- 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;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent.
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:
- 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;
- 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;
- covering or obscuring the banner advertisements on your personal profile page, or any EliteFitness.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the EliteFitness Services or the networks or services connected to the EliteFitness Services;
- attempting to impersonate another Member or person;
- 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;
- selling or otherwise transferring your profile;
- using any information obtained from the EliteFitness Services in order to harass, abuse, or harm another person;
- 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
- using the EliteFitness Services in a manner inconsistent with any and all applicable laws and regulations.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Please click the HELP link at the top of each page of this site any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.