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Terms Of Use & Privacy Policy

By using the MyFitNet.com Web site, owned and operated by MyFitNet, you are subject to certain terms and conditions as set forth below. 1. The content and software on MyFitNet.com or related emails is general in nature and is provided for educational purposes to help you make informed decisions about your diet and health. MyFitNet strongly advises that you consult your health care provider before you alter your diet or fitness activities. The material presented here is not intended to be a substitute for medical counseling. Before adhering to any of the information or recommendations presented throughout MyFitNet.com or related emails, please consult with your own physician or healthcare practitioner. Neither the content nor any other service offered by or through MyFitNet.com is intended to be relied upon for medical diagnosis or treatment. MyFitNet.com reserves the right to refuse or cancel membership for any reason, including certain medical conditions. 2. GENERAL TERMS AND CONDITIONS: You agree to: (a) maintain all equipment necessary for your access to and use of the Site; (b) maintain the security of your user identification, password and other confidential information relating to your MyFitNet.com account; (c) be responsible for all charges resulting from use of your MyFitNet.com account, including unauthorized use prior to your notifying MyFitNet.com of such use and taking steps to prevent its further occurrence by changing your password; and (d) updating your personal information, including email address. 3. MEMBERSHIP TERM AND RENEWAL: The initial membership term is selected by the user upon registration, committing that user to a membership of the time frame of his/her selection. Upon expiration of the initial membership term, every membership is cancelled and services are no longer provided unless the same member renews his/her membership again. Membership fees are not refundable. Memberships are not transferable and only you are authorized to use this membership. Only registered MyFitNet members have permission to view and print any and all of the information provided within the MyFitNet.com website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of MyFitNet. You may cancel your membership at any time (but no refund will be provided on programs already purchased). MyFitNet members will receive a password that provides access to Members Only areas of the website. The MyFitNet membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password is violating the conditions of this agreement. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges. 4. CANCELLATION: After the initial membership term ends, membership will discontinue unless the member renews the membership is renewed again. Members are entitled to permanently cancel at any time. However, cancellation will not become effective until the end of the membership month in which cancellation takes place. MyFitNet will not provide prorated or retroactive refunds. A member may cancel his/her monthly program by emailing cs@myfitnet.com or billing@myfitnet.com. 5. DISCLAIMER OF WARRANTIES: You expressly understand and agree that your use of MyFitNet.com and your following or adhering to the advice and information contained herein is at your sole risk including, without limitation, risk of injury or death, and that MyFitNet.com and the information, content, advice, programs, goods and services made available therein, is provided on an "as-is" and "as available" basis. To the fullest extent permissible under applicable law, in regard to MyFitNet.com and all content, information and material thereon and products and services made available therein, MyFitNet expressly disclaims all warranties of any kind, including without limitation any warranty of merchantability, fitness for a particular purpose and non-infringement. The content on MyFitNet.com may contain inaccuracies and typographical errors. MyFitNet does not warrant the accuracy or completeness of the content or the reliability of any advice, opinion, statement, or other information displayed or distributed through MyFitNet.com. You acknowledge that any reliance on any such opinion, advice, statement or other information shall be at your sole risk. MyFitNet does not make any warranty that MyFitNet.com or its services will meet your requirements or expectations or be of a certain quality, or that MyFitNet.com or its services will be uninterrupted, timely, secure, virus-free or error-free, or that defects in MyFitNet.com if any, will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through MyFitNet.com is at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or information. You further understand and agree that the Internet is composed of many privately owned systems and networks of telephone wires and switches and wireless technologies and is dependent for its ongoing operations upon computers and other electronic hardware that are often unstable and subject to malfunctions, and, therefore, it is the inherent nature of these systems and networks, and the Internet to experience systems and hardware failures, packet losses and downtime. Accordingly, you hereby release and forever discharge MyFitNet from any and all costs, losses, liability or damages resulting from downtime caused by any of the failures described or referred to above. No advice or information, whether oral or written, obtained by you from MyFitNet or through or from MyFitNet.com shall create any warranty not expressly stated in these terms of use. 6. LIMITATION OF LIABILITY: In no event, including without limitation negligence, shall MyFitNet, its parents, subsidiaries, affiliates, agents, officers, directors, employees, suppliers or any third-parties be liable to any person or entity for any direct, indirect, special, exemplary, consequential or other damages (including, without limitation, personal injury or death, any lost profits, business interruption, loss of information or programs or other data on any information handling system) that arise out of or otherwise are related to the use of, or the inability to use, MyFitNet.com or its services or any linked Web site, the statements, information or advice available through MyFitNet.com or unauthorized access to the site, your transmissions, your account or your password, even if MyFitNet is expressly advised of the possibility of such damages. In no event shall MyFitNet total liability to you exceed the fees paid by you, if any, for membership, subscription or a particular product or service. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. 7. INDEMNIFICATION: You agree to indemnify, defend and hold harmless MyFitNet , its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, suppliers and any third-parties from any loss, liability, claim, demand, action or damage, including reasonable attorneys' fees, arising out of or related to (i) your use or access of MyFitNet.com or services, (ii) the use of your MyFitNet.com account, (iii) any content, information or material you receive on or through MyFitNet.com (iv) any content, information or material you post or transmit via MyFitNet.com or related email service, or (v) your breach or violation of any of these Terms of Use. 8. MODIFICATIONS AND TERMINATION: MyFitNet reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, MyFitNet.com (or any part thereof), with or without notice to you. You acknowledge and agree that MyFitNet shall not be liable to you or to any third-party for any modification, suspension or discontinuance of MyFitNet.com or its services. You further acknowledge and agree that MyFitNet, in its sole discretion and at any time without notice to you, may terminate your use of MyFitNet.com or its services, including without limitation, your password and account, and may remove or delete any content on the site or within your account, including content you have provided to MyFitNet or transmitted through MyFitNet.com. You agree that any termination of your access to MyFitNet.com or its services under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that MyFitNet may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or MyFitNet.com or its services. Upon termination, you agree to destroy all copies of material you obtain through MyFitNet.com. Further, you agree that MyFitNet shall not be liable to you or any third party for any termination of your access to MyFitNet.com and its services. Privacy Policy Thank you for visiting MyFitNet.com site. All content on the MyFitNet.com site is the property of MyFitNet. You may download and print our content for your personal, non-commercial use and are free to encourage others to access the information on our site. Our content may not be otherwise copied or modified. The content of this site including text, graphics, images, and other materials are protected by copyright under both United States and foreign law. Unauthorized use of the material may violate copyright, trademark, and other laws. Clicking on certain links within MyFitNet.com will take you to other Web sites for which MyFitNet takes no responsibility. MyFitNet.com collects information that can identify you only when it is voluntarily offered. MyFitNet.com uses this information in accordance with its privacy policy, which is described below. MyFitNet.com requests personal information when you sign up for our services, including your name, email address, and other information in order to provide you with a personalized program. We will not disclose any of your personal information unless you authorize us to do so, the law requires it, or to protect the rights or property of MyFitNet. Any non-personal information, communications or material you send to MyFitNet.com by Internet electronic mail are on a non-confidential basis. By submitting this information, you grant us the perpetual and irrevocable non-exclusive right and license to reproduce, modify and distribute it as we see fit in any form, media, or technology now known or later developed and for any lawful purpose. MyFitNet reserves the right to use comments provided by participants on the MyFitNet.com bulletin boards, chat rooms and in response to any MyFitNet.com newsletters as part of our promotion and marketing. Any information you send to MyFitNet.com must be truthful, legal, and not violate the rights of others. We strongly recommend that you consult a healthcare professional prior to using any information or advice contained in this site as not all exercises or diets are suitable for everyone. Before you begin this program, you should have permission from your doctor to participate in vigorous exercise and change of diet. If you feel discomfort or pain when you exercise, do not continue. The instructions and advice presented are in no way intended as a substitute for medical counseling. The creators, producers, participants and distributors of this Web site reserve the right to refuse membership at their discretion. MyFitNet does not assume any liability for injuries that may occur while using any information contained in this site, regardless of whether a doctor was consulted and disclaims any and all liability or loss in connection with the exercise and advice provided herein. MyFitNet reserves the right to withdraw products referred to at MyFitNet.com or change this legal statement at any time. Any changes in this Privacy Policy will be promptly disclosed in these pages. Personal Information MyFitNet takes care to respect the privacy of its online visitors and members. Information that can identify any online visitor is collected only when voluntarily offered by the visitor. In cases where MyFitNet.com may need personal information to provide visitors with services tailored specifically for them, or to inform them about new features or services, visitors are asked explicitly for that information. You are solely responsible for maintaining the secrecy of your passwords and/or account information. Please be careful and responsible whenever you are online. Non-Identifiable Information Our Web site collects non-personal information from online visitors in order to track the total of number of visitors to the site in aggregate form and identify the type of Internet browser used by the visitor. This information allows us to continuously improve our Web site. Information that can identify a visitor, such as a name or address, is not collected in this process, nor does MyFitNet require disclosure of such information. Information that can identify a visitor is collected only when the visitor provides it voluntarily. Third-Party Advertising We use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services of interest to you. We may use third-party advertising companies to serve ads on our site. These companies may employ cookies and single-pixel tags to measure advertising effectiveness. Any information that these third-parties collect via cookies and action tags is completely anonymous. Cookies We may track your visit to our Web site by giving you a cookie when you enter. Cookies are pieces of information that Web sites transfer to your computer's hard drive for record-keeping purposes. MyFitNet uses cookies to make visiting our Web sites easier as cookies help us track user trends and patterns. In addition, third-party advertising networks may issue cookies when serving advertisements. The use of cookies is now an industry standard, and you will find them used on almost every major Web site. A Special Note to Parents and Caregivers MyFitNet cares about the safety of children. Our services are only offered to those over the age of 18. Whenever children use their computers, parents should supervise their activities, especially use of the Internet, email, and other online services. Parents are responsible for keeping credit cards away from children and all unauthorized users. Our Bulletin Boards & Chat Rooms MyFitNet.com features bulletin boards that provide our visitors with the opportunity to interact with our online community. That said, we are most often a passive conduit for the information users submit. We cannot and do not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right but do not assume the obligation to restrict or prohibit your use of our site if we believe you are violating any of following terms and to remove, edit, or relocate any submission as we see fit whether for legal or other reasons. You are offered the opportunity to include your email address with your message but you are not obligated to do so. Please keep in mind that whenever you voluntarily disclose personal information online - on message boards, through email, or via chat rooms - your information can be collected by and used by others. We cannot control the actions of any third-parties. We will not sell email addresses from our bulletin boards. Similarly, you may not use any other user's information, personal or otherwise, for any commercial purpose, chain letters, junk mail, "spamming," bulk communications, or developing lists. Responsibility for what is posted in the discussion groups or other public forums lies with each user - you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use the sites in any way to send or submit materials: that are false, inaccurate or misleading; A. that are fraudulent or involve the sale of counterfeit or stolen items; B. that infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; C. that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); D. that are defamatory, libelous, threatening or harassing; E. that are obscene or contain any kind of pornography; F. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; G. that might create liability for us or might cause us to lose (in whole or in part) the services of our internet service providers or other suppliers; H. that interfere with the ability of others to enjoy our site; I. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of MyFitNet; or J. that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include. In order to encourage users to feel free to share their e-mail addresses in public posting areas, you may not use any other user's information, personal or otherwise, for any commercial purpose, chain letters, junk mail, "spamming," bulk communications, or developing lists. Your use of the site is limited to personal, not commercial purposes. Your commercial exploitation of the site is strictly prohibited. By submitting content to or through our site, you grant us the perpetual and irrevocable non-exclusive right and license to reproduce, modify and distribute it as we see fit in any form, media, or technology now known or later developed and for any lawful purpose. You also permit any other user to access, display, and print such content for personal use. You vouch that any material you submit does not violate, plagiarize or infringe upon the rights of any third party. If non-original content is included in your posting, you must obtain permission from the content owner and attribute it. How to Reach Us Please relay any questions you may have pertaining to our above stated policies to our Customer Service Department at cs@myfitnet.com. MyFitNet.com reserves the right to deny services to anyone. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE AND CONDITIONS DETAILED IN ALL OF THE ABOVE PARAGRAPHS, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SITE. Copyright 2005 MyFitNet.com. All Rights Reserved.