Fishfit Terms and Conditions | https://fishfit.com | Update Jan 20, 2015
Only individuals thirteen (13) years of age or older may use the website. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms. Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.
Subject to these Terms, FishFit grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the website for personal use only. Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Application features, such as preferences, account management and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information if provided), GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to FishFit, including its agents and third-party partners, and consents to FishFit, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the FishFit Privacy Policies identified in this Agreement.
The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on ANY DEVICE OR TECHNOLOGY by the website. This includes any and all unauthorized purchases made from the website. The User agrees to immediately notify FishFit of any suspected unauthorized transactions associated with the Application or any other breach of security. FishFit shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the website application. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the their computer or device.
Use of the Application is limited to the contemplated functionality. The website shall not be used in any way that,
1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access unauthorized content or non-public spaces;
- uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, or impair FishFit servers or networks;
- attempts to gain unauthorized access to a FishFit computer network;
- attempts to gain unauthorized access to FishFit user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms in any manner; or
- fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
FishFit reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, that FishFit reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by FishFit (for example, in product marketing campaigns). User grants FishFit and its successors a worldwide, irrevocable, transferrable, sub-licensable, fully-paid and royalty-free and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and/or prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
User agrees to indemnify and hold harmless FishFit, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. FishFit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
FISHFIT IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, FISHFIT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL FISHFIT OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. FISHFIT, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall FishFit, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.
User hereby waives, to the fullest extent that User may lawfully do so, any causes of action in law or equity User may have or may hereafter acquire against FishFit or any of its respective employees, agents, affiliates, successors and assigns, which such causes of action may include but is not limited to, injury, illness, libel, slander, invasion of privacy, intellectual property infringement, right of publicity, or false light arising out of or in connection with this Application.
It is User’s responsibility to obtain a physical examination from a doctor before participating in any exercise activity. User agrees that by participating in physical exercise or training activities, User does so entirely at its own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely User’s responsibility and User should consult a physician prior to undergoing any dietary or food supplement changes. User agrees that User is voluntarily participating in any activities related to this Application and User assumes all risks, including but not limited to injury, illness or death.
FishFit, the FishFit logo, and other FishFit trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of FishFit, LLC or other companies of FishFit (collectively “FishFit Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The FishFit Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of FishFit or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by FishFit or the owner of the Content.
Choice of Law, Jurisdiction
These Terms are governed by the laws of the State of Arizona, United States of America, without regard to Arizona conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in Maricopa, Arizona, United States of America and the federal courts in the state of Arizona, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
Severability and Waiver
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of FishFit to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
FishFit reserves the right to change or modify these Terms or any other FishFit terms, conditions, or policies related to use of the Application (including those identified in this Agreement) at any time and at its sole discretion by posting revisions on the FishFit website (https://fishfit.com) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of FishFit shall have any legal effect as a waiver by FishFit of any Terms of this Agreement.
Third Party Beneficiary
User agrees that FishFit’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, No Liability and Release.
If you have any questions regarding our privacy practices, you can email us at contact (at) fishfit (dot) com.