UtiliFIT Terms and Conditions

UtiliFIT Terms of Service and Privacy Policy

By using the utilifit.com web site, a service of Fitness Interactive Experience, Inc., you acknowledge and agree that you have read, understood and accepted these terms and conditions (“Terms of Use”).

Basic Terms

1. The services offered by utilifit.com are available to individuals aged 13 and older. If you are under the age of 13 you may only use utilifit.com’s products and services in conjunction with your parents or guardians.
2. You are responsible for any activity that occurs under your user account.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other utilifit.com users.
5. You may not use the utilifit.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the utilifit.com service.
7. You must not copy, create a derivative work of, reverse engineer, or hack utilifit.com nor modify another web site to falsely imply that it is associated with utilifit.com.
8. You must not upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to any utilifit.com users.
9. You must not interfere with or disrupt utilifit.com or servers or networks connected to utilifit.com such as the transmission of worms, viruses, or any code of a malicious, destructive or interruptive nature.
10. You must not, in using utilifit.com, intentionally or unintentionally violate any applicable local, state, national, or international law.
11. IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY. Under no circumstances should you attempt an activity that you are not physically capable of doing. By clicking I Accept, you hereby acknowledge and agree that use by you of utilifit.com and engaging in any activities in connection with, suggested by, provided by or proposed by Fitness Interactive Experience, Inc. involves risks of injury to persons and property, including those described below, and you assume full responsibility for such risks. In consideration of your participating in any way with utilifit.com for any purpose, you agree to the following: You hereby release and hold Fitness Interactive Experience, Inc., its directors, officers, employees, and agents harmless from all liability to you and your personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to your person or property, including injury leading to your death, whether caused by the active or passive negligence of Fitness Interactive Experience, Inc. or otherwise, to the fullest extent permitted by law, while you are using any of Fitness Interactive Experience, Inc.’s services.  You represent (a) that you are in good physical condition and have no disability, illness, or other condition that could prevent you from exercising without injury or impairment of health, and (b) that you have consulted a physician concerning an exercise program that will not risk injury to you or impairment of your health.  Such risk of injury includes (but is not limited to): injuries arising from use by you or others of exercise equipment and machines; injuries arising from participation by you or others in supervised or unsupervised activities or programs; injuries and medical disorders arising from exercise such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others. You further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Georgia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. You have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from this agreement have been made.

Violation of any of these agreements will result in the termination of your utilifit.com account. While utilifit.com prohibits such conduct and content on its site, you understand and agree that Fitness Interactive Experience, Inc. cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the utilifit.com service at your own risk.

General Conditions

1. We reserve the right to modify or terminate the utilifit.com service for any reason, without notice at any time.
2. Fitness Interactive Experience, Inc. reserves the right to change or modify these Terms of Use at any time, in its sole discretion, by posting changes at utilifit.com (or such other URL that Fitness Interactive Experience, Inc. may provide from time to time). Your continued use of any part of utilifit.com following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
5. As a condition of your use of the utilifit.com web site, you agree that Fitness Interactive Experience, Inc. has the right, for any purpose, to retain, use, and publish in an aggregate manner information collected from your use of the web site.
6. You agree to indemnify, defend and hold harmless Fitness Interactive Experience, Inc., its employees, officers and directors, and other users from and against any and all claims, liabilities, penalties, settlements, judgments and fees arising from (i) any content that you or anyone using your account may submit or access in the course of using utilifit.com; (ii) your use of, or inability to use, utilifit.com (iii) your violation of the Terms of Use; and (iv) any violation or failure by you to comply with all laws and regulations in connection with your use of utilifit.com.
7. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
8. UtiliFIT will send turn notifications to your cellphone via your carrier’s email to text gateway. If you do not have an unlimited texting plan your cellphone provider may charge you for receiving these texts. Fitness Interactive Experience has no control over or responsibility for this.

You agree not to use utilifit.com to:

1. upload, post, email, transmit, forward, provide links to, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. upload, post, email, transmit, forward, provide links to, store or otherwise make available any material that infringes copyrighted material or promotes the violation of the intellectual property rights of others, including but not limited to trademark and patent violations;
3. copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the Services in any manner;
4. upload, post, email, transmit, forward, provide links to, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
5. impersonate any person or entity, including, but not limited to, Fitness Interactive Experience, Inc. officials, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. upload, post, email, transmit, forward, provide links to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of utilifit.com;
7. disobey any requirements, procedures or policies or regulations connected to utilifit.com;

Copyright

1. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content that you post on or in connection with utilifit.com (IP License). This IP License ends when you delete your utilifit.com content or your account unless your content has been shared with others, and they have not deleted it. When you delete intellectual property content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
3. Fitness Interactive Experience, Inc. undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of the infringing material and information reasonably sufficient to permit Fitness Interactive Experience, Inc. to locate the material such as a web URL;
4. Your contact information, including your address, telephone number, and email;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims of copyright or other intellectual property infringement can be sent to Fitness Interactive Experience, Inc.’s Copyright Agent, at system@utilifit.com