Terms of Use | FitBound

Welcome to the Fitbound Holdings, Inc. (referred to as “us”, “our”, “we”, “FHI”) website,

including the website, our pages on Facebook and Twitter, and any other social media platforms

(collectively, the “Sites”). Your use of the Sites is governed by and subject to this Terms of Use

(“TOU”), the Privacy Policy, which is referenced below, and all applicable laws. By accessing and

using the Sites you accept the TOU and Privacy Policy.

PLEASE READ CAREFULLY. No person under the age of 13 should use the Sites without the

consent of their parent or legal guardian. Use of the Sites shall be deemed to be a representation that

the user is 13 years of age or older. Should you object to any term or condition of the TOU or

1) Modification and Availability of Sites. We reserve the right to delete or amend the Sites, and

any service or material that we provide on the Sites, in whole or in part, in our sole discretion

and without notice to you at any time. We will not be liable if, for any reason, all or any part of

the Sites are unavailable at any time or for any period.

2) Changes to Terms. We reserve the right, in our sole discretion, to change, modify, or alter the

TOU or Privacy Policy at any time. Such changes shall become effective immediately upon the

posting thereof without any specific notice to you. The most current version of the TOU and

and Privacy Policy on a regular basis to keep yourself apprised of any changes.

3) Privacy Policy. Please review our Privacy Policy for information on how we collect, use, and

disclose information from our users. You acknowledge and agree that your use of the Sites is

4) Intellectual Property Ownership and Rights. Subject to your adherence to the terms of this

TOU, you are granted a nonexclusive, nontransferable, non-sublicensable, revocable license to

use the Sites for personal, noncommercial use only. The Sites and their entire contents, features

and functionality (including but not limited to all information, software, text, displays, images,

video and audio, and the design, selection and arrangement thereof) are owned by FHI, its

licensors or other providers of such material, and are protected by United States and

international copyright, trademark, patent, trade secret and other intellectual property or

proprietary rights laws. No right, title or interest in or to the Sites or any content on the Sites is

transferred to you, and all rights not expressly granted, are reserved by FHI.

5) Prohibitions. The license granted to you herein is conditioned upon your proper conduct and

compliance with the terms of this TOU at all times, as judged by FHI in its sole discretion and

judgment. We reserve the right to suspend or deny, in our sole discretion, your access to all or

any portion of the Sites. FHI will revoke the license with or without notice, in its sole

a. are under age 18 and have not obtained the consent of your parent or legal guardian;

b. do anything that could disable, overburden, damage, or impair the Sites or interfere

with any person’s use of or access to the Sites, including, without limitation, sending

a virus, overloading, flooding, spamming, or mail-bombing the Sites;

c. use any robot, spider or other automatic device, process or means to access the Sites

for any unlawful purpose or in violation of this TOU;

d. introduce any viruses, trojan horses, worms, logic bombs or other material which is

malicious or technologically harmful;

e. copy, reproduce, alter, modify, transfer, lease, loan, sell, create derivative works, or

publicly display any content from the Sites or a portion of the Sites;

f. alter or modify the copyright notices and any other proprietary legends that appear

g. access the Sites by any means other than through the public interfaces we provide to

h. send any unsolicited or unauthorized advertising, promotional materials, email, junk

mail, spam, chain letters or other form of solicitation to the Sites or using the Sites;

i. use the Sites for any commercial purpose or the benefit of any third party or in any

manner not permitted by this TOU;

j. frame, mirror or use framing techniques on any part of the Sites without FHI’s

express prior written consent;

k. make any use of data extraction, scraping, mining or other data gathering tools, or

create a database by systematically downloading or storing Sites’ content, or

otherwise scrape, collect, store or improperly use any content;

l. use any meta tags or any other hidden text utilizing FHI’s name or marks;

m. misrepresent the identity of a user, impersonate any person or entity, falsely state or

otherwise misrepresent your affiliation with any person or entity in connection with

the Sites, or express or imply that we endorse any statement you make;

n. violate or attempt to violate the security of the Sites, including, without limitation: (i)

accessing data not intended for you or logging onto a server or an account that you

are not authorized to access; (ii) trying to change the behavior of the Sites; (iii)

attempting to probe, scan, or test the vulnerability of a system or network, or to

breach security or authentication measures; (iv) avoid, bypass, remove, deactivate,

impair, descramble or otherwise circumvent any technological measure implemented

by FHI or any of FHI’s providers or any other third party (including another user) to

protect the Sites; (v) attempt to decipher, decompile, disassemble or reverse engineer

any of the software used to provide the Sites; or (vi) forge any header or any part of

the header information in any email or post or forge communications on behalf of

the Sites (impersonating the Sites) or to the Sites (impersonating another user)

o. tamper with the Site or use or attempt to use any device, software, routine or data

that interferes or attempts to interfere with the working or functionality of the Sites

or any activity being conducted on the Site;

p. harvest or collect personally identifiable information about other users of the Sites;

q. are located in a country embargoed by the United States or if you are on the U.S.

Treasury Department's list of Specially Designated Nationals;

r. have previously had your license to the Sites revoked by FHI;

s. engage in any act that FHI deems to be in conflict with the spirit or intent of the

terms of this TOU or the Sites, including, but not limited to, circumventing or

manipulating this TOU or our policies;

t. transmit via or through the Sites any information, data, text, files, links, software,

chat, communication or other materials that is or that FHI considers to be unlawful,

harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or

ethnically hateful or otherwise objectionable; or

u. fail to comply with any of the provisions of this TOU.

6) Termination. We reserve the right, without notice and in our sole discretion, to terminate

your use of the Sites and to block or prevent future access to and use of the Sites (i) if you

violate any of the terms of this TOU, (ii) for any other reason, or (iii) for no reason. Upon

any such termination, your right to use the Sites will immediately cease. You agree that we

shall not be liable to you or any third party for any termination of your access to the Sites.

Upon termination, all provisions of the TOU which are by their nature intended to survive

termination, all representations and warranties, all limitations of liability and all indemnities

7) Information on Sites. The information presented on or through the Sites is made available

solely for general information purposes. We do not make any statements regarding the

accuracy, completeness or usefulness of this information. Any reliance you place on such

information is strictly at your own risk.

8) Links to Third-Party Websites. The Sites may contain links and interactive functionality

with the websites of third parties, including social sites. These links are provided for your

convenience only. We have no control over the contents of those sites or resources, and

accept no responsibility for them or for any loss or damage that may arise from your use of

them. The links and interactive functionality for third-party sites on the Sites do not

constitute an endorsement by FHI of such third-party sites. Other sites may link to the Sites

with or without our authorization, and we may block any links to or from the Sites. If you

decide to access any third-party websites linked to the Sites, you do so entirely at your own

risk and subject to the terms and conditions of use for such third-party websites.

9) Links to the Sites. You may link to the homepage or our primary website provided you do

so in a way that is fair and legal and does not damage our reputation or take advantage of it,

but you must not establish a link in such a way as to suggest any form of association,

approval or endorsement on our part (unless you have received the express written consent

from FHI). Subject to the foregoing, you must not: (i) establish a link from any website that

is not owned by you; (ii) cause the Sites or portions of them to be displayed, or appear to be

displayed by, for example, framing, deep linking or in-line linking, on any other site, (iii) link

to any part of the Sites other than the homepage, (iv) establish a link to a website that is an

Unauthorized Site; or (v) otherwise take any action with respect to the materials on the Sites

that is inconsistent with any other provision of this Policy. You agree to cooperate with us in

causing any unauthorized framing or linking immediately to cease. We reserve the right to

withdraw linking permission without notice. We may disable all or any social media features

and any links at any time without notice in our discretion.

For purposes of this provision, an Unauthorized Site is one which, in FHI’s sole opinion, (i)

contains offensive, inappropriate, pornographic, sexually explicit, or illegal content, (ii)

promotes or endorses hatred, violence, harassment, racism, sexism, or sexual, religious,

political, sexual orientation, sexual identity, or national origin intolerance, (iii) supports or

affiliates with organizations that hold any of the preceding views, (iii) contains content which

constitutes a breach of any person's privacy or publicity rights or an infringement or any

third party's intellectual property or proprietary rights of any kind, including without

limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or

moral rights; or (iv) violates or encourages others to violate any applicable law.

10) Digital Millennium Copyright Act (“DMCA”) Notice. Copyright-infringing materials

found on the Sites can be identified and removed via our process listed below, and you agree

to comply with such process in the event you are involved in any claim of copyright

infringement to which the DMCA may be applicable. If you believe any materials accessible

on or from the Sites infringe your copyright, you may request removal of those materials (or

access thereto) from the Sites by submitting written notification to our Copyright Agent

(designated below). To file a DMCA notice, the copyright owner must send in a written

letter by fax, regular mail or email only. We reserve the right to ignore a notice that is not in

compliance with the DMCA, and we may, but are not obligated to, respond to a non-

compliant notice. The written notice must include substantially the following: (i) your full

legal name and your physical or electronic signature, (ii) identification of the copyrighted

work you believe to have been infringed or, if the claim involves multiple works on the Sites,

a representative list of such works, (iii) identification of the material you believe to be

infringing, in a sufficiently precise manner to allow us to locate that material, (iv) adequate

information by which we can contact you (including your name, postal address, telephone

number and, if available, e-mail address), (v) a statement that you have a good faith belief

that use of the copyrighted material is not authorized by the copyright owner, its agent or the

law, (vi) a statement that the information in the written notice is accurate, (vii) and a

statement, under penalty of perjury, that you are authorized to act on behalf of the copyright

Upon receiving a claim of infringement, FHI may, in its discretion, remove or disable the

material claimed to be infringed. We may also share the notice with the owner of the

material. Anyone making a false or fraudulent notice or counter-notice may be liable

for damages under the DMCA, including costs and attorneys’ fees. Any person who is

unsure of whether certain material infringes a copyright held by such person or a third party

Our designated Copyright Agent to receive DMCA Notices is:

3000 Spout Run Pkwy, Arlington VA, 22201

11) DMCA Counter-Notice. If FHI removes or disables the material claimed to be infringing,

we may take reasonable steps to notify the owner of the material of the claim, and the owner

will then have the option to send us a counter-notice why the content does not infringe

another’s intellectual-property rights and requesting reinstatement of the content. If you

believe that material you posted on the Sites was removed or access to it was disabled by

mistake or misidentification, you may file a counter-notice by submitting written notification

to our Copyright Agent (identified above). The Counter-Notice must include substantially

the following: (i) your full legal name and physical or electronic signature, (ii) an

identification of the material that has been removed or to which access has been disabled

and the location at which the material appeared before it was removed or access disabled,

(iii) adequate information by which we can contact you (including your name, postal address,

telephone number and, if available, e-mail address), (iv) a statement under penalty of perjury

by you that you have a good faith belief that the material identified above was removed or

disabled as a result of a mistake or misidentification of the material to be removed or

disabled, and (v) the following statement: “I consent to the jurisdiction of the Federal

District Court for the judicial district in which my address listed in this notice is located, or if

my address is outside of the United States, for any judicial district in which FHI may be

found, and I will accept service of process from the person who provided notification of

infringement or an agent of such person.”

If we receive a counter-notice under these provisions, we may send a copy of the counter-

notice to the original complaining party informing that person that we may replace the

removed material or cease disabling it in 10 business days. Unless the original complaining

party files an action seeking a court order against the individual or entity who placed the

content, the removed material may be replaced or access to it restored in 10 to 14 business

days after receipt of the counter-notice, at FHI’s discretion.

12) Disclaimer of Warranties. YOUR USE OF AND ACCESS TO THE SITES IS AT

YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS. FHI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY

KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO

WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, DATA

ACCURACY AND SYSTEM INTEGRATION, AND WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER

FHI NOR ANYONE ASSOCIATED WITH FHI PROMISES, REPRESENTS OR

WARRANTS THAT THE SITES OR CONTENT OBTAINED THROUGH THE

SITES OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-

FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT

THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR

ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR

NEEDS OR EXPECTATIONS.

13) Limitation of Liability. IN CONSIDERATION FOR YOUR USE OF AND ACCESS

TO THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FHI AND ITS

AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS, PARENTS,

SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,

REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS, OR ANY OTHER

PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE

(COLLECTIVELY, THE “FHI PARTIES”) SHALL NOT BE LIABLE FOR ANY

DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR

EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR

LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA OR OTHER

INTANGIBLE LOSSES IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER

CAUSE OF ACTION, ARISING FROM THE USE OR THE INABILITY TO USE THE

SITES, THE INTERRUPTION, MODIFICATION, OR TERMINATION OF THE

SITES OR ANY OTHER MATTER RELATING TO THE SITES. THIS LIMITATION

OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR

INJURY CAUSED BY ANY ERROR, OMISSION, OR OTHER FAILURE OF

PERFORMANCE BY THE FHI PARTIES, INCLUDING, BUT NOT LIMITED TO,

ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR

TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE, ANY

COMPUTER VIRUS, AND ANY THEFT, DESTRUCTION, OR ALTERATION OR,

OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or

exclusion of liability for incidental or consequential damages. Accordingly, in such

jurisdictions, the liability of the FHI Parties shall be limited to the maximum extent

14) Governing Law, Venue, and Jurisdictional Issues. This TOU shall be construed and

governed by the laws of the Commonwealth of Virginia, without regard to the principles of

conflict of laws thereof. You agree and accept that any legal action or proceeding shall be

brought in the federal and state courts of Virginia, Arlington County and you expressly

waive any objection to personal jurisdiction, venue, or forum non conveniens. FHI does not

represent or warrant that the Sites or any part thereof is appropriate or available for use in

any particular jurisdiction. In choosing to access the Sites, you do so on your own initiative

and at your own risk, and you are responsible for complying with all local laws, rules and

regulations. We may limit the Sites’ availability, in whole or in part, to any person, geographic

area or jurisdiction we choose, at any time and in our sole discretion.

15) Miscellaneous. This TOU, including the Privacy Policy and other policies incorporated

herein, constitute the entire agreement between you and FHI with respect to the Sites and

supersede all prior or contemporaneous understandings, agreements and proposals with

respect to the Sites. No failure or delay in exercising any right or privilege under this TOU

shall operate as a waiver thereof, nor shall any single or partial exercise of any right or

privilege under this TOU preclude any other or further exercise thereof or the exercise of

any other right or privilege. If any provision of this TOU shall be deemed invalid or

unenforceable as written, it shall be construed, to the greatest extent possible, in a manner

that shall render it valid and enforceable. The invalidity or unenforceability of any such

provision shall have no effect on the validity or enforceability of any other provision of this

TOU. You may not assign, transfer, or sublicense any of your rights or obligations under this

TOU without our express prior written consent. Any cause of action you may have with

respect to your use of this Sites or that is the subject of this TOU must be commenced

within one (1) year after the claim or cause of action arises.