PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO THE FitWatch Free Tracker. BY SUBSCRIBING TO THE TRACKER, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE TRACKER. IF YOU DO NOT COMPLY WITH THIS AGREEMENT, WE RESERVE THE RIGHT TO TERMINATE THIS AGREEMENT. FITWATCH INC. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. GENERAL DISCLAIMER
The information and tools provided by FitWatch Inc. are strictly for informational/educational purposes and are in no way intended to replace medical counseling. Always consult a medical professional before making any major changes to your lifestyle or if you have any questions related to your health. While the utmost care is taken to make sure the information presented in the Tracker is correct, errors can occur.
You must be 18 years of age or over to use the tracker.
2. HEALTH DISCLAIMER
FitWatch Inc. is not a medical organization. The services provided by FitWatch Inc., including but not limited to the FitWatch Free Tracker are for informational/educational purposes. Nothing contained within the FitWatch Free Tracker should be construed as medical advice or diagnosis, and it should not be used to make such diagnosis. Please consult a medical professional for such services.
Those under 18, pregnant or breastfeeding women or individuals with medical problems should not use the FitWatch Free Tracker without first consulting with a medical professional.
3. SUBSCRIPTION FEES FOR FITWATCH FREE TRACKER
There is no fee to subscribe to the FitWatch Free Tracker. However, you agree to keep an up-to-date e-mail address listed in the tracker. You also agree that, on occasion, e-mail will be sent to you through FitWatch promoting either a FitWatch product or third party products or offers. E-mail addresses will not be sold. An e-mail address that results in undeliverable messages will result in the cancellation of your account.
To cancel your subscription, please go to Options in the menu and then select Cancel Subscription. Follow the quick and easy instructions to cancel your account.
FitWatch Inc. reserves the right to cancel any account, at any time.
4. USERNAME, PASSWORD, ACCESS
You agree that your username and password: a) is to be used for your personal, non-commercial use, as long as all terms are met, b) is non-transferable and c) is not to be shared with others. You are responsible for and will pay any fees that you incur to access the Internet in order to use the FitWatch Free Tracker. You are also responsible for maintaining and operating any equipment that is needed to access the FitWatch Free Tracker, such as, but not limited to, computer equipment.
5. LOSS OF DATA
While FitWatch Inc. will do its utmost to keep back-ups of databases, it cannot be held responsible for any loss of data that incurs due to computer difficulties, especially as the result of a third party host.
6. MAINTENANCE
FitWatch Inc. reserves the right to delete data older than four months in order to maintain database integrity, if necessary.
You understand that on rare occasions the service may be down due to maintenance or unforeseen circumstances, either with or without an e-mail warning. In these instances, service will be restored in the briefest time delay.
7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless FitWatch Inc., its officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the FitWatch Free Tracker from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the FitWatch Free Tracker.
Notwithstanding the above paragraph, the total liability of FitWatch Inc. and its officers, directors, employees, agents, licensors, suppliers and any
third party information providers, if any, for losses or damages shall not exceed the fees paid by you for the service provided.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. FitWatch Inc. PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND FitWatch Inc. SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
FitWatch Inc. DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL FitWatch Inc. BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF FitWatch Inc. OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, FitWatch Inc. LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
8. MISCELLANEOUS
This Agreement shall all be governed and construed in accordance
with the laws of Canada applicable to agreements
made and to be performed in Canada. You agree that any legal
action or proceeding between FitWatch Inc. and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in Canada. Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. FitWatch Inc.'s failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. FitWatch Inc. may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
FitWatch Inc.
1900 Seguin
Brossard, QC
Canada J4X 1K8
fitwatch@fitwatch.com