Terms of Service Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO THE FITWATCH FITNESS 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 Fitness Tracker are for informational/educational purposes. Nothing contained within the FitWatch Fitness 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 Fitness Tracker without first consulting with a medical professional.
3. SUBSCRIPTION FEES
Subscriptions are automatically renewed every one month or every three months, depending on which membership type was chosen, and it is your responsibility to cancel your subscription before the next payment date or before the free 7 day trial, if you so desire.
PayPal Subscribers: You may cancel your subscription by logging in to your PayPal account at www.paypal.com OR by logging in to your FitWatch account and selecting Settings/Account Settings, and then following the quick and easy instructions you'll find on that page in the Cancel Account section. Contact email@example.com if you need assistance.
2Checkout.com Subscribers: You may cancel your subscription by logging into your FitWatch account and selecting Settings/Account Settings, and then following the quick and easy instructions you'll find on that page in the Cancel Account section. Contact firstname.lastname@example.org if you need assistance.
Payments made by credit card on our secure site (other than via PayPal or 2CheckOut.com): You may cancel your subscription by logging into your FitWatch account and selecting Settings/Account Settings, and then following the quick and easy instructions you'll find on that page in the Cancel Account section. Contact email@example.com if you need assistance.
Canceling a membership is not the same as requesting a refund. Canceling a subscription will allow you to complete the subscription but your subscription will not be renewed at the end of the term.
FitWatch Inc. reserves the right to increase fees at any time.
4. REFUND POLICY
Monthly subscription fees are not refundable. Tri-monthly subscription refunds will be given, upon request, for any remaining full months of the subscription period, minus any online processing fees that have been incurred. For example, a refund requested during the second month of the subscription period will result in a refund for the third month of the membership, minus any online processing fees.
All refunds will be issued via the payment system used. To ask for a refund, please contact firstname.lastname@example.org. If you do not receive a reply within 24 hours, please contact email@example.com. FitWatch Inc. is not responsible for lost e-mails.
5. 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 Fitness Tracker. You are also responsible for maintaining and operating any equipment that is needed to access the FitWatch Fitness Tracker, such as, but not limited to, computer equipment.
6. 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.
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.
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 Fitness 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 Fitness 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.
9. 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.
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.
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