PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). The site http://www.mizzFIT.com is fully controlled and operated by MizzFIT, LLC (“MizzFIT,” “We,” or “Our”). By accessing and using this site, you are hereby agreeing to be legally bound by the terms and conditions of MizzFIT. If you do not agree with all of the following terms and conditions, please do not use this site. We reserve the right, at any time and from time to time, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, the User Content Submission Agreement, other Additional Terms, Rules and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. Each time you access the Site, you are deemed to have accepted such changes. For your information, this page was last updated on December 17, 2009.
This website is for informational purposes only and is not intended to provide specific health, commercial, financial, investment, accounting, tax, or legal advice. Information on the Site is provided solely for your own personal, non-commercial use.
Advertising
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services of or obtain goods and services from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communications, interactions and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertisers).
Rules of conduct
Your use of the Site is subject to all applicable local, state and national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- impersonate a medical, health, fitness or wellness professional or employee or affiliate of MizzFIT;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- collect, store or attempt to collect and/or store personal information of any user or employee or affiliate of the Site;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
Ownership of intellectual property
All Site software, design, text, images, photographs, illustrations, audio-clips, video- clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the “Material”) are the property of MizzFIT and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to United States and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, or otherwise modify, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of MizzFIT. Use of MizzFIT and/or its licensors’ Material is only permitted with express written permission. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. The posting by MizzFIT of information or materials on the Site does not constitute a waiver of any right in the Material.
User-submitted postings
Your comments, suggestions, and information are important to us. Portions of this Site provide users an opportunity to submit, email or post information, ideas, opinions, photos, video, text, graphic, music, sound, questions, suggestions, messages, comments, feedback, notes, drawings, articles, user content, stories, plans, recipes, programs, or other material (the “Postings”), please be advised that Postings do not reflect the views of MizzFIT. Postings are the sole responsibility of the person from whom such Postings originated. This means you are solely and entirely responsible for any consequences of all Postings you upload, post, email, transmit or otherwise make available via the Site. In no event shall MizzFIT or any Affiliates assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
You agree that you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you hereby authorize MizzFIT to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, MizzFIT will have the right to use and change the Postings in any manner that MizzFIT may determine. Except as provided in our Privacy Policy, you are not entitled to any confidentiality on our part and we are not liable for any disclosure or use of the Postings. You represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (e) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to place such Posting in the public domain and to grant MizzFIT and any Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a United States passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, MizzFIT and any affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
You may use submissions by users for posting for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although MizzFIT periodically monitors the content posted on this Site, it cannot be responsible for the views or opinions expressed by third parties. Nonetheless, MizzFIT will make every effort to ensure that the Postings best serve the interests of all users and, therefore, MizzFIT reserves the right to refuse to post, edit, or delete submissions that in its sole discretion it deems inappropriate for this Site, as well as revoke the privileges of users who do not comply with such rules. You agree to indemnify and hold harmless MizzFIT and all employees, officers, owners, directors, agents, attorneys and partners from any liability, loss, damages, expense or any claim, including reasonable attorneys’ fees related to any Posting either of your own or Postings of others and any action or reliance thereon.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement or if you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@mizzFIT.com.
Third parties
Parties other than MizzFIT may provide links to their websites, operate stores, provide services, or sell product lines on this Site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by MizzFIT or any affiliates of the opinions or views expressed by these third party websites and MizzFIT does not verify, endorse, warrant or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, MizzFIT is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither MizzFIT nor any affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, MizzFIT will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites. MizzFIT is not responsible for examining or evaluating third parties or their websites. MizzFIT does not assume any responsibility or liability for the actions, product, service and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Your use of any third party website is at your own risk.
Viral features
There may be portions of our Site, content, functionality or features (e.g., digital streaming media player(s)) (“Viral Features”) that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Viral Features), you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.
Disclaimer and limitation of liability
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MizzFIT is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIZZFIT, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MIZZFIT OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall MizzFIT’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site. You must be at least Thirteen (13) years of age to use this Site. MizzFIT may terminate your access and/or prohibit you from using the Site for any reason at any time.
RSS feeds and Podcasts
The Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”), which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s computer or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.
Content is protected by United States Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to MizzFIT or the content provider. Content is available for personal, noncommercial use only and you may download, copy and/or transfer the RSS Feeds and associated Content to a portable listening or viewing device or a computer for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that MizzFIT, the Parent Companies and the affiliates do not warrant that their RSS Feeds will operate on all user equipment.
Member connections
The Site provides features that allow users to post events and arrange meetings (“Meetings”). MizzFIT does not supervise or otherwise have any control over the Meetings. As MizzFIT has no control over the Meetings, we take no responsibility for (a) the identity or actions of the individuals; (b) who can or cannot attend the Meetings; (c) the venue; (d) content, manner and disclosure of communications and information contained therein; (e) transportation to and from Meetings; (f) safety of anyone attending a Meeting; (g) and/or what transpires at the Meetings. You are responsible for your involvement and all information disclosure and communication and occurrences between you and other users. MizzFIT cannot verify the age, identity or any other personal information of anyone attending or posting a Meeting or the validity of the Meeting, its location, and content thereof. Your involvement with any Meeting is at your own risk. You agree to release MizzFIT and any affiliates from all claims, damages, and actions at law, demands or other conflict arising out of or in anyway connected to a Meeting.
You are solely responsible for all interactions of any kind in any way with any other user of the Site. MizzFIT reserves the right to, but has no obligation to take any action that we deem appropriate, in our sole discretion to protect MizzFIT, its employees, agents, third party contacts, the Site, other users, officers, and any affiliates in accordance with our Terms of Use, including termination or prohibited use of the Site.
Indemnification
You agree to indemnify, defend, and hold harmless, MizzFIT, any affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. MizzFIT reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MizzFIT in asserting any available defenses.
Health disclaimer
WE ARE NOT MEDICALLY TRAINED. WE ARE NOT A MEDICAL ORGANIZATION. WE ARE NOT PROVIDING ANY MEDICAL ADVICE, SUGGESTIONS, RECOMMENDATIONS OR DIAGNOSIS. We only provide information about our experience and opinions regarding gyms, exercise programs, and fitness related topics. The information on the Site is intended for information purposes only and is not intended as a substitute for medical advice. The information contained on the Site should not be construed as advice from a licensed medical professional, certified personal trainer, nutritionist or other health, fitness or wellness professional. You are urged to consult a physician before starting any weight loss or fitness regimen.
Governing law
These Terms of Use shall be governed and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity or any proceeding arising out of your relating to your use of the Site shall be filed only in the state and federal courts in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Miscellaneous
If any term of this Agreement is held to be illegal or unenforceable, such holding shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. These Terms of Use and the Privacy Policy are the entire agreement between you and MizzFIT relating to the Site and all other matters contained herein. We may assign our rights and obligations under these Terms and Conditions and these Terms and Conditions will be effective for the benefit if our successors, assigns and licensees. The failure of any party to insist on or enforce or failure to exercise any right hereunder does not waive or relinquish to any extent such party’s right to assert or rely upon any provision or right in that or any other instance and as such will remain in full force and effect.