Welcome to the Free Fitness Tracker website. Once signed up as a user, you will be able to use the website to set fitness goals, and track and measure your progress - all for free. With Free Fitness Tracker you can record your exercise goals and actual workouts, view your workout history, chart your fitness performance and progress over time, and learn from our extensive fitness library. You can change your profile information at any time, add exercises to your workout and regularly update your fitness progress.
This Terms of Use sets forth the legally binding terms for your use of the Free Fitness Tracker Services ("Services"). By accessing or using the Services, you (the "User") agree that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered user of the Free Fitness Tracker website.
Free Fitness Tracker reserves the right to change, modify, add, or delete portions of these Terms of Use at any time without further notice. As a User, you agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. If you do not agree to these or any future Terms of Use, do not use or access (or continue to use or access) the Services or the website. You should regularly check the website to determine if there have been changes to these Terms of Use and review such changes.
Please read this Agreement carefully. If you do not agree with it, you should leave the Free Fitness Tracker Website and, if applicable, discontinue use of the Services immediately. If you wish to become a User, and make use of the Services, you must read this Agreement and indicate your acceptance during the registration process. Free Fitness Tracker reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Use of the Services is void where prohibited. Free Fitness Tracker is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the webite, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. Your profile may be terminated and your logged information may be deleted without warning, if we believe that you are under 18 years of age. Free Fitness Tracker reserves the right to refuse Services to any individual.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the website; (b) maintain the security of your password and other persnal information; (c) be fully responsible for all use of your account and for any actions that take place using your account.
You are entirely responsible for maintaining the confidentiality of your username and password. You agree not to use the account, username, or password of any other user at any time or to disclose your username and password to any third party. You agree to notify Free Fitness Tracker immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
All content on the website and available through the Services, including but not limited to designs, text, graphics, pictures, video, information, applications, software, and other files, and their selection and arrangement (the " User Content"), are the proprietary property of Free Fitness Tracker, with all rights reserved. No User Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Free Fitness Tracker's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally log on the website.
Free Fitness Tracker does not claim any ownership rights in the text, files, images, photos, videos, or any other materials that you post to the Services (collectively, "User Content"). After posting your User Content to the Services, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By displaying or publishing ("posting") any User Content on or through the Services, you hereby grant to Free Fitness Tracker a limited license to use, modify, publicly display, reproduce, and distribute such User Content solely on and through the Services. The license you grant to Free Fitness Tracker is non-exclusive (meaning you are free to license your User Content to anyone else in addition to Free Fitness Tracker), fully-paid and royalty-free (meaning that Free Fitness Tracker is not required to pay you for the use on the Services of the User Content that you post). This license will terminate at the time you remove your User Content from the Services. The license does not grant Free Fitness Tracker the right to sell your Content, nor does the license grant Free Fitness Tracker the right to distribute your User Content outside of the Services.
We respect the intellectual property rights of others, and prohibit any posting, sharing, transmitting of any material on Free Fitness Tracker that violates another party's intellectual property rights. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement please provide the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Services; (c) your contact information; (d) a statement by you, made under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
When we receive proper notification of copyright infringement, we promptly remove the infringing material, and terminate the accounts of repeating infringing users in accordance with the Digital Millennium Copyright Act (DMCA).
Free Fitness Tracker may delete any User Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Free Fitness Tracker assumes no responsibility for monitoring the Services for inappropriate User Content or conduct, and no responsibility for the conduct of users submitting any such User Content. Free Fitness Tracker reserves the right to investigate and take appropriate legal action against anyone who violates this provision including removing the offending content from Free Fitness Tracker and terminating the account of the violating user. Prohibited content and activity includes but not limited to:
The Free Fitness Tracker site is intended only for personal use by users, and may not be used in any commercial endeavors, unless specifically approved by Free Fitness Tracker. Commercial advertisements, affiliate links, and other forms of advertising will be removed from user profiles without notice, and may result in termination of user accounts.
We respect the privacy of our users. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Free Fitness Tracker is not responsible or liable in any manner for any User Content, software or content posted on the website whether caused by users of the website, by Free Fitness Tracker, or by any of the programming associated with or utilized in the Services. Although we provide rules for proper user conduct and postings, we do not control and are not responsible for what users post or share on the Free Fitness Tracker website. We are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the website. Free Fitness Tracker is not responsible for the conduct of any users of the website or Service online or offline. Free Fitness Tracker is not responsible for the content, accuracy, or opinions expressed by the users.
Free Fitness Tracker is not responsible for links posted to other websites in User Profiles, and is not responsible for the content, accuracy or opinions expressed on such 3rd party websites. You access these 3rd party websites at your own risk. Free Fitness Tracker takes no responsibility for 3rd party advertisements posted on the site, nor does it take any responsibility for the goods or services provided by its advertisers.
The website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Free Fitness Tracker is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication and User Content. We are not responsible for any technical malfunctions or other problems of any telephone network, computer systems, servers or provides, computers, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances will Free Fitness Tracker be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the website or the Service, from any User Content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.
The Services are provided "as-is" and as available, and Free Fitness Tracker disclaims any and all representations and warranties, whether express or implied, any warranty of fitness for a particular purpose or non-infringement. Free Fitness Tracker cannot guarantee and does not promise any specific results from use of the Services. We do not warrant that software, content or materials on the website, or the service are accurate, complete, reliable, current or error free or that the website or Services its servers are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials, data or software from or through the Service, and you do so at your own discretion and risk, and you will be solely responsible for your use thereof and any damages to your computer system, loss of data or other harm of any kind that may result.
IN NO EVENT WILL FREE FITNESS TRACKER BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOST DATA DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FREE FITNESS TRACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold Free Fitness Tracker, its subsidiaries and affiliates, harmless from any loss, liability, claim, damages, or demand, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content that you post on or download from the website or through the Services causes Free Fitness Tracker to be liable to another.
You are solely responsible for your interactions with other users. Free Fitness Tracker reserves the right, but has no obligation, to monitor disputes between you and other users.
This agreement is accepted upon your use of the website or any of the Services and is further affirmed by you becoming a user, and constitutes the entire agreement between you and Free Fitness Tracker regarding the use of the website and/or the Service. The failure of Free Fitness Tracker to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.