Terms and Conditions
RIGHT OF MODIFICATION
Sites may include forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the User Content (as defined below) on these Sites, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by FIT. By posting to or viewing such forums, you agree that FIT and any of its entities are not responsible or liable for the content of any postings therein. FIT reserves the right (but not the obligation) to remove any content from such forums in its discretion.
RULES FOR ONLINE CONDUCT
You agree to use the Sites in accordance with all applicable laws. Further, you agree that you will not use the Site for organized partisan political activities. You further agree that you will not e-mail or post any of the following content ("Prohibited Content") anywhere on the Site, or on any other FIT resources:
- Content that defames, harasses or threatens others
- Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
- Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets
- Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
- Material that contains obscene (i.e., pornographic) language or images
- Advertising, promotional materials, or any form of commercial solicitation
- Content that otherwise harms other users or visitors to the Sites
- Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
- Content that probes, scans, or tests the vulnerability of any system or network
- Content that breaches or otherwise circumvents any security measures
- Content that interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of the Sites
- Content that plants malware or otherwise uses the Sites to distribute malware
Although FIT does not routinely screen or monitor content posted by users to the Site, FIT reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Sites.
In order to fully participate in all Site activities, you must register for a personal account on the Site (a "User Account") by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites.
PERMISSION TO USE MATERIALS
All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of FIT and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under the United States and foreign laws. In consideration for your agreement to the terms and conditions contained here, FIT grants you a personal, non-exclusive, non-transferable license to access and use the Sites. You may download material from the Sites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.
USER MATERIAL SUBMISSION
The Sites may also provide you with ability to upload or send information to FIT regarding the Sites or related services ("Feedback"). By submitting the Feedback, you hereby grant FIT an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.
LINKS TO OTHER SITES
The Sites may include hyperlinks to sites maintained or controlled by others. FIT is not responsible for nor does it routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites.
CHOICE OF LAW/FORUM SELECTION
Excluding claims for injunctive or other equitable relief, for claims related to the FIT Sites where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either FIT or You may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by You and FIT. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, online, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITIES
The Sites and any information, products or services therein are provided "as is" without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. FIT and their staff do not warrant, and hereby disclaim any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any site, information obtained from a site, or link to a site.
FIT does not warrant that sites will operate in an uninterrupted or error-free manner or that sites are free of viruses or other harmful components. Without limiting the foregoing, FIT does not warrant that (a) the sites will meet your requirements or expectations or achieve the intended purposes, (b) the sites will not outages or otherwise be uninterrupted, timely, secure or error-free, (c) the information or services obtained through or from the sites will be accurate, complete, current, error-free, completely secure or reliable, or (d) that defects in or on the sites will be corrected. FIT does not make any representation regarding your ability to transmit and receive information from or through the sites, and you agree and acknowledge that your ability to access the sites may be impaired. FIT disclaims any and all liability resulting from or related to such events or the access or use of the sites or any information or services related to them.
You acknowledge and agree that any access to or use of the sites or such information or services is at your own risk.
You acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this Terms of Service reflect a reasonable and fair allocation of risk between you and FIT, and that these limitations are an essential basis to FIT's ability to make its sites available to you on an economically feasible basis.
You agree that any cause of action of action related to the FIT sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
COPYRIGHT POLICY"DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials on the FIT Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FIT to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:
FIT Interactive, LLC
2342 Oak Street
Falls Church, VA 22046
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Effective as of 1 November, 2013.