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  • FIT Kits® - Making life more meaningful

    Terms and Conditions

    Thank you for visiting the FIT Interactive website. Please read this Terms of Use policy carefully before using the site or submitting any personal information by FIT Interactive, LLC ("FIT") at entry-point URL (http:www.fitkits.org) and its related websites ("site" or "sites"). By using and participating in the site(s), you signify and acknowledge that you are have read and are accepting the practices described in this Terms of Use policy, that the Terms of Use constitutes a binding legal agreement between You and FIT, and that You agree to be bound by and comply with the Terms of Use. If you do not agree to be bound by the Terms of Use, please do not access or use the site(s).

    These practices may be changed, but any changes will be posted and will only apply to activities and information on a going forward not retroactive basis. You are encouraged to review the Terms of Use policy whenever you visit the site.

    AGE RESTRICTIONS

    RIGHT OF MODIFICATION

    DISCLAIMER

    RULES FOR ONLINE CONDUCT

    USER ACCOUNTS

    PRIVACY POLICY

    PERMISSION TO USE MATERIALS

    USER MATERIAL SUBMISSION

    LINKS TO OTHER SITES 

    CHOICE OF LAW/FORUM SELECTION  

    DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITIES  

    COPYRIGHT POLICY 

    INDEMNIFICATION 

    TERMINATION RIGHTS 

     

     

    AGE RESTRICTIONS

    Registration and participation on the Sites is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Sites, you hereby represent that you are over 18 years of age, an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 13 as the Site is not intended for children under 13. If you are under 13 years of age, please do not use the Sites. In addition, those who wish to register and participate must meet the minimum requirements laid out in the Terms of Use (this document). If you do not qualify or do not agree to these terms, you may not use the Site.

     

    RIGHT OF MODIFICATION

    We reserve the right to change or modify the Terms of Use at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Use.

     

    DISCLAIMER

    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.

    In addition, as a condition of accessing the Sites, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under these Terms of Use; (b) use FIT's or any of its entity's name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page; or (e) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

    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. 

     

    USER ACCOUNTS

    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.

     

    PRIVACY POLICY

    You understand that any personal information you submit to FIT on the Sites will be treated by FIT in the manner described in the Privacy Policy at the end of the Terms and Conditions.

     

    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 provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials you post on the Sites' public forums such as the wiki or the discussion forums ("User Content"). With respect to User Content you submit or otherwise make available in connection with your use of the Site, and subject to the Privacy Policy, you grant FIT a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. To the extent that you provide User Content, you represent and warrant to FIT that (a) you have all necessary rights, licenses and/or clearances to provide and use User Content and permit FIT to use such User Content as provided above; (b) such User Content is accurate and reasonably complete; (c) as between you and FIT, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice.

    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

    Sites are managed by FIT, located in Falls Church, Fairfax County, Virginia. You agree that any dispute arising out of or relating to these Terms of Use or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Virginia, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Fairfax County, Virginia as the legal forum for any such dispute.

    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.

    Except as prohibited by law, you agree that FIT will not be liable to you for any loss or damages arising out of or relating to these Terms of Use or your (or any third party's) use or inability to use a site, data loss, your placement of content on a site, your reliance upon information obtained from or through a site, or any other potential claims related to the sites.
    Except as prohibited by law, FIT will not have liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these Terms of Use, your use or inability to use any site, any purchases on this site, or your reliance upon information obtained from or through any site, whether based in contract, tort, statutory or other law, except only in the case of death or personal injury where and only to the extent that applicable law requires such liability. FIT's total cumulative liability arising out of or related to the user's use of its sites will not exceed twenty U.S. Dollars ($20.00).

    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:

    Copyright Agent
    FIT Interactive, LLC
    2342 Oak Street
    Falls Church, VA 22046
    (703) 533-3225

    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.

     

    INDEMNIFICATION

    You agree to indemnify, defend and hold harmless FIT, its respective subsidiaries and affiliates, and each of their respective officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys' fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Sites in violation of the Terms of Use; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Sites, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

     

    TERMINATION RIGHTS

    You agree that FIT, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason and that FIT shall not have any liability to you for any such action. You further acknowledge that your sole relationship with FIT is as defined in these Terms of Use; for the avoidance of doubt, you are not entitled to any grievance or other resolution process. You further agree that FIT has the right to cancel, delay, reschedule or alter the format of any Site at any time, and that FIT shall not have any liability to you for any such action. If you no longer desire to participate in the Site, you may terminate your participation at any time.

    Effective as of 1 November, 2013.