Terms of Service
Please read these terms and conditions of use before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.
1. User Acceptance and Consent to Terms and Conditions of Use.
2. Registration; Member Account Creation and Security.
In consideration of your use of the SecretlyFit Site and the SecretlyFit Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the SecretlyFit Service’s registration form (such information being the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SecretlyFit.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SecretlyFit.com has the right to suspend or terminate your account and refuse any and all current or future use of the SecretlyFit Site and/or the SecretlyFit Service (or any portion thereof).As part of the registration and account creation process necessary to obtain access to portions of the SecretlyFit Site and/or the SecretlyFit Service, you will select a subscriber identification ID and a password. You will provide SecretlyFit.com with certain registration information, all of which must be accurate and updated. You shall not
i. select a subscriber ID already used by another person;
ii. use a subscriber ID in which another person has rights without such person’s authorization; or
iii. use a subscriber ID or password that SecretlyFit.com , in its sole discretion, deems offensive or inappropriate.
You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify SecretlyFit.com of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your SecretlyFit.com account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in SecretlyFit.com ’s sole discretion, and SecretlyFit.com may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to info@SecretlyFit.com. You are responsible for all charges, if any, incurred up to the time the account is terminated. SecretlyFit.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of the SecretlyFit Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the SecretlyFit Site may be subject to prosecution.
4. Member Disputes.
You are solely responsible for your interactions with other SecretlyFit.com Members. SecretlyFit.com reserves the right, but has no obligation to monitor disputes between you and other Members.
(a) License; Permitted Use.
(b) RSS Services.
Your use of the RSS Services is governed by, and you hereby agree to be bound by the Terms of Service for RSS Services. By using the RSS Services you hereby acknowledge that you have read and agree to be bound by the Terms of Service for HW RSS Services
6. Rules Of User Conduct; User’s Grant Of Limited License.
(a) Rules of User Conduct.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SecretlyFit.com , are entirely responsible for all Content that you upload, post, email or otherwise transmit via the SecretlyFit Site and/or the SecretlyFit Service. SecretlyFit.com does not control the Content posted via the SecretlyFit Site and/or the SecretlyFit Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SecretlyFit Site and/or the SecretlyFit Service, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will SecretlyFit.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the SecretlyFit Site and/or the SecretlyFit Service. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this SecretlyFit Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
* victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
* impersonates any person or entity, including any employee or representative of SecretlyFit.com or any person or entity or falsely states or otherwise misrepresent your affiliation with a person or entity;
* harms minors in any way; intentionally or unintentionally violates any applicable local, state, federal or international law; “stalks” or otherwise harasses another; or collects or stores personal data about other users.
You also agree that you will not harvest or collect information about the users or members of this SecretlyFit Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent. You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages of the SecretlyFit Site or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the SecretlyFit Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from the SecretlyFit Site without the prior expressed written permission of SecretlyFit.com . Although SecretlyFit.com cannot monitor the conduct of its Users off the SecretlyFit Site, it is also a violation of these rules to use any information obtained from this SecretlyFit Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without such User’s prior explicit consent.
SecretlyFit.com is not responsible for screening, policing, editing, or monitoring the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this SecretlyFit Site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, SecretlyFit.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content. Notwithstanding the foregoing, neither SecretlyFit.com , nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither SecretlyFit.com , nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or content on this SecretlyFit Site.
You acknowledge and agree that SecretlyFit.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
a. comply with legal process;
b. enforce the TOS
c. respond to claims that any Content violates the rights of third-parties; or
d. protect the rights, property, or personal safety of SecretlyFit.com , its users and the public.
You understand that the technical processing and transmission of the SecretlyFit Service, including your Content, may involve
a. transmissions over various networks; and
b. changes to conform and adapt to technical requirements of connecting networks or devices.
Use Of Web Forums At Your Own Risk. The SecretlyFit.com Service contains bulletin board services, chat areas, news groups, forums, communities and other message and communication facilities (collectively “Forums”).
SecretlyFit.com does not control the files, information, or messages (collectively, “Information”) delivered to or displayed in the Forums, unless otherwise noted therein, and SecretlyFit.com assumes no duty to, and does not, monitor or endorse Information within the Forums, nor does SecretlyFit.com represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of this Agreement. SecretlyFit.com reserves the right at all times to edit, refuse to post, or to remove any Information, in whole or part, that SecretlyFit.com , in its sole discretion, deems inappropriate for inclusion in the Forums. SecretlyFit.com reserves the right to expel you from or suspend your access to some or all of the Forums for violating the law or this Agreement. The Forums are public and not private communications and may be read by others without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, SecretlyFit.com shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Forums is at your own risk and you must be careful about disclosing your personal information.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in SecretlyFit.com ’s sole discretion, an unreasonable or disproportionately large load on SecretlyFit.com ’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the SecretlyFit.com service or any activities conducted on the SecretlyFit.com service; (iii) bypass any measures SecretlyFit.com may use to prevent or restrict access to the SecretlyFit.com service, other accounts, or computer systems or networks connected to the SecretlyFit.com service; or (iv) interfere with any other users enjoyment of the SecretlyFit.com service, including, without limitation, accessing an account of a SecretlyFit.com user that is not yours.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the SecretlyFit.com service in a manner which sends more request messages to the SecretlyFit.com server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the SecretlyFit.com service, including, without limitation, information about other users of the SecretlyFit.com service. The use of any information learned through the SecretlyFit.com service or while in the SecretlyFit.com website is limited to the express purposes set forth in these Terms of Service; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display any portion of the SecretlyFit.com website or any of its contents. No hyperlinks to any password protected web pages on the SecretlyFit.com website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by SecretlyFit.com in our sole discretion.
(b) User’s Grant Of Limited License.
By posting or submitting content to any User-submit areas of this SecretlyFit Site, you automatically grant, or warrant that the owner of such content has expressly granted, SecretlyFit.com and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sublicense, copy, distribute, have distributed, and promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by SecretlyFit.com will not infringe or violate the rights of any third party. You also permit any other User to access, store, or reproduce the content for that User’s personal use.
7. Proprietary Rights; Restrictions on Use.
This SecretlyFit Site or any portion of this SecretlyFit Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SecretlyFit.com (and the copyright owner if other than SecretlyFit.com . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SecretlyFit.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SecretlyFit.com ’s name or trademarks without the express written consent of SecretlyFit.com . Any unauthorized use terminates the permission or license granted by SecretlyFit.com .
You agree not to use, transfer, distribute or dispose of any information contained in the SecretlyFit Site and the SecretlyFit Service in any manner that could compete with the business of SecretlyFit.com . You agree to protect the proprietary rights of SecretlyFit.com and all others having rights in the SecretlyFit Site and the SecretlyFit Service during and after the term of this agreement and to comply with all reasonable written requests made by SecretlyFit.com or its suppliers of content, equipment or otherwise to protect their and others’ contractual, statutory and common law rights in the SecretlyFit Site and the SecretlyFit Service. You agree to notify SecretlyFit.com in writing promptly upon becoming aware of any unauthorized access or use of the SecretlyFit Site or the SecretlyFit Service by any party or of any claim that the SecretlyFit Site or the SecretlyFit Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
Illegal and/or unauthorized uses of the SecretlyFit Site, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the SecretlyFit Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
As noted above, except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements on this SecretlyFit Site protected by copyright, or other proprietary right without the express written permission of SecretlyFit.com . Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email us at info@SecretlyFit.com.
IN FURTHERANCE OF THE ABOVE-NOTED, YOU HEREBY AGREE AS FOLLOWS: YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SECRETLYFIT SITE OR THE SECRETLYFIT SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SECRETLYFIT SITE OR THE SECRETLYFIT SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE SECRETLYFIT SITE’S OR THE SECRETLYFIT SERVICE’S CONTENT WOULD BE A VIOLATION OF SECRETLYFIT.COM ’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SECRETLYFIT SITE OR THE SECRETLYFIT SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF SECRETLYFIT.COM . FURTHERMORE, YOU MAY NOT USE ANY OF SECRETLYFIT.COM ’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH SECRETLYFIT.COM ’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SECRETLYFIT SITE OR THE SECRETLYFIT SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF SECRETLYFIT.COM ’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
8. Rights Reserved.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the SecretlyFit Site and/or the SecretlyFit Service (the “Intellectual Property Rights”) shall, as between you and SecretlyFit.com , at all times be and remain the sole and exclusive property of SecretlyFit.com . All present and future rights in and title to the SecretlyFit Site and/or the SecretlyFit Service (including the right to exploit the SecretlyFit Site and/or the SecretlyFit Service and any portions of the SecretlyFit Site and/or the SecretlyFit Service over any present or future technology) are reserved to SecretlyFit.com for its exclusive use.
9. Copyrights And Copyright Agents.
SecretlyFit.com respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SecretlyFit.com ’s Copyright Agent the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the SecretlyFit Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. SecretlyFit.com ’s Copyright Agent for Notice of claims of copyright infringement on its SecretlyFit Site is Copyright Agent who can be reached as follows: by email: info@SecretlyFit.com
10. Fees and Payments.
SecretlyFit.com reserves the right at any time to charge fees for access to all or portions of the SecretlyFit Site and/or the SecretlyFit Service. If at any time SecretlyFit.com requires a fee for all or portions of the SecretlyFit Site and/or the SecretlyFit Service, SecretlyFit.com will require you to register and create an account. In no event will you be charged for access to all or portions of the SecretlyFit Site and/or the SecretlyFit Service unless SecretlyFit.com obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the SecretlyFit Site and/or the SecretlyFit Service by SecretlyFit.com or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the SecretlyFit Site and/or the SecretlyFit Service through your account, and the purchase of any other products or services. Certain portions of the SecretlyFit Site and/or the SecretlyFit Service may require a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive all or any portions of the SecretlyFit Site and/or the SecretlyFit Service if a Prepaid Fee is required unless SecretlyFit.com receives all fees and charges payable by you, including the Prepaid Fee.
11. Third Party Sites.
Users may through hypertext or other computer links gain access to other sites on the Internet that are not under SecretlyFit.com ’s control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by SecretlyFit.com , you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by SecretlyFit.com . These third party sites are not, and you acknowledge that SecretlyFit.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by SecretlyFit.com .
12. Disclaimer Of Warranties; Limitation of Liability.
A PORTION OF SECRETLYFIT.COM ’S CONTENT IS SUPPLIED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF SECRETLYFIT.COM . SECRETLYFIT.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON SECRETLYFIT.COM BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF SECRETLYFIT.COM WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SECRETLYFIT SITE AND THE SECRETLYFIT SERVICE AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE “ITEMS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, AND THAT SECRETLYFIT.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SECRETLYFIT.COM , ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE SECRETLYFIT SITE AND THE SECRETLYFIT SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SECRETLYFIT SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SECRETLYFIT SITE AND THE SECRETLYFIT SERVICE IS FREE OF VIRUSES, WORMS OR “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Moreover, you agree that SecretlyFit.com , its suppliers and its third-party agents shall specifically have no responsibility or liability for
i. any injury or damages, whether caused by the negligence of SecretlyFit.com , its employees, subcontractors, agents, suppliers or otherwise arising in connection with the SecretlyFit Site or the SecretlyFit Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against SecretlyFit.com by any other party or
ii. any fault, inaccuracy, omission, delay or any other failure in the SecretlyFit Site or the SecretlyFit Service caused by your computer equipment or arising from your use of the SecretlyFit Site or the SecretlyFit Service on such equipment.
SecretlyFit.com is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on, the SecretlyFit Site or the SecretlyFit Service which are not maintained or controlled by SecretlyFit.com . SecretlyFit.com does not
a. make any warranty, express or implied, with respect to the use of the links provided on, or to, the SecretlyFit Site or the SecretlyFit Service,
b. guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the SecretlyFit Site or the SecretlyFit Service or
c. make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the SecretlyFit Site or the SecretlyFit Service.
IN NO EVENT SHALL SECRETLYFIT.COM , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SECRETLYFIT.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SECRETLYFIT.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
14. Representations and Warranties. You represent, warrant and covenant that:
a. you have the power and authority to enter into this agreement;
b. you shall not use any rights granted hereunder for any unlawful purpose; and
15. International Use.
SecretlyFit.com makes no representation that materials on this SecretlyFit Site and/or the SecretlyFit Service are appropriate, legal or available for use in locations outside the United States, or that it is authorized for export from the United States or import into any other country. This SecretlyFit Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. Those who choose to access this SecretlyFit Site from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of this SecretlyFit Site and the SecretlyFit Services. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the SecretlyFit Site and the SecretlyFit Service.
16. General Information.
18. Entire Agreement.
19. Ability to Accept Terms of Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the SecretlyFit.com website is not intended for children under 13.If you are under 13 years of age, then please do not use the SecretlyFit.com website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
20. Content on SecretlyFit.com
Content on SecretlyFit.com is meant for all audiences. You understand that you will be exposed to user material from a variety of publishers and that SecretlyFit.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user material. You further understand and acknowledge that you may be exposed to user material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SecretlyFit.com with respect thereto, and agree to defend, indemnify and hold harmless SecretlyFit.com , its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the SecretlyFit.com service.
21. No Endorsement; Availability; Monitoring
You acknowledge that SecretlyFit.com does not endorse, evaluate or guarantee any content uploaded by you and you may not state or imply any such endorsement, evaluation or guarantee. SecretlyFit.com does not guarantee that any content uploaded by you will be made available on the SecretlyFit.com service, whether continuously or at all. SecretlyFit.com shall have no obligation to monitor any content uploaded by you. However, SecretlyFit.com and its agents shall have and do reserve the right to monitor any content uploaded by you from time to time for any lawful purpose. SecretlyFit.com may, without notice to you, remove or block content of any content uploaded by you from the SecretlyFit.com service.
This website sometimes places “cookies,” i.e., small pieces of text consisting of one or more name-value pairs containing bits of information such as user preferences, on a user’s computer, via the user’s web browser. You have the right to opt out of such use through your web browser’s settings, which allow you to decide whether or not to accept cookies. In addition, you may opt out of cookies by using either of the following mechanisms: https://www.quantcast.com/opt-out/ http://www.networkadvertising.org/managing/opt_out.asp