TERMS OF USE

TERMS OF USE

By registering to use our runners journal (FITTREND), you certify that you have received consent from your physician to participate in any programs, workouts, and exercises available and/or provided by FitTrend. In addition, you agree to the following terms and conditions. The terms and conditions of this Agreement may be amended or modified at any time by Project FitTrend. Any amendments or modifications will be posted on our web site. Your continued usage after such changes are posted constitutes acceptance of any and each revised provision of the Agreement. If you do not agree with the terms of this Agreement or any revised Agreement, please refrain from using FitTrend.

At any time our site may be unavailable. We perform routine backups of FitTrend and our members' data, however some (or all) of your data could be lost. By accepting these terms and conditions, you agree that FitTrend or any of its affiliates are not responsible or liable for data that is irretrievable, damaged, or altered. Our technologies are constantly improving and we value your comments and feedback to help make FitTrend a more enjoyable experience. Your input directly plays an important role in our technology.

At FitTrend, our goal is to develop and deliver cutting edge information and technology that allows us to provide a unique experience for each of our users to help them set goals and improve their overall fitness level. In order to do this, we may be required to share information about our users based on information submitted to us by a form on our website or through the FitTrend application. Any information received via these forms is property of FitTrend Technologies.

The following types of information are used by FitTrend to help improve your experience:

1. Registration/Sign up Form: Our registration form requires you to give us contact information such as your name and e-mail address. We use this contact information from the registration form to send you information about our company and (with permission) promotional material from some of our partners. This contact information is also used to contact you when necessary. We like to keep our users informed on changes to our system. Therefore, we send information to all users unless they opt-out of our mailing lists. If you wish to opt-out of receiving future mailings, please use our contact form from the contact us page. You must Opt-In to get future emails from FitTrend.

2. Logging into FitTrend: Our site uses cookies to keep track of your login session. We use cookies to customize the content and/or layout of our page for you.

3. Online Surveys: Occasionally we offer our users the option to participate in our online surveys. Some information such as demographic and profile data could be collected from our site. The information will vary depending on the purpose of the Online Survey. We use data from our surveys to share with our affiliates, partners, sponsors, users, and/or advertisers information about our company and to tailor our user's experience at our site, showing content that we think may be of interest, and displaying the content according to preferences defined in our software. We also use this data specifically to target our users for retail opportunities provided by our e-commerce affiliates, partners, sponsors, and advertisers. We reserve the right to use the data collected to assist Project FitTrend in research and development of our content, and reserve the right to the use of the data in any way we deem responsible and correct. This can include (but not limited to) the sale, publishing, or any other use of the data. We reserve the right to use the data as we see fit.

4. IP Addresses and Host names: We use your IP address to help troubleshoot possible issues with our software, and to allow us to analyze data based on our web site. Your IP address is used to help identify you and to gather broad demographic information.

5. Links to Other Sites: This site may contain links to other sites. Our advertisers, partners and/or affiliates may place cookies on your hard drive either directly or when you use a link provided by our web site. We cannot directly control what these cookies do or what our advertisers, partners and/or affiliates do. FitTrend is not responsible for the privacy practices or the content of any website that links to us or we link to them. Our privacy practices may be different than those on other sites. Please make sure you familiarize yourself with the privacy practices of third party web sites before disclosing personal information to them and any use of these third party web sites is at your own risk.

6. Web Site Navigation: We track everything a user does on our web site. The type of information we collect includes (but is not limited to) where a user goes on our site to how long a user is on our web site to what links a user chooses. The information collected is generic information that most web servers collect from users. By collecting this information, we can generate reports based on where a user navigates within our web site and/or software that can tell a partner or sponsor what a user is doing on our web site and then can be used by our sponsors and partners for marketing purposes. The data collected will be used to enhance your experience with our website and FitTrend application.

FitTrend has tools and processes in place to protect the loss, misuse and alteration of the information under our control. Access to databases is limited to FitTrend approved individuals such as technical staff who are performing maintenance activities and support staff assisting our users. In all cases, information is strictly limited to the minimum necessary to perform the assigned task. We use encryption standard (SSL) to communicate sensitive user information. Our staff uses secure clients for interactive maintenance sessions to prevent password sniffing. Although we strive to protect your personal information, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit to us or you transmit from FitTrend or website, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Sometimes user data is not retrievable or is lost or damaged. In these cases, we will attempt to retrieve or restore the data but we cannot be held responsible or liable for data or information that has been lost, damaged, not retrievable, altered or misused by FitTrend or by a third party.

FitTrend provides its users with the opportunity to receive promotions, newsletters, and other communications from FitTrend, our affiliates, our sponsors, and our partners. However, at any time users can opt-out of allowing FitTrend to use your email to targeting of products and advertisement within the FitTrend application and website. To Opt-Out, you can use our contact form to send us a request to discontinue sending you promotions, news, and future opportunities. Please allow up to 48 hours for us to process these requests. Opt-in is the default option.

Please note that you may deactivate your account, but you will still be liable for any payment of your current subscription. Registration and user data is the property of Project FitTrend.

Except as described in this Terms of Use Agreement, we will not release any personally identifiable information. We only share member information on an aggregate basis. This allows our partners to decide what messages and information to direct at our members based on several pieces of advertising criteria.

Project FitTrend may disclose a member's personal information in the following restricted cases:

1. Disclosure is required by law

2. Violation of the Terms of Use Agreement by a member

3. Violation of the law by a member

4. Disclosure is essential for the continued operation of FitTrend

Project FitTrend may send information about its services to the mailing addresses of members who have provided their mailing address. This information mailed may be from Project FitTrend directly or from one of its partner. Your mailing address or any updates to it may be released to organizations to whom you already have voluntarily provided personal information and who are FitTrend Technology Partners. These organizations can include companies that conduct events for which you have registered, athletic organizations or clubs to which you belong, or sports magazines to which you subscribe.

If you have any questions about this privacy statement, the practices of this site, or your day to day use of our web site, you can contact us.

Project FitTrend requires that you consult with your physician before following any training instructions you receive through FitTrend.com or participating in any event announced on the our web site. FitTrend.com is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. FitTrend.com is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death. If you feel discomfort or pain, do not continue. The instructions and advice presented are in no way intended as a substitute for medical counseling.

You should never disregard medical advice or delay in seeking it because of something you have read on FitTrend.com. Project FitTrend is not responsible for any health problems that may result from training programs, products, or events you learn about through our web site. If you engage in any exercise program you receive through FitTrend.com, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge FitTrend Technologies from any and all claims or causes of action, known or unknown, arising out of Project FitTrend negligence. You agree to indemnify and hold harmless Project FitTrend for any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) arising from or in connection with your use of the information or services through FitTrend.com.

The information and services available on or through the FitTrend.com web site and in e-mail messages sent to FitTrend members come from a variety of sources. We do not actively monitor the content of the FitTrend.com web site features, newsletters, e-mail messages, or other material available through FitTrend.com. Therefore, while we strive to bring you only the most helpful and accurate information, we cannot verify, endorse or vouch for the information, services or recommendations available through the FitTrend.com web site. Project FitTrend is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the FitTrend.com web site, or for any health problems that may result from training programs, products, or events you learn about through FitTrend.com. FitTrend Technologies does not certify content or endorse any information supplied by other companies for our web site.

The FitTrend.com web site and the e-mail messages you receive through FitTrend.com contain copyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. FitTrend Technologies owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through the FitTrend.com web site, except as otherwise expressly permitted under copyright law or with the express permission of Project FitTrend and the copyright owner.

We assume members of FitTrend.com will act responsibly and use the tools provided by FitTrend.com in a law-abiding manner. If Project FitTrend determines that a member is not using FitTrend responsibly, we can censor, edit or block use of the FitTrend and revoke their membership. Members will still be responsible for any subscription fees if applicable.

Project FitTrend in its sole discretion, may revoke the membership of those who violate its guidelines of this Terms of Use Agreement. This Terms of Use Agreement shall be governed by the laws of New Hampshire without regard to its conflict of law provisions. Any action brought in connection with the Terms of Use Agreement shall be filed within one year of the date of the alleged injury, regardless of any statute of limitations, in a court located in Straford County, New Hampshire.

Project FitTrend and our partners are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to FitTrend.com. Your sole remedy for dissatisfaction with the FitTrend.com web site is to stop using FitTrend.com.

You agree to defend, indemnify, and hold FitTrend.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the terms and conditions of this Terms of Use Agreement.

If you have any additional questions please contact us so we may be able to assist you.

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