Terms of Service - fitropolis.com

Last updated: December 21, 2011

Welcome to Fitropolis! We're glad you're here. Please carefully read these terms of service, as they govern how you may use Fitropolis. By accessing or using Fitropolis in any manner you are accepting these terms. This is a legally-binding agreement between you (a user of Fitropolis) and Fremonster LLC, a Washington State limited liability company. (Do not access or use Fitropolis if you are unable or unwilling to accept these terms.)

Eligibility to use Fitropolis

As a condition of using Fitropolis, you warrant that you are at least 18 years old, and have the ability to enter into a legally binding agreement. (Do not use Fitropolis if it is not legal to do so where you live.)

Use Fitropolis at your own risk

You are responsible for your own health and determining your personal level of appropriate physical activity. Fitropolis is not responsible for any injury you may experience as a result of exercising. (We advise you to seek a doctor's opinion before commencing any exercise program.)

Fitropolis is not responsible for your experience with any fitness provider.

Information on the site may be inaccurate, incomplete or out of date. You may encounter content you find objectionable. Fitropolis is not responsible for the content of advertisements served on the site, or the content of external web sites linked to from the Fitropolis site. Fitropolis does not endorse or make any representation about the services and products of any businesses linked to on this site. If you decide to access any of the external web sites linked to from this site, you do so entirely at your own risk.

All content, including text, images and software is the sole property of Fremonster LLC. You have permission to copy and download Fitropolis materials for your own person noncommercial use only so long as such use is otherwise consistent with these Terms of Service. You have permission to link to Fitropolis.com so long as the link does not portray Fitropolis, its advertisers, its partners or affiliates in a false, misleading, derogatory or defamatory manner. This limited permission to use and/or link to Fitropolis.com may be revoked by Fitropolis at any time for any reason whatsoever.

Unauthorized use

You will not use Fitropolis for unauthorized commercial purposes. You will not solicit for business in comments or other forums, and you will not use any content or data from Fitropolis for any commercial reason.

Additionally, you will not:

Attempt to modify, translate, adapt, or reverse engineer any code or software programs used by Fremonster LLC in connection with the Fitropolis site or service;
Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
"Frame", "mirror" or otherwise incorporate any part of Fitropolis into any other website or application without our prior written authorization; or
Attempt to access hidden or non-public areas of the Fitropolis.com web site, computers or servers through any means or for any purpose including (but not limited to) the use of any robot, spider, other automatic device or manual process to scrape, monitor, mine or copy information.

Posting comments and reviews

You are solely responsible for what you post on Fitropolis. Where offered, you may post comments and reviews as long as:

Their content is not obscene, threatening, illegal, injurious to third parties or otherwise objectionable;
Their content does not contain any software viruses, political messages, or any form of "spam"; or
You do not use a false e-mail address, impersonate any person or entity, or misrepresent your relationship to the entity you post a comment or review about.

Fitropolis reserves the right, but does not have any obligation, to pre-screen, review, modify or remove any or all content you submit.

All comments, reviews and other content you post on this web site will be treated as non-confidential information and may be disseminated or otherwise used by Fitropolis for any purpose whatsoever. For any comments, reviews or other content you submit to Fitropolis, you grant Fremonster LLC world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use it for any purpose.

Disclaimers and limitation of liability

FITROPOLIS IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF IT AND YOUR RELIANCE ON ITS CONTENT IS AT YOUR OWN DISCRETION AND RISK. FREMONSTER LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MATERIALS ON THIS SITE MAY BE OUT OF DATE AND FITROPOLIS MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR LINKS AT THIS SITE.

FREMONSTER LLC MAKES NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. FREMONSTER LLC IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING IF YOU HAVE A NEGATIVE EXPERIENCE WITH ANY FITNESS PROVIDER OR ADVERTISER ON FITROPOLIS. ANY ADVICE OR INFORMATION YOU RECEIVE IN CONNECTION WITH YOUR USE OF FITROPOLIS, WHETHER ORAL OR WRITTEN, SHALL NOT BE ATTRIBUTED TO FREMONSTER LLC AND FREMONSTER LLC SHALL NOT BE RESPONSIBLE FOR ANY RESULTING DAMAGE YOU SUFFER.

FREMONSTER LLC MAKES NO CLAIMS OR PROMISES ABOUT, AND IS NOT LIABLE TO YOU FOR, ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACCURACY, QUALITY, RELIABILITY, OR YOUR RELIANCE ON THE INFORMATION PROVIDED ON FITROPOLIS, OR THE SAFETY OR SECURITY OF ANY FITROPOLIS SITE OR SERVICE.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE TO DISCONTINUE USE OF FITROPOLIS.

Indemnification

You agree to defend and indemnify Fremonster LLC and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind including (but not limited to) reasonable legal fees, brought by third parties as a result of:

Your breach of these terms or the terms of other documents referenced herein;
Your violation of any law, regulation or rule;
Your violation of the intellectual property rights or other rights of a third party; or
Your use of Fitropolis.

Choice of law and venue

Any claim or dispute that might arise between you and Fremonster LLC will be governed by Washington State law, without regard to conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of courts in King County, State of Washington, USA and agree not to commence any litigation related to disputes arising out of or relating to the use of this Website in any other court. Use of Fitropolis is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Your rights and obligations under these Terms of Service shall survive any notice to you from Fremonster LLC to stop using Fitropolis or any action by you to voluntarily cease use of the web site with respect to any actions you take in connection with Fitropolis and Fremonster LLC.

Updates to these terms

We reserve the right at any time, and at our sole discretion, to change or otherwise modify these terms of service without prior notice, and your continued access or use of Fitropolis signifies your acceptance of the updated or modified terms.