Terms & Conditions
We welcome everyone to the Fitandmuscle.com website. In the posted terms and conditions, we have stated the information as to your usage of Fitandmuscle.com (also referred to as “website”, “we”, “our” or “us”).
PLEASE TAKE TIME TO CONSIDER THESE TERMS AND CONDITIONS AND CAREFULLY READ THEM BEFORE YOU BEGIN USING THE SITE. WE LEAVE THE RIGHT TO INTRODUCE CHANGES FROM TIME TO TIME AND SUCH CHANGES COME INTO AN IMMEDIATE EFFECT AFTER POSTING. WE RECOMMEND YOU TO REVIEW THESE TERMS AND CONDITIONS ON REGULAR BASIS AND ENSURE THAT YOU ARE AWARE OF THE OBLIGATIONS AND CURRENT RIGHTS. Once you enter the site and/or click the box that affirms your acceptance of the terms of website, you, therefore, state your acknowledgment and agreement to these terms and conditions. If you don’t agree with the points provided, please do not proceed using the site.
We do maximum to ensure that the information on our site is relevant and accurate. However, we cannot review all the posted content of Fitandmuscle.com and do not held responsible for any omissions, errors, or changes in price or specifications due to the continuous development of products, which may also concern the change of items for the better quality.
Hereby you also affirm that these terms and conditions are secured and supported by valuable and assured consideration, including, in particular, your usage of Fitandmuscle.com, all information and materials presented, hereinafter referred to as “Content”, as specified below.
Our website may contain different kinds of thematic articles. Please be aware that Fitandmuscle.com provides them for information purpose and does not intend to offense anyone. If you think that any of the Content is offensive, please stop using the site. We do not hold liable for any caused offense.
We have an age limitation for the website visitors. By entering the site or using the posted Content, you thus confirm that you 18 or above. Otherwise, you need to confirm the parent’s or guardian’s consent.
2. Use of Content
Fitandmuscle.com includes Content provided for information and personal use. When entering the site, you confirm and agree to conform to applicable laws, as well as copyright law. With an exception of here stated cases, you may not distribute, reproduce, use, or create works on the basis of publicly displayed, performed, or otherwise transmitted and exploited website Content for any purpose, without prior assent from us provided in written, or if that concerns the third party rights, from the respective owner. In some instances, we may allow you to print out or download the Content of the site, but for a non-commercial and personal use only. Thus, you acknowledge that you by no means acquire our ownership rights by printing or downloading such Content.
Likewise, except when it is allowed by these Terms and Conditions, you shall not:
delete, change, overlay or bend any trademark, copyright, or similar notices of proprietary rights on the site or site’s Content;
evade, deactivate or interfere in any other way with the work of security features of our website, which also includes any features that restrict and prevent copying and use of content;
scrape or copy the content with the use of automatic devices (i.e. spider or robot) as well as do it manually for any reason without our prior written notice. Despite the foregoing, we permit public search engines to use automatic devices (i.e. spider or robot) to make copies of our content solely for the purpose of creation a searchable index of a website that is made available to the public. However, we leave the right to recall such permission at all times;
upload, transmit or distribute materials or programs with malicious codings like viruses, cancelbots, timebombs, worms, spyware, trojan horses, or any other potentially harmful material or information;
gather any personally identifiable information from our site, which includes names of users, their email addresses, etc.;
ask our users to become members of any online service or other commercial organization without a written approval from our side;
interfere or tamper with the website’s proper operation or likewise disassemble or decompile any part of the website;
distract any website data as well as identify the architecture using any type of monitoring software;
violate any applicable law, whether civil or criminal, or pretend to be another person, user or organization to negatively affect the website, its name, reputation or goodwill, as well as distress us or any other person, or discourage anyone from using our website, its functions, and features, or dissuade from linking, advertising or becoming our supplier in relation to the website.
Additionally, you affirm that you will not submit any Content that is protected by trademark, copyright, moral right or another proprietary right. You shall be liable for any harm or damage caused from your failure to get permission from us or the respective owner.
In all instances, you hereby yield to cooperate with us if there is any investigation of actual or suspected activity that violates these Terms and Conditions.
3. Website Content
All Content, including messages, texts, materials and related information presented on Fitandmuscle.com are our copyrighted property or our licensors’ or licensees’ copyrighted property.
Our website provides Content only for educational, entertainment and informational purposes. You shall not reckon upon any opinion or information you find on our website for other purposes. It is your sole responsibility to appraise the completeness, usefulness, and accuracy of all provided Content. We are not liable for any damage or harm resulting from your understanding and reliance of any portion of Content.
Fitandmuscle.com may have information that represents the third-party or is posted by them. We do not warrant or justify and do not assume responsibility for any portion of such content that contains without limitation, advice, opinion, or statement made by any non-authorized employees while they perform their official duties.
In the case of any occurred disputes between our users and the third-party representatives, you acknowledge and agree that we are not obliged to be involved. If such dispute takes place, you hereof relief the website representatives, us, our employees, officers, partners, parents, agents, successors, affiliates, and related parties from harm, claims, and demands of any kind relating to and resulting from such disputes.
4. Data Safety
By accepting these terms and conditions, you also grant Fitandmuscle.com a permission to use your name, contact information and other personal information. You shall remember that such personal data will be kept in the public domain, and so, we advise you to be careful and do not reveal all information about yourself (i.e. full name, home address, or any other personal data).
THE CONTENT OF THE WEBSITE AND ANY RELATED SITES OR ANY THIRD-PARTY LINKS TO OUR WEBSITE ARE PROVIDED “AS IS” AND YOU HEREBY AFFIRM FULL RESPONSIBILITY AND RISK RESULTING FROM ITS USAGE. TO THE FULL EXTENT THAT IS PERMITTED BY THE APPLICABLE LAW, WE REJECT ALL WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR ANY PURPOSE, SECURITY, NONINFRINGEMENT, AVAILABILITY, AND COMPATABILITY. WE DO NOT GUARANTEE THAT THE CONTENT IS ERROR-FREE AND THAT YOUR ACCESS WILL ALWAYS BE UNINTERRUPTED. WE DO NOT WARRANT THAT THE ERRORS WILL BE CORRECTED, AND ANY SERVER OR SITE THAT PROVIDES SUCH CONTENT IS FREE OF HARMFUL DATA AND VIRUSES. YOU ACKNOWLEDGE ALL COSTS OF REQUIRED SERVICING, CORRECTIONS, AND REPAIRS REGARDING THE USE OF CONTENT. MOREOVER, YOU RESIGN ALL CLAIMS AGAINST US IN CONNECTION WITH A WEBSITE CONTENT AND THE CONTENT PROVIDED BY THIRD-PARTY SITES (ALONG WITH CREDIT CARD AND OTHER PERSONAL INFORMATION).
We also pay your attention to the fact that the information you see on our website does not intend to replace professional specialists, trainers, and medical assistance. We advise you to consult your physician regarding any issue you may have on your mental or physical wellness and health. Please call an emergency line immediately if you feel like you need help. We do not make warranties as to the treatment, application or usage of any product that you find on the website. It is your sole responsibility and you assume all risks relating to your usage of any provided information, material, and product.
6. Limitation of Liability
NOT FOR ANY REASON WHATSOEVER SHALL WE, OUR EMPLOYEES, OFFICERS, PARTNERS, PARENTS, SUCCESSORS, AGENTS, SUBSIDIARIES, AFFILIATES OR RELATED ORGANIZATIONS, BE RESPONSIBLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, DIRECT OR EXEMPLARY HARM, DAMAGE, OR INJURY (EVEN DEATH) AS WELL AS LOSS OF PROFITS AND DAMAGES OF OTHER NATURE (INCLUDING CASES WHEN THE MENTIONED PARTIES HAVE BEEN SUGGESTED OF POSSIBLE HARM OR DAMAGES) THAT RESULT FROM, RELATE TO, OR CONCERN IN ANY OTHER WAY THE WEBSITE OR THESE TERMS AND CONDITIONS. THESE LIMITATIONS ALSO APPLY TO THE DAMAGES THAT MAY OCCUR BY REASON FROM SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN RELATION TO OUR WEBSITE OR LINKS ON IT. THE SAME LIMITATIONS SHALL APPLY TO HARM AND DAMAGES OCCURRED FROM CONTENT POSTED BY THIRD-PARTY ON THE WEBSITE.
THE STATED LIMITATIONS OF LIABILITY, DISCLAIMERS, AND EXCLUSIONS HERE AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE FULL EXTEND ALLOWED BY THE LAW.
In our discretion, your access to our website may be terminated at any time for any reason, such as your failure to comply with the provided terms and conditions. You hereby agree that we, our employees, officers, partners, parents, successors, agents, subsidiaries, affiliates or related parties shall not be responsible for your or any third party suspension or termination of access to the website.
Moreover, the suspension or termination does not release you from obligations under the stated terms. These terms by their nature shall survive such termination or suspension of your use of website, including without limitation the licenses and rights that you have provided herein, releases, limitations of liability, disclaimers, provisions in connection with dispute resolution, choice of law, no jury trial and all miscellaneous statements that are set hereinafter.
8. Applicable Law and Jurisdiction
Fitandmuscle.com is committed to providing services and information according to the applicable law. We promote high standards of ethical and trustworthy conduct in our business.
The provided terms and conditions shall be construed and governed in compliance with the U.S. law. In the case of disputes related to the use of this website or its terms shall be the subject to the jurisdiction of the U.S courts.
These terms and conditions were updated in April 2017.