The following terms and conditions of use (the “Terms and Conditions”) govern your (the “User”) use of fitprofile.com (the “Site” or “Fitprofile.com”).  (The terms “You” and “User” are used herein to refer to all individuals, entities or other parties accessing the Site for any reason.)  BY USING THE SITE YOU ASSENT AND AGREE TO ABIDE BY ALL OF THE FOLLOWING TERMS AND CONDITIONS AS THEY RELATE TO YOUR USE OF THE SITE.  If you do not agree to the Terms and Conditions you may not utilize or access the Site.  These Terms and Conditions are subject to change at any time and may be changed without notice to you the user. 

Description of Service

The contents of Fitprofile.com do not constitute medical diagnosis or advice, the Site should never be used in place of a visit to a medical professional.  Always consult with a physician before beginning a new diet or treatment.  The Federal Food and Drug Administration have not evaluated any statements on the Site unless otherwise noted.  Fitprofile.com merely provides a means to keep track of food consumption and fitness activities as well and interact with other members.  The services of Fitprofile.com are not meant to be used in lieu of other resources but as a complement thereof.  The aforementioned services may be shutdown at anytime as the owners of Fitprofile see fit.

Eligibility

Use of the Site and its services is void where prohibited. By using the Site you, the user, represent and warrant that you the User are 13 years of age or older, and that your use of Fitprofile.com services does not violate any applicable law or regulation.  Fitprofile.com reserves the right but not the responsibility to delete your information from the Site if we believe you are less than 13 years of age.  If you suffer from an eating disorder such as anorexia nervosa, bulimia, or another related disorder, you are expressly forbidden from using this site.  If you suffer from medical conditions including but not limited to high blood pressure, diabetes, or heart disease, you must get a physicians approval prior to using our site.

Member Conduct

You the User may not submit, modify, distribute or reproduce in any way copyrighted material, trademarks, or other proprietary information belonging to others without first obtaining the written consent of the owner of such proprietary rights.  As a User of Fitprofile.com you agree that you shall not under any circumstances submit or post any text, pictures or data that may be considered  harmful, threatening, harassing, bigoted, hateful, or racially offensive.  Users are also forbidden from sending messages through Fitprofile.com that may be interpreted as spam, advertisements, “junk mail”, or other forms of solicitation.  At no time are you as a User allowed to attempt to circumvent Fitprofile.com’s security measures, or attempt to do harm to the Site or other members through viruses, malicious scripts, or other malevolent computer code.  You as a User also agree to not use this Site in an unlawful manner or in any manner which may impair, disable or otherwise damage the Site or its components.  At no time may you as a User collect other User’s information through automated scripts for any purpose.  You as a User are also prohibited from any activity deemed harmful by Fitprofile.com.

Proprietary Rights in Content on the Site

All of the content on Fitprofile.com that has not been submitted by users including the design, graphics, text and other files is the sole property of Fitprofile.com.  None of the content may be modified, copied, distributed, reproduced, published or sold in any form by any means in whole or in part without Fitprofile.com’s prior written consent.  You may download a copy for your own personal, non-commercial use if you wish as long as all copyright notices are intact.

Member Contributed Content

You, the User are solely and fully responsible for the photos, profile and any other content that you may publish or display on or through Fitprofile.com or transmit to other Users.  This material is here after referred to as “User Content.”  You the user understand and agree that Fitprofile.com may, at any time, review, remove, or delete any User Content that the Site deems to be offensive, illegal, or may violate the rights, harm or threaten the safety of Users or others.  By submitting the User Content you grant and you represent and warrant that you have the right to grant, to Fitprofile.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (With the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content.

You, the User, may remove the User Content at any time from the Site.  If you, the User, choose to remove your User Content the license above will cease to be valid.

Copyright Policy

We respect the intellectual property rights of others.  If you the User believe that your work has been copied in such a way that it constitutes copyright infringement or are aware of any infringing material on the Site, please contact us and provide us with substantial proof that you are indeed the copyright holder or authorized to act on their behalf.

Links to Other Websites

The Site contains links to other third-party sites.  We are not responsible for the content, opinions or accuracy of such third-party sites and such sites are not checked or investigated by Fitprofile for reliability or accuracy. Inclusion of links to third-parties on the Site does not imply approval or endorsement of them.  If you choose to access these third-party sites you do so at your own risk.

Member Disputes

You the User are solely responsible for your interaction with other Users.  Fitprofile.com reserves the right, but has no obligation to monitor the disputes between Users.

Privacy

Use of the Fitprofile Services is also governed by our Privacy Policy, which is hereby incorporated into the Terms and Conditions by this reference. By using Fitprofile.com or the Service you consent to having your data transferred, stored, and processed in the United States.

Disclaimers

Fitprofile is not responsible for any inaccurate or erroneous content that has been posted on the Site or in connection with Fitprofile services whether caused by Users of Fitprofile.com or by any of the equipment or programming utilized in or associated with Fitprofile.com.  Fitprofile assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.  Fitprofile is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players because of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users  or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with Fitprofile.com. Under no circumstances will Fitprofile be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on or through Fitprofile.com or the Service or transmitted to Members, or any interactions between users of Fitprofile.com or Members, whether online or offline. The Site, the service and the content are provided "as-is" and Fitprofile disclaims any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Fitprofile cannot guarantee and does not promise any specific results from use of Fitprofile.com and/or the Service.

Limitation on Liability

IN NO EVENT SHALL FITPROFILE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FITPROFILE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FITPROFILE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FITPROFILE.COM FOR THE FITPROFILE SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnify

You agree to indemnify and hold Fitprofile.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web Site in violation of this Agreement or your violation of any law or the rights of a third party.

Other

These Terms and Conditions are accepted upon your use of the Site. The Terms and Conditions constitute the entire agreement between you the User and Fitprofile.com regarding the use of the Site’s Services.  The failure of Fitprofile to exercise or enforce any right or provision of the Terms and Conditions does not constitute a wavier of such right or provision.  The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.  These Terms and Conditions operate to the fullest extent permissible by law. If any provision of the Terms and Conditions are unlawful, void or unenforceable, that provision is deemed severable from the Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

Questions

If you need clarification or have any questions please contact us.

Effective October 8th, 2006