SERVICE AND TERMS AGREEMENT

Membership is billed in one (1) month, three (3) month, six (6) month, and twelve (12) month time periods. Membership subscription dues are billed every twenty eight (28) days. Your credit card will be charged at the time of registration for the subscription you select. At the end of your subscription your journal will convert to an automatic 28-day billing cycle. Cancel anytime to discontinue your membership. Cancellation becomes effective at the end of your most current billing cycle.

LICENSE TO ACCESS OUR SERVICES
FitnessJournal grants you a limited license to access and make use of the FitnessJournal website and you may not download (beyond reasonable page caching) or modify any portion of it without the express written consent of Fitness Journal. This license does not include any resale or commercial use of the website or journal platform. The website and FitnessJournal platform may not be reproduced in any way without express written consent of Fitness Journal. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the external Fitness Journal website (excludes the fitness journal internal platform) so long as the link does not portray FitnessJournal in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FitnessJournal trademark, logos, or graphics without the express written permission of FitnessJournal.

PRIVACY
Fitness Journal publishes a privacy statement separate from our terms and services agreement. For detailed information on our privacy policy, please visit our privacy document located at http://www.fitnessjournal.com/privacy.html.

YOUR FITNESS JOURNAL ACCOUNT
If you use Fitness Journal, you are responsible for maintaining the confidentiality of your login and password and for restricting access to your computer and agree to accept responsibility for all actions and activities that occur under your account. Fitness Journal reserves the right to refuse service and terminate accounts, edit content or restrict access to Fitness Journal. All membership subscriptions are non-transferable. If you feel that your account has had unauthorized access, please contact us immediately to change your password and prevent further access.

RENEWING YOUR MEMBERSHIP
You have the option of renewing your journal at any time by going to the support menu and clicking on the "renew my account link". This will allow you to manually renew your account. After your initial membership service term has lapsed, your account will automatically be renewed on twenty eight (28) day billing cycle. You may choose to renew for periods longer than the automatic renewal length at any time from the support menu from within the FitnessJournal platform.

CANCELING YOUR MEMBERSHIP
You may cancel your membership from the membership support form located within the FitnessJournal platform. You must login to access the support section of your journal. Submit a membership support request containing the term "cancel" to initiate the cancellation process. You may also cancel via email by sending your account login, first name, last name, and a request to cancel membership to support@fitnessjournal.org. If you wish to cancel by mail, you can send cancellation requests to FitnessJournal, 18170 Arnold Drive, Sonoma CA 95476. Please be sure to include your login, first and last name, and your request to cancel. Please note that phone cancellations are not accepted. We offer a 30 day risk-free money back guarantee policy. If you are not satisfied with your journal for any reason and cancel within the first 30 days, we will provide you with a full refund of your purchase price if you request a refund at the time of cancellation. The 30 day money back guarantee period begins with the registration of your initial account at Fitness Journal. If at a later date you register a secondary account at fitness journal, your 30 day guarantee will still be bound to the registration date on your initial account. Refunds are provided by request only at the time of cancellation. Post cancellation refunds are not available, even within the initial 30 day period.

COMMUNICATIONS
Any time you use our online support forms, messaging services or send us emails, you are communicating with Fitness Journal electronically. You consent to receive communications from us electronically. We will communicate with you via email or journal messaging to help answer your questions and provide support. You agree that all electronic communications including emails, messaging, and web-based receipts satisfy any legal requirement that such communications be in writing. FitnessJournal may also deliver communications to you at the street address listed in your fitness journal account. You may contact us at any time by email at support@fitnessjournal.org and your message will be routed to the appropriate department. In addition, you may contact us by mail at the following address: FitnessJournal, 18170 Arnold Drive, Sonoma CA 95476

LIMITATION OF LIABILITY
Users of the FitnessJournal website expressly agree that the use of this site and the fitness journal platform is at the User’s sole risk. FitnessJournal does not warrant this website will be uninterrupted or error-free. FitnessJournal does not warrant or make any representation regarding the use of the information provided on the website or the results that may be obtained from the use of the information, software, or content. FitnessJournal does not endorse or sponsor any team, individual, or entity as linked by Fitness Journal or a FitnessJournal member unless it’s explicitly stated. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FITNESSJOURNAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, PLATFORM, OR MATERIALS INCLUDED IN THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPICABLE LAW, FITNESSJOURNAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FITNESSJOURNAL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRET, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULT OF THE USE OOF THE INFORMATION PROVIDED ON THE WEBSITE OR FITNESSJOURNAL PLATFORM, EVEN IF FITNESSJOURNAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FITNESSJOURNAL’S LIABILITY EXCEED THE PRICE YOU PAID FOR YOUR FITNESS JOURNAL SUBSCRIPTION THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FITNESSJOURNAL OR AFFILIATES OR THE LINK, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall FitnessJournal or any other party involved in creating, producing, or distributing the Website or FitnessJournal platform be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the website or FitnessJournal platform, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the website and FitnessJournal platform. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

IDEAS AND SUGGESTIONS SUBMISSION POLICY
As a general rule, we do not accept or review unsolicited ideas or suggestions. This includes marketing, advertising, programming, business ideas or technology enhancements. We request that you do not send any original creative work or concepts to us. The reason we have this policy is to prevent disputes or misunderstandings that could arise if we happen to have a similar feature or enhancement that may have been submitted via our suggestion form or otherwise. That being said, if you decide that you still wish to send your suggestions or ideas, that you do so with the full understanding that anything sent to FitnessJournal.org via mail, email, fax, submission form, or any other method of delivery becomes the property of FitnessJournal, and you are not entitled to any compensation of any kind. FitnessJournal may use all submitted ideas for any purpose, in any way, including using them to enhance our own site, or share them with others. All information provided on our ideas and suggestions feedback form is considered non-confidential. FitnessJournal.org has the right to publish or use any information submitted for any reason.

THIRD PARTY CONTENT
The FitnessJournal platform contains information, data, software, photographs, graphs, animations, videos, audio and other content created by users and third parties. FitnessJournal does not have editorial control over of this content. Any opinions, advice, statements, services, offers or other information posted by a member or third party affiliate are those of the respective authors or affiliates and not of FitnessJournal. FitnessJournal does not guarantee the accuracy, completeness, or usefulness of any content nor its merchantability or fitness for any particular purpose. FitnessJournal does not endorse nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the website by any user or affiliate. Under no circumstances shall FitnessJournal be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the website. It is the responsibility of the end user to evaluate the information, opinion, advice or other content available through the website or FitnessJournal platform.

ONLINE CONDUCT
User agrees that the fitness journal website and platform shall be used for lawful purposes only. User is prohibited from posting any unlawful, harmful, threatening, harassing, abusive, vulgar, defamatory, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If FitnessJournal is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, FitnessJournal may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the website. FitnessJournal may disclose any content or electronic communication of any kind to satisfy the requirements of any law, regulation, or government request. FitnessJournal shall assume no liability for actions or inactions with respect to conduct, communication, or content on the website or FitnessJournal platform.

ABUSE AND SPAMMING
Fitness Journal has a very strict spamming and abuse policy. Spamming our discussion board, unsolicited advertising of products or services via any site communcation methods including site messaging, discussions, friends lists, or email will result in immediate termination of your account and you give up your right to a 30 day money back guarantee. If you are not sure if a message falls within the category of spam, please ask us first. Abuse of other fitness journal members by way of messaging, discussion board posts, friends lists, or other methods will not be tolerated and will lead to immediate account cancellation without refund and ban you from using our services in the future.

OUTLINKS TO OTHER WEBSITES
Fitness Journal and the FitnessJournal platform may contain links to external third party services. Fitness Journal has no control over these links or the content published at these links. FitnessJournal does not guarantee, represent or warrant that the content provided by external sites is accurate, legal, or inoffensive. FitnessJournal does not endorse third party content, media, graphics, videos, photographs, or any other content.

COPYRIGHT INFORMATION
Copyright © 2007 FitnessJournal.org. All materials and contents contained in the FitnessJournal website and FitnessJournal platform are copyrighted material belonging exclusively to FitnessJournal or its content suppliers and are protected by United States and international copyright law. FitnessJournal enforces its copyright interests to the fullest extent of the law and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code (The Visual Artists Rights Act of 1990). All rights are reserved.

INDEMNITY
You agree to hold defend, indemnify, and hold harmless FitnessJournal from and against any claims, actions, or demands, liabilities or settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these terms and conditions.

APPLICABLE LAW
The FitnessJournal website and platform is produced and controlled by FitnessJournal in the state of California. As such, the laws of the state of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. FitnessJournal reserves the rights to make changes at any time to its website, platform, legal disclaimers, privacy statement, and this terms of service document. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the state of California for any litigation arising out of or relating to use of or subscription through the FitnessJournal website and journal platform, and waves any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.

MODIFICATION TO TERMS
FitnessJournal reserves the right to make changes to the website and FitnessJournal platform, the privacy statement and this Terms and Conditions document at any time, for any reason. These changes are effective immediately upon publication on the website or FitnessJournal platform. Please check the terms and conditions for modification periodically. Each time a user accesses the website or FitnessJournal platform, he or she has deemed to have accepted any such changes.

Last updated December 11th 2007

Privacy Statement