SERVICE AND TERMS AGREEMENT
Service Agreement last updated November 16th 2009. FitnessJournal subscriptions purchased prior to November 16th 2009, please see the note at the bottom of this agreement**
FitnessJournal.com ("FitnessJournal") provides its journal service to you subject to the following terms and conditions. If you visit the websites of or utilize the services provided by Fitness journal websites, you accept these terms and conditions. If you do not agree to be bound by all these terms and conditions, please do not use or access this website. Fitness Journal reserves the right to cancel or refuse service due to certain medical or health conditions, or for violation of any of our terms and services. The contents of this website including text, graphics, images, animations, movies, and media and any other materials are to be used for informational purposes only. The information presented on this website is in no way intended as medical advice or as a substitute for professional medical advice or medical treatment. This information should only be used in conjunction with the guidance of a trained medical or fitness professional. Please consult your physician before starting any health, nutrition, or fitness program. Nothing stated in this website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult with your health care provider if you have any questions regarding a medical condition, your exercise program, weight loss goals, diet, nutritional needs and supplements, or anything else related to your health and fitness.
FITNESS JOURNAL SERVICE
Fitness Journal is a pay-as-you-go service. You will recieve a one time charge on your credit card for the subscription length you select. We do not store your credit card information, we DO NOT charge a automatic renewal fee. If you like Fitness Journal, you may choose to renew manually at any time from within the support section your journal. There are no cancellation fees or processing fees associated with Fitness Journal.
DEMONSTRATION AND FREE TRIAL ACCOUNTS
If you are entering Fitness Journal using a demonstration code that provides free access for a limited time, you are under no obligation to pay for any services unless you choose to manually do so. At the end of your free trial, you will have the opportunity to renew your journal by credit card or paypal. You will not be billed for the free trial nor will you be required to purchase any products or ongoing services from FitnessJournal.
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.
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. Please note that your account WILL NOT automatically renew at the end of your subscription period. We do not store your credit card information in our system at any time.
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 firstname.lastname@example.org. If you wish to cancel by mail, you can send cancellation requests to FitnessJournal, 186 MacDowell Road, Peterborough NH. 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 it.
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 email@example.com and your message will be routed to the appropriate department. In addition, you may contact us by mail at the following address: FitnessJournal, 186 MacDowell Road, Peterborough NH 03458
LIMITATION OF LIABILITY
Users of the FitnessJournal website expressly agree that the use of this site and the fitness journal platform is at the Userís 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 itís 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 FITNESSJOURNALíS 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 Websiteís 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 Userís 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.
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 © 2009 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.
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.
The FitnessJournal website and platform is produced and controlled by FitnessJournal in the state of New Hampshire. As such, the laws of the state of New Hampshire 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 New Hampshire 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 New Hampshire courts and agrees not to plead or claim in any New Hampshire 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.
Created: December 11th 2007
Modified: September 15th 2009 - inclusion of DEMONSTRATION AND FREE TRIAL ACCOUNTS
Modified: November 16th 2009** - Accounts registered prior to November 16th 2009 fall under our automatic renewal policy. As of November 16th 2009 we will no longer offer auto renewal service at Fitness Journal. We feel that providing a pay-as-you go system offers a higher level of service and satisfaction to our customers. Any customers enrolled in automatic renewal service have been removed from this service as of November 16th 2009 and will no longer be billed with this method. To continue your subscription with Fitness Journal, please login to your account to renew your service.