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TERMS OF SERVICE

The FORM & Fitness (My FORM Coach, My FORM Zone ) website (“Website”) is a hosted service operated by FORM & Fitness. Any use of the Website is subject to the following Terms and Conditions of Use (“Terms and Conditions”), as well as to FORM & Fitness' Privacy Policy, which is incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acceptance of these Terms and Conditions.

  1. Your My FORM Zone Account: You are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FORM & Fitness may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause FORM & Fitness liability. You must immediately notify FORM & Fitness of any unauthorized uses of your account or any other breaches of security. FORM & Fitness will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. FORM & Fitness may from time to time set storage limits for your account, or take any other measures FORM & Fitness considers appropriate to manage the Website. FORM & Fitness will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the dashboard you see when you log in to your FORM & Fitness account or via the “FORM & Fitness” blog accessible at FORM & Fitness. FORM & Fitness may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice. However, FORM & Fitness may post blog entries about its policy changes, and you may wish to check your dashboard for FORM & Fitness’s announcements about any such changes.
  2. Content; Responsibility of Contributors.If you post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if any third party has rights to any Content, you have either (i) received permission from the third party to post or make available the Content, including but not limited to any software, or (ii) secured from the third party a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not designed to drive traffic to third party sites or manipulate search engine results, to generate revenue or traffic through deceptive means, to further unlawful acts (such as phishing), to mislead recipients as to the source of the material (such as spoofing), or to misleadingly appropriate the identity of another person;
    • the Content is not obscene, pornographic, libelous, defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether or not requested to do so by FORM & Fitness.

    Without limiting any of those representations or warranties, FORM & Fitness has the right, in FORM & Fitness’s sole discretion, to (i) refuse or remove any Content; and (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. FORM & Fitness will have no obligation to provide a refund of any amounts previously paid.

    By submitting Content to FORM & Fitness for inclusion on the Website, you grant FORM & Fitness a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish and distribute the Content solely for the purpose of displaying, distributing and promoting FORM & Fitness services. If you delete Content, FORM & Fitness will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    FORM & Fitness claims no ownership of or control over any Content you submit. However, FORM & Fitness owns all right, title, and interest in and to the Website, excluding third-party content. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Website. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website.

  3. Fees and Payment. FORM & Fitness may in the future offer optional premium paid services such as extra storage or domain purchases are available in the Upgrades section of your accounts dashboard. By selecting a premium service you agree to pay FORM & Fitness the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
  4. Responsibility of Website Visitors. FORM & Fitness has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, FORM & Fitness does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FORM & Fitness disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  5. Medical Disclaimer.This site may include content related to health, fitness or nutrition, among other things. Some of this information may be supplied by third parties, and FORM & Fitness takes no responsibility for any such third-party information. Any information provided by FORM & Fitness may not be complete, nor is any information on this site intended as a substitute for qualified professional medical advice, diagnosis, or treatment. If you have any medical or health related concerns, you should consult with a qualified physician or other medical professional.

    The information on this site does not necessarily reflect the views and opinions of FORM & Fitness and should be used for informational purposes only. No assurance is given as to the accuracy or validity of the information contained on this site.

    Before beginning any new diet or fitness plan, it is recommended that you consult with your physician.

  6. Content Posted on Other Websites.We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FORM & Fitness links, and that link to FORM & Fitness. FORM & Fitness does not have any control over those non-FORM & Fitness websites and webpages, and is not responsible for their contents or their use. By linking to a non-FORM & Fitness website or webpage, FORM & Fitness does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FORM & Fitness disclaims any responsibility for any harm resulting from your use of non-FORM & Fitness websites and webpages.
  7. Copyright Infringement and DMCA Policy.As FORM & Fitness asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FORM & Fitness violates your copyright, you are encouraged to notify FORM & Fitness in accordance with FORM & Fitness’s Digital Millennium Copyright Act (”DMCA”) Policy. FORM & Fitness will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of FORM & Fitness or others, FORM & Fitness may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, FORM & Fitness will have no obligation to provide a refund of any amounts previously paid to FORM & Fitness. Details of FORM & Fitness’s DMCA Policy can be found here.
  8. Trademarks. FORM & Fitness, the FORM & Fitness logo, and all other trademarks, service marks, graphics and logos used in connection with FORM & Fitness, or the Website are trademarks or registered trademarks of FORM & Fitness or FORM & Fitness’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FORM & Fitnessor third-party trademarks.
  9. Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of FORM & Fitness and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
  10. LIMITATION OF WARRANTIES OF FORM & Fitness, ITS SUPPLIERS AND ITS LICENSORS.EXCEPT AS OTHERWISE EXPRESSLY STATED, THE WEBSITE AND ALL CONTENT POSTED TO OR AVAILABLE FROM THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND FORM & FTNESS, ITS SUPPLIERS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FORM & FTNESS DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU FURTHER UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT FORM & FTNESS, ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
  11. LIMITATION OF LIABILITY OF FORM & FTNESS, ITS SUPPLIERS AND ITS LICENSORS.EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL FORM & FTNESS, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE WEBSITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF FORM & FTNESS, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION 10 REPRESENTS A REASONABLE ALLOCATION OF RISK.
  12. General Representation and Warranty.You represent and warrant that your use of the Website will be in accordance with the FORM & Fitness Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
  13. Indemnification.You agree to defend, indemnify and hold harmless FORM & Fitness, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
  14. Miscellaneous.These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between FORM & Fitness and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FORM & Fitness, or by the posting by FORM & Fitness of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Luis Obispo County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; FORM & Fitness may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.