Legal Statements

Welcome to fitnessfare.com, a service of Fitness Fare, Inc.. By using fitnessfare.com, you accept the terms of this Visitor Agreement. Please read it carefully. If you don't wish to accept the terms of this Visitor Agreement, please don't use our site. (When we refer to "Fitness Fare, Inc.," "we," or "our," such references include Fitness Fare, Inc. and our affiliated companies.) The Web is an evolving medium. We may change the terms of this Visitor Agreement from time to time without prior notice. By continuing to use fitnessfare.com after we post any revised Visitor Agreement, you accept this Visitor Agreement, as revised. Fitness Fare, Inc. respects the privacy of visitors to our site. Please take a few minutes to review our Privacy Policy.

We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to etonips@fitnessfare.com.

Before you act on information you've found on fitnessfare.com, you should confirm any facts that are important to your decision. Fitness Fare, Inc. is not responsible for, and cannot guarantee the performance of, goods and services offered on our site or by others to whose sites we link. A link to another website does not constitute an endorsement of that site (or of any product, service or other material offered on that site) by Fitness Fare, Inc.

You may not use any trademark or service mark appearing on fitnessfare.com without the prior written consent of the owner of the mark. "Fitness Fare, Inc." and the Fitness Fare, Inc. logo are trademarks of Fitness Fare, Inc.

Disclaimer of Warranties and Liability

IF YOU ACCESS FITNESSFARE.COM OR RELY ON ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH FITNESSFARE.COM. FITNESSFARE.COM IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." FITNESS FARE, INC. AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, SERVICES, OR PRODUCTS AVAILABLE THROUGH FITNESSFARE.COM. NOR DO THEY GUARANTEE THAT FITNESSFARE.COM WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL FITNESS FARE, INC. OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF FITNESSFARE.COM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FITNESS FARE, INC.., AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF FITNESS FARE, INC., AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO FITNESSFARE.COM WILL NOT EXCEED $100.00.

Miscellaneous

All purchases of services or products through fitnessfare.com are governed by our Terms of Sale. Please read them before making a purchase. Fitness Fare, Inc. does its best to ensure that the materials we post to our site are both timely and accurate. However, some of this information that was accurate when posted may be out-of-date when you see it.

To obtain access to certain services through fitnessfare.com, you may be given an opportunity to register with Fitness Fare, Inc.. As part of any such registration process, you will select a Member Name and Password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter our site under the name of, another person. Fitness Fare, Inc. reserves the right to reject or terminate any Member Name that it deems offensive. You will be responsible for preserving the confidentiality of your Password and will notify Fitness Fare, Inc. at etonips@fitnessfare.com of any known or suspected unauthorized use of your account. Although we expect all of our users to act responsibly when using fitnessfare.com, we reserve the right to suspend service or deny access to our site for any reason.

This Visitor Agreement has been made in and will be construed in accordance with the laws of the State of Texas. By using fitnessfare.com, you consent to the exclusive jurisdiction of the state and federal courts in Texas, in all disputes arising out of or relating to this Visitor Agreement or this website. Any cause of action or claim you may believe you have with respect to fitnessfare.com obtained through our site must be brought within one (1) year after the alleged claim or cause of action arises. Any failure to insist upon or enforce strict performance of any provision of this Visitor Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Visitor Agreement. Fitness Fare, Inc. may assign its rights and duties under this Visitor Agreement to any party at any time without notice to you. By using fitnessfare.com, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using fitnessfare.com, and we welcome suggestions for improvements.

Privacy Policy

The information gathered by fitnessfare.com falls into two categories: (1) information supplied by visitors to the site when they register or initiate transactions, and (2) tracking information gathered as visitors navigate through the fitnessfare.com site. Third party providers featured on or linked to by our site, such as vendors of products and services offered through our site, may be gathering the same kinds of information.

The information you provide us during a visit to fitnessfare.com helps us to improve the quality and utility of our site. The more information you share with us, the better we can serve your needs.


When you purchase services, we request the following information:

Name
billing address
drop locations
Credit card number or account number
Phone or fax number
Email address

We need this information to process your order. If we have trouble processing your order, the contact information you provide is used to get in touch with you. We also use this contact information to provide you updates regarding your current service.

If you provide us your email address, from time to time we may send you email about new products and services, or offers that we believe will interest you. We may also share your email address with providers of products or services that we think will interest you. Though we hope you'll find this information useful, if you do not wish to receive such email, please indicate, when you give us your email address that you'd prefer not to receive such information or offers

When you access another website or purchase products or services or conduct other transactions through our website, use of any information you provide is governed by the privacy policy of the operator of the site you're visiting or the provider of such products or services. When you provide information in the course of obtaining products or services through our site, use of any information you provide may be governed by the privacy policy of the provider of those products or services, even if it appears that you're on fitnessfare.com pages throughout the transaction. The provider's privacy policy may differ from ours. If you can't find the privacy policy of any of our provider partners via a link either from the site's homepage or from the pages on which the products or services are offered, you should contact the provider directly for more information.

The information we collect from our visitors is stored within a database we control. Physical access to the servers on which we store visitor information is restricted. However, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted over the Internet.

We may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, the public or Fitness Fare, Inc.. As our business grows, we may buy or sell various assets. In the unlikely event that Fitness Fare, Inc. or substantially all of its assets are acquired by another company, information on our visitors would be among the transferred assets.

The Web is an evolving medium. If we need to change our privacy policy at some point in the future, we'll post the new policy promptly. If at any point we decide to use personally identifiable information in a manner different from what was stated at the time it was collected, we will notify you and give you an opportunity to opt out of the proposed use. By using fitnessfare.com, you agree that your visit to our site, and any dispute over privacy, is governed by this Privacy Policy and our Visitor Agreement.

Please Read These Disclaimers

FITNESS FARE, INC. MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, MATERIALS, PRODUCTS OR ITS SERVICES AND DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FITNESS FARE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND SUBSCRIBER MAY NOT RELY ON ANY STATEMENT OF WARRANTY. THE SITE AND/OR THE MATERIALS MAY CONTAIN TYPOGRAPHIC ERRORS OR INACCURACIES. FITNESS FARE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR MATERIALS INCLUDING ANY OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE WHICH MATERIAL MAY ORIGINATE FROM ANOTHER WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SITE OR MATERIALS IS AT YOUR SOLE RISK. FITNESS FARE MAY, IN ITS SOLE DISCRETION, CORRECT OR CHANGE THE SITE, MATERIALS, PRODUCTS OR ITS SERVICES AT ANY TIME.

LIMITATION OF LIABILITY - Fitness Fare nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection in any way with the use of or inability to use the Site, Materials, products, services or applications. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to, compensatory, direct, indirect or consequential damages, loss of data, programs, income or profit, loss of or damage to property and claims of third parties.

 
  Copyright © 2007 :: Legal Policy