IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of Fitpy.com (the "Web Site") which is provided by Fitpy.com (the "Company"). These Terms and Conditions are subject to change by the Company at any time, at its sole discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly.
These Terms and Conditions were last updated: July 25, 2010
Use of the Web Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Fitpy.com hereby grants you a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for your personal educational, informational, and entertainment use. Except as permitted herein, User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent.
No Automated Querying
You may not send automated queries of any sort to the Web Site or to the Company's computer systems without our prior written permission. "Sending automated queries" includes without limitation: (a) using any software that sends various queries to the Web Site to determine how it "ranks" the Search Results for various queries; (b) "meta-searching" the Web Site; or (d) using any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic device) to access the Web Site or the Company's computer systems or to monitor or copy the Web Site or any search results generated on our site.
Content Submission and Grant of License
The user content and product reviews ("User Content") on our site are comments received from actual Web Site users. The Company hosts User Content for the entertainment and educational benefit of our site visitors, but does not guarantee the veracity of same.
In addition, participating merchants and other third parties may pay us to be presented on our site or to have their product or service offerings featured in our search results, and may also purchase research from us, but in no event does any such payment affect the reviews of any merchant by participating online shoppers.
Users agree not to take any actions for the purpose of manipulating or subverting the product reviews. Furthermore, users agree not to post any content that is false or that contains profanity, personal attacks upon individuals, ethnic slurs, personal information such as credit card numbers, material that violates another's legal rights, or other offensive or inappropriate content for a general online search or shopping audience (keep it "PG").
By posting a review, the poster thereby represents that the review is factual to the best of their knowledge, and based on personal experience with the merchant or product reviewed, and irrevocably assigns all copyright and other intellectual property rights in the review to Fitpy.com. Fitpy.com may publish the review on its Web site or elsewhere at its discretion and reserves the right to remove or alter the content of any review deemed offensive or in violation of its policies, and all decisions by Fitpy.com in this regard are final.
Disclaimer of Warranty and Limitation of Liability
The Company expressly disclaims any and all warranties with respect to any Content or User Content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
Users will have access to a variety of sources of content through the Company's service. The Company cannot verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources, including product price information received from merchants display on the Web Site. USER MUST RELY SOLEY ON PRICING INFORMATION AVAILABLE ON MERCHANT SITES ACCESSIBLE VIA THE WEB SITE WHEN MAKING PURCHASE DECISIONS.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way.
The Company, its Licensors, service providers, content providers, affiliates, agents, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed $100.
By using Fitpy.com, User agrees to indemnify and hold the Company, its Licensors, service providers, content providers, affiliates, agents, employees, agents, officers and directors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content or User Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.
Fitpy.com is a venue where consumers can browse photos of consumer product and photos posted on the Web by individuals, "window-shop" for desired items, click-through to merchant site and post their own comments and product reviews. In the event that you have a dispute with one or more users (including merchants) of Fitpy.com you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge the Company, its Licensors, service providers, content providers, affiliates, agents, employees, agents, officers and directors from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes.
User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers (including other Users). Unless otherwise indicated, the Company and its content providers (including other Users, except as assigned to the Company) retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. User further agrees not to hack into the Web Site but to only access the Web Site content as provided by the Company.
Reporting Copyright and Other Intellectual Property Violations
Company undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement, as well as other intellectual property violations, we receive. We will remove all content deemed to have been posted or distributed in violation of any such laws.
To report such a violation, please provide Company with as much detail as possible, including the following:
Such copyright and other intellectual property claims can be sent to email@example.com
Digital Millennial Copyright Act (DMCA) Compliance
Fitpy.com strives at all times to comply with DMCA requirements. Click here to learn more about our policy and how to contact us when you believe your DMCA rights have been violated.
This Site may be accessed from countries other than the United States. However, this Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Governing Law and Arbitration
This Agreement is governed by the laws of the United States of America and the Commonwealth of Virginia (except with respect to choice of law). You agree that the proper forum for any claim arising under this Agreement will be the U.S. Court for the Eastern District of Virginia or the appropriate Virginia court.
Headings. The headings of Sections of this Agreement are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.
Severability. If any Section or provision of this Agreement is held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision of this Agreement shall be deemed severed from this Agreement and the validity of the remainder of this Agreement shall not be affected thereby.
Waivers and Amendments. The waiver by either party of any provision of this Agreement on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Agreement on any other occasion or upon any other circumstances. This Agreement may be waived or amended only in writing and signed by both parties.
Notices. All notices or other written communications required or permitted under this Agreement shall be given in writing by courier or reputable overnight delivery services, or by certified mail, return receipt requested to either party at its address set forth below:
Claims can be sent to firstname.lastname@example.org or
This Agreement contains the complete understanding of the parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications and promises of any kind, whether oral or written, between such parties with respect to such subject matter.