- Description of Service
Fully Fit is providing Member with informational services related to improved stability, strength, coordination and cognition. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.
- Disclaimer of Warranties.
The site is provided by Fully Fit on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Fully Fit makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. Fully Fit shall have no liability for any interruptions in the use of this Website. Fully Fit disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable within those jurisdictions.
- Limitation of Liability
FULLY FIT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FULLY FIT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FULLY FIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE WITHIN THOSE JURISDICTIONS.
If, notwithstanding the above limitations of liability, Fully Fit, our affiliates, our licensors or our suppliers are found liable for any loss or damage which arises out of or in any way connected with Services, then liability will in no event exceed the lesser of: (1) $2,500 or (2) any charges retained by Fully Fit with respect to the affected Member during the three-month period preceding the date of the origination of Member’s claim.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy is found to have failed of its essential purpose. The limitations of liability provided inure to the benefit of Fully Fit, its affiliates and their respective suppliers and licensors.
Member agrees to indemnify and hold Fully Fit, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s negligence or willful act or omission or misuse of the Website, the violation of this Agreement, or infringement by Member, or other user of the Website using Member’s computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Fully Fit reserves the right to modify or discontinue the Website with or without notice to the Member at any time without prior notice. Fully Fit shall not be liable to Member or any third party should Fully Fit exercise its right to modify or discontinue the Website. Member acknowledges and accepts that Fully Fit does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
If any part of these terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Fully Fit, and the remaining portions shall remain in full force and effect. The failure of Fully Fit or its suppliers to enforce these terms and conditions, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
- Third-Party Sites
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by such products’ vendors (“Vendors”) or collected from publicly available sources. While Fully Fit makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.
Fully Fit makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Courts of Illinois
Any litigation or dispute related to these terms and conditions will be brought in state or federal courts located in Chicago, Illinois, and Member hereby irrevocably consents to personal jurisdiction of such courts for such purpose. No party will make a motion to dismiss or transfer any case filed in accordance with this subsection on the basis of improper venue, personal jurisdiction, or for the convenience of any party or witness.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information
All content included or available on this Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005 Fully Fit, with all rights reserved, or is the property of Fully Fit and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fully Fit is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Fully Fit. Except as expressly stated in these terms and conditions, nothing in herein confers any license under any of Fully Fit’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
Fully Fit®, Kinetic Bridging™ and https://www.kinetickonnections.com™ are proprietary marks of Fully Fit. Fully Fit’s trademarks may not be used in connection with any product or service that is not provided by Fully Fit, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fully Fit.
All other trademarks displayed on Fully Fit’s https://www.kinetickonnections.com Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Fully Fit.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Fully Fit designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Joshua A. Nesser
Lavelle Law, Ltd.
141 W. Jackson, Ste. 2800
Chicago, IL 60604
By Telephone: 312-888-4113
By Email: firstname.lastname@example.org
- Use by Minors
Fully Fit retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Fully Fit reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms