FitnessHunk.com.com is intended for your personal information,
education and communication. Please feel free to browse the Site;
however, your access and use of the Site is subject to the following
terms of service ("Terms of Service") and all applicable
laws. By accessing and browsing the Site, you accept, without
limitation or qualification, the Terms of Service. If you do not
agree with all of the following Terms of Service, please do not
use this Site. FitnessHunk.com reserves the right, at its sole
discretion, to change, modify or otherwise alter these terms and
conditions at any time. Changes and/or modifications shall become
effective immediately upon the posting. Please review these Terms
of Service periodically. Your continued use of the Site following
the posting of changes and/or modifications will constitute your
acceptance of these Terms of Service.
TERMS OF SERVICE
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this Site is the copyrighted property
of FitnessHunk.com, or its subsidiaries or affiliated companies
and/or third-party licensors. All trademarks, service marks, and
trade names are proprietary to FitnessHunk.com, or its affiliates.
No material from FitnessHunk.com or any Internet site owned, operated,
licensed, or controlled by us or our affiliates may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy of the materials
on any single computer for your personal, noncommercial home use
only, provided that (i) you keep intact all copyright and other
proprietary notices, (ii) you make no modifications to the materials,
(iii) you do not use the materials in a manner that suggests an
association with any of our products, services, or brands, and
(iv) you do not download quantities of materials to a database
that can be used to avoid future downloads from the FitnessHunk.com
Site.
For purposes of these terms, the use of any such material on any
other Web site or computer environment is prohibited. All trademarks,
service marks, trade names, and trade dress are proprietary to
us. In the event you download software from the FitnessHunk.com
Site, the software, including any files, images incorporated in
or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by
us or third-party licensors for your personal, noncommercial home
use only. We do not transfer title to the Software to you. You
own the medium on which the Software is recorded, but we (or third-party
licensors) retain full and complete title to the Software and
all intellectual property rights therein. You may not redistribute,
sell, de-compile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form.
FitnessHunk.com DISCLAIMER
THE MATERIALS IN FitnessHunk.com ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
WE FitnessHunk.com DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS ON THE FitnessHunk.com SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE FitnessHunk.com SITE OR THE SERVERS THAT MAKE SUCH
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS ON THE FitnessHunk.com
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
We explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or
from the FitnessHunk.com Site. We cannot ensure that you will
be satisfied with any products or services that you purchase from
a third-party site that links to or from the FitnessHunk.com Site
or third-party content on our sites. We do not endorse any of
the merchandise, nor have we taken any steps to confirm the accuracy
or reliability of, any of the information contained in such third-party
sites or content. We do not make any representations or warranties
as to the security of any information (including, without limitation,
credit card and other personal information) you might be requested
to give any third-party, and you hereby irrevocably waive any
claim against us with respect to such sites and third-party content.
We strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.
SUBSCRIPTION ACCOUNT & BILLING
Some services offered by the FitnessHunk.com Site are subscription-based
services. If you open a subscription- based account with FitnessHunk.com,
you hereby agree to pay all charges to your account, including
applicable taxes, in accordance with billing terms in effect at
the time the fee or charge becomes payable. We reserve the right
to change the amount of, or basis for determining, any fees or
charges for services we provide, and to institute new fees, charges,
or terms effective upon prior notice to customers. We reserve
the right to terminate any account at any time for any reason.
FitnessHunk.com agrees that it will terminate Customer's account
upon notice from Customer.
Your Subscription will be automatically renewed and your credit
card account or bank account or telephone bill will be charged
as per the terms of the site. Customer's right to use the Service
is subject to any limits established by FitnessHunk.com or by
Customer's credit card or bank issuer. If payment cannot be charged
to Customer's credit card, bank account or Customer's charge is
returned for any reason, including chargeback, FitnessHunk.com
reserves the right to either suspend or terminate Customer's access
and account. If Customer has reason to believe that Customer's
account is no longer secure (for example, in the event of a loss,
theft or unauthorized disclosure or use of Customer's ID, password,
or any credit, debit or charge card number stored) notify FitnessHunk.com
of the problem to avoid possible liability for any unauthorized
charges to Customer's account.
Fees for the first month's subscription are not refundable, unless
the account holder is not able to access the site and notifies
FitnessHunk.com within 48 hours of creating the account.
You agree that you will not disclose your membership username
and password to any individual or group. They are strictly for
your use. Any violation of your password will result in the immediate
cancellation of your membership.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality
of your Account info and/or Password and for all activities that
occur under your account. You hereby indemnify, defend, and hold
us and our affiliates and our officers, directors, owners, agents,
information providers, affiliates, licensors, and licensees (collectively,
the "Indemnified Parties") harmless from and against
any and all liabilities and costs (including reasonable attorneys'
fees') incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of this Agreement or
claims arising from your account. You shall use your best efforts
to cooperate with us in the defense of any claim. We reserve the
right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by
you.
ONLINE FORUMS, BULLETIN BOARDS, CHATROOMS, POSTINGS
FitnessHunk.com may include bulletin boards, chat rooms and other
areas where users can post and/or exchange information, ideas,
opinions, photographs, images, videos, creative works or any other
materials (collectively "Bulletin Boards"). FitnessHunk.com
does not control the material delivered to Bulletin Boards, and
FitnessHunk.com has no obligation to monitor such Bulletin Boards.
The messages do not necessarily reflect the views of FitnessHunk.com.
In no event shall FitnessHunk.com assume or have any responsibility
or liability for any materials posted on Bulletin Boards or for
any claims, damages or losses resulting from their use and/or
appearance on this Site. FitnessHunk.com reserves the right at
all times to disclose any information (including the identity
of the persons providing information or materials on its Bulletin
Boards) as necessary to satisfy any law, regulation or governmental
request.
In addition, FitnessHunk.com reserves the right to edit, refuse
to post or to remove any information or materials, in whole or
in part, that in FitnessHunk.com's sole discretion are objectionable
or in violation of these Terms of Service.
By posting messages, uploading files, inputting data, or engaging
in any other form of communication through this service, you are
granting FitnessHunk.com a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to: Use, copy, sublicense, adapt,
transmit, publicly perform or display any such communication Sublicense
to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights
under copyright, trademark, servicemark or patent laws under any
relevant jurisdiction.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE FitnessHunk.com SITE OR MATERIALS OR FUNCTIONS ON
ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THE FitnessHunk.com SITE.
TERMINATION
These terms are effective until terminated by either party. You
may terminate these terms at any time by discontinuing use of
the FitnessHunk.com Site and destroying all materials obtained
from the site and all related documentation and all copies and
installations thereof, whether made under these terms or otherwise.
Your access to the FitnessHunk.com Site may be terminated immediately
without notice from us if in our sole discretion you fail to comply
with any term or provision of these terms. Upon termination, you
must cease use of the FitnessHunk.com Site and destroy all materials
obtained from such site and all copies thereof, whether made under
these terms or otherwise.
Privacy
Statement
Your
privacy and safety on the Internet are important to us. As part
of the operation of FitnessHunk.com, we gather certain types of
information about FitnessHunk.com users, and we would like to
explain the types of information we gather, what we do with it
and how to correct or change the information.
INFORMATION
COLLECTED BY FitnessHunk.com
FitnessHunk.com
collects two types of personally identifying information from
users: personal data (such as names and e-mail addresses); and
aggregated data (such as information about traffic patterns on
FitnessHunk.com sites, for example how many users log into FitnessHunk.com
sites on a daily basis).
PERSONAL
DATA
Personal
data is collected when users provide personal data to FitnessHunk.com,
for example in registering for electronic newsletters or other
membership services, in registering for online bulletin boards,
in applying for online modeling opportunities, in answering surveys,
purchasing items from FitnessHunk.com, and registering for contests
and other promotional opportunities provided by FitnessHunk.com.
As such FitnessHunk.com does not collect consumer data from third
party sources and does not engage in spamming and other illegal
Internet activities that violate the privacy of users.
AGGREGATED
INFORMATION
Aggregated
information, such as which pages users access or visit and information
volunteered by users, such as survey information and/or site registrations,
is collected through various methods. For example, FitnessHunk.com
collects IP addresses. An IP address is a number that is automatically
assigned to your computer whenever you're surfing the Web. Web
servers, the computers that "serve up" Web pages, automatically
identify your computer by its IP address, and when you request
a page from FitnessHunk.com, our servers may log your IP address.
FitnessHunk.com does not link IP addresses to anything personally
identifiable, so although your session may be logged, you will
remain anonymous to us. Should FitnessHunk.com collect IP addresses,
it is only for the purposes of system administration and to gather
aggregate data about the volume of use on FitnessHunk.com.
USE
OF COOKIES
FitnessHunk.com
also uses "cookies" to collect information. A cookie
is a small data file that most major Web sites write to your hard
drive for record keeping purposes when you visit them. Cookies
allow FitnessHunk.com to measure activity on the FitnessHunk.com
Site and to improve your user experience, for example by remembering
your passwords and viewing preferences, thus allowing you to visit
various member-only parts of the Site without re-registering.
Cookies are used by FitnessHunk.com to measure activity on the
FitnessHunk.com Site and make improvements and updates based on
which areas are popular and which are not. FitnessHunk.com does
not use cookies to retrieve information from your computer that
was not originally sent in a cookie. Except for personal information
voluntarily provided by you (i.e., during membership registration
or a contest), FitnessHunk.com does not use information transferred
through cookies for any promotional or marketing purposes, nor
is that information shared with any third parties whatsoever.
Most
browsers are initially set to accept cookies. If you'd prefer,
you can set yours to refuse cookies or to alert you when cookies
are being sent. However, it is possible that some parts of the
FitnessHunk.com Site, such as member-only areas and shopping,
will not function properly if you do so.
USE
OF INFORMATION COLLECTED BY FitnessHunk.com
FitnessHunk.com
uses both the personal and aggregated information we collect for
multiple purposes. The information is used to improve the content
of FitnessHunk.com, to customize the content and/or layout of
FitnessHunk.com for each individual user and to notify users about
updates to FitnessHunk.com or promotional offers or opportunities
that we believe will be of interest to you.
FitnessHunk.com.
may also share information with consultants and affiliates for
internal business purposes and may divulge personal information
if such information is subpoenaed, or if FitnessHunk.com believes
that any user has committed unlawful acts, to acts that endanger
the health or safety of another user or of the general public.
In some situations, we will share your personal information, on
a confidential basis, with third parties who perform a particular
service on our behalf, such as sending e-mails. Also, FitnessHunk.com
may be sold or transferred to another entity. Should such an event
occur, customer information will of course be one of the transferred
assets.
In
addition, in the event FitnessHunk.com plans to post any personal
information on the Site, FitnessHunk.com will either notify you
of this possibility when you provide the information and/or, if
possible, when the information is posted. Occasionally, we may
post the name of a user (for example a contest winner) on our
site. FitnessHunk.com will notify you of this possibility when
you provide your information or, if possible, will notify you
when the information is posted.
MESSAGE
BOARDS AND CHAT ROOMS
Please
remember that information posted to message boards and chat areas
becomes public information. Use caution when posting. Users under
the age of 18 should be especially careful not to provide any
personally identifying information while using chat rooms or message
boards. Users of FitnessHunk.com chat rooms and message boards
must follow acceptable standards of behavior when posting messages
online. FitnessHunk.com encourages parents and guardians to spend
time with their children online, and to be fully familiar with
the sites visited by their children. At various places on the
FitnessHunk.com site, FitnessHunk.com will ask whether users are
under the age of 18, for example when requesting personal information
from users, or FitnessHunk.com may ask for parental consent. However,
while FitnessHunk.com requests this information or permission,
FitnessHunk.com relies on users to be truthful in responding to
these questions.
LINKS
TO THIRD PARTY SITES
It
is important to note that FitnessHunk.com contains links to other
sites, and that those sites may not follow the same privacy policies
as FitnessHunk.com. For instance, if you click on an advertisement
on FitnessHunk.com, this will take you away from the FitnessHunk.com
site and to an entirely different site. This can include links
from advertisers, content providers and partners who may use FitnessHunk.com's
logo and or style as a result of a co-branding agreement. These
sites may send their own cookies to you, and may collect data
and make uses of it that FitnessHunk.com would not.
The
use of any information or materials that you may access at these
external sites is purely voluntary. You should not rely on their
contents without independent and thorough review of the accuracy,
completeness, effectiveness, timeliness and correct sequencing.
These external sites may also refer to specific commercial products,
processes, or services by trade name, trademark, service mark,
manufacturer or otherwise. Unless FitnessHunk.com has provided
specific authority, such references in no way indicate our endorsement,
recommendation or preference. This section should be read in conjunction
with the full Terms of Service.
ADDITIONAL INFORMATION
No
transmission of data over the Internet is guaranteed to be completely
secure. It may be possible for third parties not under the control
of FitnessHunk.com to intercept or access transmissions or private
communications unlawfully. While we strive to protect your personal
information, FitnessHunk.com cannot ensure or warrant the security
of any information you transmit to us. Any such transmission is
done at your own risk. Under no circumstances, including but not
limited to negligence, shall FitnessHunk.com be liable for any
special, incidental or consequential damages that result from
the use of information or materials on our sites, even if FitnessHunk.com
or an authorized representative of FitnessHunk.com, has been advised
of the possibility of such damages. This section also should be
read in conjunction with the full Terms of Service.
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