Terms of Service & Privacy Statement


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.