Last updated: April 22, 2022
The “Site” encompasses the FitMoney websites, including without limitation those accessible at or through https://fitmoney.org and all associated FitMoney web pages, including without limitation all Content (defined below), materials, information, policies, modifications, updates, enhancements, revisions, new features, and or new web properties of such pages, along with all Site services and applications, including $upersquad, provided through such websites and web pages (such services and applications, the “Applications”). The purpose of the Site is to (a) provide users of the publicly accessible portion of the Site with access to certain content concerning FitMoney, its products and services, and related information as a complementary service for informational and educational purposes only, and (b) provide teaching tools to users of the Site materials and assessments accessible through the sharing of rights by FitMoney.
We reserve the right to withdraw or amend this Site and any Content we provide on the Site, in our sole discretion without notice. We will not be liable if all or any part of the Site is unavailable at any time or for any period or for any reason.
Reservation of Rights
Restrictions on Use
You agree to use the Site only for lawful purposes and as provided herein. You will not:
Transmit to the Site any content, or conduct yourself in any manner, that could be construed as defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, violent (meaning content that is excessively violent, incites violence or threatens violence), profane, threatening, unfair, inaccurate, deceptive or unlawful, or that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or of the Site server.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or that is provided with Site materials or accessed through the Site.
Violate any code of conduct or other guidelines which may be applicable to any particular Site services.
Harvest or otherwise collect information about others, including e-mail addresses.
Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Send any bulk commercial email, or send any unsolicited email to any party.
Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Site, including misrepresentation as a FitMoney agent or representative, or misrepresentation stating or implying our endorsement of you or your product or activity.
Use the Site in any manner that could create a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
Use any robot, spider, scraper, bot or other automatic device, process, or means to access the Site for any purpose, including monitoring, scraping, framing or copying any of the material on the Site.
Disclosure Under Law
FitMoney reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in FitMoney’s sole discretion.
Providing Correct Personal Information
In the course of using the Site, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You represent and warrant that you will provide FitMoney with full, true and correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.
License in Materials
FitMoney does not claim ownership of any data, information (both personal or otherwise) or other materials that you enter through the Site (collectively, “Materials”). By transmitting, uploading, inputting, providing or submitting (collectively, “Submitting”) any Materials, you hereby grant FitMoney, its affiliated companies and sublicensees a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right to post such Materials for your access and use while your account with FitMoney remains open and to archive such Materials thereafter.
If you provide FitMoney with Materials such as comments, bug reports, feedback or modifications proposed by you to FitMoney, the Site, or the goods and/or services provided through the Site (collectively, “Feedback”), then in addition to the license granted in all Materials, FitMoney will have the right to use such Feedback at FitMoney’s discretion, including but not limited to incorporating such Feedback into the Site and the right to assign, license or otherwise use such Feedback. You hereby give FitMoney a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Materials, as provided herein.
User Representations and Warranties
Your Responsibility for Materials and FitMoney’s Monitoring Rights
Forward Looking Statements
The Site may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen. We wish to caution you that these statements are only predictions, and those actual events or results may differ materially. FitMoney assumes no obligation and does not intend to update these forward-looking statements.
Reliance On Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
External Links or References
Disclaimer of Representations and Warranties
YOU AGREE THAT YOUR USE OF THE FITMONEY SITE IS AT YOUR OWN RISK. EFFORTS BY FITMONEY TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE FITMONEY SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, IS PROVIDED “AS IS,” AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES FITMONEY’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
Disclaimer of Liability
IN NO EVENT SHALL FITMONEY OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH FITMONEY, THE “FITMONEY ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE FITMONEY SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FITMONEY SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE FITMONEY SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF FITMONEY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM FITMONEY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO CASE SHALL THE AGGREGATE LIABILITY OF FITMONEY TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO YOUR USE OR INABILITY TO USE THE FITMONEY SITE, ANY CONTENT ON THE FITMONEY SITE OR SUCH OTHER WEBSITES EXCEED $100 U.S. DOLLARS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FITMONEY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
Confidentiality of Account and Password
In the event you establish an account and receive a password from FitMoney or restricted access rights to FitMoney materials, you are responsible for maintaining the confidentiality of your account, password, the materials and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account. FitMoney reserves the right to refuse service, terminate accounts, or remove content in its sole discretion. You represent and warrant that the information you supply during any registration or update process will be accurate and complete and that you will not impersonate or misrepresent your association with any person or entity, including without limitation registering under the name of another person, or seek to conceal or misrepresent the origin of any content or information provided by you. You agree not to impersonate any other person.
Notification of Unauthorized Use/Ceasing Access
You shall notify FitMoney immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, and will cooperate with FitMoney in every reasonable way to help FitMoney prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site and your account. You agree that immediately upon termination of your right to use the Site or upon any earlier demand by FitMoney at any time, you will cease all access and/or use of the Site, and will not attempt to access and/or use the Site.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
The Site and all content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Site and all Site content is the property of FitMoney and/or third party licensors, and all right, title and interest in and to the Site and Site content will remain with FitMoney or such third party licensors. Other product and company names mentioned herein may be the trademarks of their respective owners. The Site, including all Site content, is only for your personal, non-commercial use. You do not acquire ownership rights to the Site or any Site content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Site. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Site content. Any copying, republication, or redistribution of the Site or Site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of FitMoney and/or the respective intellectual property rights holder identified in the subject content.
Copyright Infringement Claims
FitMoney respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FitMoney’s Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, summarized as follows: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.
Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the FitMoney Designated Copyright Agent using the following contact information:
Postal Address: FitMoney, Inc.
1188 Centre Street
Newton, MA 02459
ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL
Viewing, Accessing and Use Outside the United States
FitMoney makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
No Joint Venture
Statute of Limitations
Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.