AFFILIFIT.COM
TERMS OF USE
Last Modified: October 3rd, 2022
Acceptance the Terms of Use
These terms of use are entered into by and between you and Affili-Fit, LLC (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of affilifit.com, including any content, functionality, and services offered on or through affilifit.com or any of our other sites or mobile applications (our “Sites”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you use our Sites. By using our Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found on the AFFILI-FIT application and incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use our Sites.
Our Sites are offered and available to users who are 18 years of age or older. By using any of our Sites, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use our Sites.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Sites thereafter.
Your continued use of our Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access our Sites so you are aware of any changes, as they are binding on you.
Accessing Our Sites and Account Security
We reserve the right to withdraw or amend our Sites, and any service or material we provide on our Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Sites is unavailable at anytime or for any period. From time to time, we may restrict access to some parts of our Sites, or the entirety of our Sites, to users, including registered users.
You are responsible for ensuring that all persons who access our Sites through your internet connection are aware of these Terms of Use and comply with them.
To access our Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Sites that all the information you provide on our Sites is correct and complete. You agree that all information you provide to register with our Sites or otherwise, including, but not limited to, through the use of any interactive features on our Sites, is governed by our Privacy Policy found within the AFFILI-FIT application, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information's confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
Our Sites and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use our Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may download a single copy of our application to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
● If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
● Modify any materials from this site.
● Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of our Sites or any services or materials available through our Sites.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Sites in breach of the Terms of Use, your right to use our Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or any content on our Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
DMCA Notice
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on our Sites infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the designated agent of the Company identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices of infringement should be directed to the following designated agent of the Company:
Affili-Fit, LLC
5949 Sherry Lane, Suite 900
Dallas, Texas 75225
Attn. Legal Department
Or e-mail:legal@affilifit.com
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys' fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
Trademarks
The Company name, the terms “Affili-Fit”, the Company logo, any other trademarks of the Company and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Sites are the trademarks of their respective owners.
Prohibited Uses
You may use our Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Sites:
● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
● To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen/user names associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Sites, or which, as determined by us, may harm the Company or users of our Sites, or expose them to liability.
Additionally, you agree not to:
● Use our Sites in any manner that could disable, overburden, damage, or impair thesite or interfere with any other party’s use of our Sites, including theirability to engage in real time activities through our Sites.
● Use any robot, spider, or other automatic device, process, or means to access our Sites for any purpose, including monitoring or copying any of the material on our Sites.
● Use any manual process to monitor or copy any of the material on our Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of our Sites.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Sites, the server on which our Sites are stored, or any server, computer, or database connected to our Sites.
● Attack our Sites via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of our Sites.
User Contributions
Our Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit toother users or other persons (hereinafter, “post”) content or materials, including, for example, recipes or exercises (collectively, “User Contributions”)on or through our Sites.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
● You own or control all rights in and to the User Contributions and have the right to grant the licenses granted.
● All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Sites.
Monitoring and Enforcement; Termination
We have the right to:
● Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
● Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Sites or the public, or could create liability for the Company.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Sites.
● Terminate or suspend your access to all or part of our Sites for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES,LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTIONTAKEN BY THE COMPANY OR OF THE FOREGOING PARTIES DURING, OR TAKEN AS ACONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAWENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on our Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
● Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
● Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
● Belikely to deceive any person.
● Promote any illegal activity, or advocate, promote, or assist any unlawful act.
● Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
● Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
● Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
● Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through our Sites 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 our Sites, or by anyone who may be informed of any of its contents.
Our Sites may include content provided by third parties, including, but not limited to materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to Our Sites
We may update the content on our Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Sites may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to Our Sites
All information we collect on our Sites is subject to our Privacy Policy. By using our Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Affiliate Disclosure
Weare affiliated with some of the products, services and links provided on orthrough our Sites and may receive a commission for purchases made from ourSites or links to our Sites.
Linkingto Our Sites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our Sites may provide certain social media features that enable you to:
● Link from your own or certain third-party sites to certain content on our Sites.
● Send emails or other communications with certain content, or links to certain content, on our Sites.
● Cause limited portions of content on our Sites to be displayed or appear to be displayed on your own or certain third-party sites.
Subject to the foregoing, you must not:
● Establish a link from any website or application that is not owned by you.
● Cause our Sites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
● Link to any part of our Sites other than the homepage.
● Otherwise take any action with respect to the materials on our Sites that is in consistent with any other provision of these Terms of Use.
The websites or other applications from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from Our Sites
If our Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
GeographicRestrictions
The owner of our Sites is based in the State of Texas in the United States. We make no claims that our Sites or any of the content on our Sites is accessible or appropriate outside of the United States. Access to our Sites may not be legal by certain persons or in certain countries. If you access our Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Not Healthcare Advise
The content, products and services made available on or through our Sites, or any claims made about products, services or any content or information made available on or through our Sites have not been evaluated by any health or nutrition regulatory body, including the United Stated Food and Drug Administration, and are not intended diagnose, treat, prevent or cure any disease or other health condition.
Disclaimer of Warranties
YOURUSE OF OUR SITES, ITS CONTENT, AND ANY SERVICES, ITEMS OR INFORMATION OBTAINEDTHROUGH OUR SITES IS AT YOUR OWN RISK, INCLUDING, BUT NOT LIMITED TO MEALPLANS, RECIPES, INFORMATION REGARDING MACRONUTRIENT OR CALORIC INTAKE,EXERCISES AND EXERCISE REGIMENS, ALL OF WHICH ARE PROVIDED AS SUGGESTIONS ANDARE NOT PRESCRIPTIVE IN NATURE. OUR SITES, THEIR CONTENT, AND ANY SERVICES,ITEMS OR INFORMATION OBTAINED THROUGH OUR SITES ARE PROVIDED ON AN “AS IS” AND “ASAVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKESANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SITES. WITHOUT LIMITINGTHE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANYREPRESENTS OR WARRANTS THAT OUR SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMSOBTAINED THROUGH OUR SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, ORUNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SITES OR ANY SERVICESOR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OREXPECTATIONS.
TOTHE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIESOF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUTNOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESSFOR PARTICULAR PURPOSE.
YOUUNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT CONTENTAVAILABLE FOR DOWNLOADING FROM THE INTERNET OR OUR SITES WILL BE FREE OFVIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTINGSUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTSFOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FORMAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOSTDATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSSOR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHERTECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OURSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR TO YOUR DOWNLOADINGOF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
Limitation on Liability
TO THEFULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES,OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, ORDIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISINGOUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANYWEBSITES OR APPLICATIONS LINKED TO IT, ANY CONTENT OR INFORMATION ON OUR SITESOR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONALINJURY, ILLNESS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND WHETHER CAUSED BYTORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IFFORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees)arising out of or relating to your violation of these Terms of Use or your use of our Sites, including, but not limited to, your User Contributions, any use of our Sites’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from our Sites.
Governing Law and Jurisdiction
All matters relating to our Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City and County of Dallas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of our Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
Limitation on Time to File Claims
ANYCAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMSOF USE OR OUR SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OFACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding our Sites and its use and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Sites.