The following terms and conditions govern all use of the fitrecovery.com website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, and websites, taken together, the Website. The Website is owned and operated by Chris Scott. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, fitrecovery.com Privacy Policy) and procedures that may be published from time to time on this Site by Chris Scott (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by fitrecovery.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by fitrecovery.com or otherwise.
By submitting Content to fitrecovery.com for inclusion on this Website, you grant Fit Recovery a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
Without limiting any of those representations or warranties, fitrecovery.com has the right (though not the obligation) to, in fitrecovery.com sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any fitrecovery.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. fitrecovery.com will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
fitrecovery.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, fitrecovery.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. fitrecovery.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Visitors further acknowledge understanding that:
All articles, information, and resources published by Fit Recovery are based on the individual author’s opinion and are meant to motivate readers to make their own health decisions after consulting with their health care provider. Authors are not doctors, lawyers or medical professionals, and all readers should consult a doctor before making any health changes, especially any changes related to a specific diagnosis or condition. No information on this site should be relied upon to determine diet, make a medical diagnosis or determine a treatment for a medical condition. All information contain in individual e-books is the sole opinion of the author and copyright is owned by each author.
Any statements or claims about the possible health benefits conferred by any foods or supplements within these ebooks have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Some of the links in text, print or images on this site or within individual e-books may be affiliate links. In this case, the author will receive a small commission if something is purchased through these links.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which fitrecovery.com links, and that link to fitrecovery.com. Fit Recovery does not have any control over those non-fitrecovery.com websites and webpages, and is not responsible for their contents or their use. By linking to a external website or webpage, Fit Recovery does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fit Recovery disclaims any responsibility for any harm resulting from your use of non-fitrecovery.com websites and webpages.
Copyright Infringement and DMCA Policy
As Fit Recovery asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by fitrecovery.com violates your copyright, you are encouraged to notify Fit Recovery in accordance with Fit Recovery’s Digital Millennium Copyright Act (“DMCA”) Policy. fitrecovery.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. fitrecovery.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Fit Recovery or others. In the case of such termination, Fit Recovery will have no obligation to provide a refund of any amounts previously paid to Fit Recovery.
Intellectual Property
This Agreement does not transfer from Fit Recovery to you any Fit Recovery or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fit Recovery. Fit Recovery, fitrecovery.com, Fit-Recovery, the fitrecovery.com logo, and all other trademarks, service marks, graphics and logos used in connection with fitrecovery.com, or the Website are trademarks of fitrecovery.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any fitrecovery.com or third-party trademarks.
Changes
Fit Recovery reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fit Recovery may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Fit Recovery may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Fit Recovery and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fit Recovery nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Fit Recovery, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fit Recovery under this agreement during the twelve (12) month period prior to the cause of action. Fit Recovery shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Fit Recovery Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Fit Recovery, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Fit Recovery and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fit Recovery, or by the posting by Fit Recovery of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fulton County, Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Atlanta, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fit Recovery may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Privacy Policy
Your privacy is critically important to us. At Fit Recovery, we have a few fundamental principles:
- We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
- We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don’t store personal information on our servers unless required for the on-going operation of one of our services.
Chris Scott operates the website for Fit Recovery. It is Fit Recovery’s policy to respect your privacy regarding any information we may collect while operating our websites.
Website Visitors
Like most website operators, Fit Recovery collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Fit Recovery’s purpose in collecting non-personally identifying information is to better understand how Fit Recovery’s visitors use its website. From time to time, Fit Recovery may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Fit Recovery also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Fit Recovery blogs. Fit Recovery only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Fit Recovery’s websites choose to interact with Fit Recovery in ways that require Fit Recovery to gather personally-identifying information. The amount and type of information that Fit Recovery gathers depends on the nature of the interaction. Fit Recovery does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Protection of Certain Personally-Identifying Information
Fit Recovery discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it onFit Recovery’s behalf or to provide services available at Fit Recovery’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Fit Recovery’s websites, you consent to the transfer of such information to them. Fit Recovery will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Fit Recovery discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Fit Recovery believes in good faith that disclosure is reasonably necessary to protect the property or rights of Fit Recovery, third parties or the public at large.
Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Fit Recovery uses cookies to help Fit Recovery identify and track visitors, their usage of Fit Recovery’s website, and their website access preferences. Fit Recovery visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Fit Recovery’s websites, with the drawback that certain features of Fit Recovery’s websites may not function properly without the aid of cookies.
Business Transfers
If Fit Recovery, or substantially all of its assets, were acquired, or in the unlikely event that Fit Recovery goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Fit Recovery may continue to use your personal information as set forth in this policy.
Ads
Fit Recovery evaluates potential advertisers on a case by case basis.
By commenting on fitrecovery.com, users and visitors give fitrecovery.com the right to display the comment and any other information that users and visitors make available during the comment process.
Privacy Policy Changes
Although most changes are likely to be minor, fitrecovery.com may change its Privacy Policy from time to time, and in fitrecovery.com’s sole discretion. fitrecovery.com encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
