Terms of Use - FitCrackers

The following terms and conditions, together with any documents they incorporate by reference, including without limitation the Privacy Policy (collectively, the “Terms of Use”), govern your access to and use of FitCrackers – https://fitcrackers.com.

Please read these Terms of Use carefully before you start to use the Services. BY ACCESSING, BROWSING, OR USING THE SERVICES (INCLUDING YOUR SUBMISSION OF INFORMATION TO THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Services, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services and neither provide us or other website visitors with any personal information.

PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF FITCRACKERS AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF FITCRACKERS’S RESPONSIBILITY.

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.

The contents of the Services, such as text, graphics, images, information obtained from FitCrackers’ licensors, and other material contained on the website, apps, newsletter, and products (“Content”) are for informational purposes only. The Content and Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. FitCrackers does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Content or Services. Reliance on any information provided by FitCrackers, its editors, others appearing in the Content or on the Services at the invitation of FitCrackers, or other visitors to the Services is solely at your own risk. The Content and Services may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Content or Services.

Unless otherwise noted, all Content and Services, whether publicly posted or privately transmitted, as well as all derivative works, are property owned, controlled, licensed, or used with permission by FitCrackers, and/or its parents, subsidiaries and affiliates, or other parties that have licensed or otherwise permitted their material to be used by FitCrackers. The Services as a whole and the Contents are protected by copyright. All worldwide rights, titles, and interests in and to the Services and Contents are owned by FitCrackers or used with permission. The Website, the Website’s logos, and all other assets appearing on the Content and Services are copyright of FitCrackers or are licensed or used with permission of the owner by FitCrackers. You agree not to display or use such assets without FitCrackers’ prior written permission. FitCrackers disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

The Contents and Services are intended solely for personal, non-commercial use by the users of the Services and may not be used except as permitted in these Terms of Use. You may share the Content with the use of the social media links (i.e., “Share,” “Pin It,” and “Tweet”) provided on our Services. You may also share the Content via email through the use of our “Share” link. You may download or copy the Content and other downloadable materials displayed on the Services for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing, or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Services, or any related software without the prior written consent of FitCrackers or the owner of such material. Nothing contained on the Content or Services grants or should be construed as granting any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, or copyrighted or other proprietary material displayed on these Content and Services without the prior written consent of FitCrackers or the owner of such material. All rights not expressly granted herein by FitCrackers to you are reserved by FitCrackers and/or its licensors. Third-party trade names, product names, and logos contained in these Websites may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Content and Services is made available solely for general information purposes. We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and We are under no obligation to update such material.

Acceptable Use

You are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:

Using a false password or one belonging to another user, or accessing data not intended for the user, or logging in to a server or account which such user is not authorized to access;
Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
Attempting to probe, scan, or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”;
Sending unsolicited email or commercial electronic messages, including promotions and/or advertising of products or services;
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or
Hijacking all or any part of the Services or Content; deleting or changing any Services or Content; deploying pop-up messages or advertising, running or displaying the Services or Content in frames or through similar means on another website; or linking to the Services or Content, without our specific written permission.

General Rules

You agree to use the Content and Services only for lawful purposes and only for your own personal, non-commercial use. You may not use the Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others, or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful.

We have absolute discretion to determine if any use violates these rules, and to act as We deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Reproduction of content on other websites

Any Content placed on your website must be accredited to the applicable Website, with links placed to the original article on the applicable Website. You are permitted to display the following on your website, provided you do so in a way that gives full credit to us as the original publisher and does not damage our reputation or take advantage of it:

An active, follow link to the original full article on the applicable Website.
A canonical in your header code. Instructions for how to set a canonical here: https://yoast.com/rel-canonical/.

However:

You may not place, or use any software to place, any complete articles from the applicable Website on your website, unless you have contacted us first and have received written permission from us to place the entire article online — these full terms of use will apply.
You must not establish a link from any website that is not owned by you.
Use of any and all FitCrackers’ logos are not permitted.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You may not directly or indirectly suggest any endorsement or approval by the applicable Websites of your website, products, content, or any views expressed within your website.

Our Content may only be placed on websites that:

Do not promote, facilitate, or encourage Illegal activities (and do not display actionable Content under U.K. or U.S. law).
Do not promote, facilitate, or encourage hatred of any form (including, but not limited to, racism, terrorism, violence, and discrimination of any kind).
Do not have misleading, pornographic, or defamatory content.
Do not display any material that is in breach of any third-party intellectual property rights.

If you use a script to gather the information from our RSS feeds, you must use a server-side scripting language such as PHP or ASP, not JavaScript. You must gather the data from the feeds at regular intervals of an hour or more and use a database to store it. Using a script that gathers data from our site with every page load is not permitted.

FitCrackers provides the Content at no charge and you may not charge users specifically for accessing FitCrackers Content, nor attempt to sell our Content in any way.

FitCrackers reserves the right to restrict, suspend, or terminate any Content, your access to Content, the availability of Content or these Terms of Use at any time, without liability. You agree to remove all of the Content from your website upon receiving notice of termination from FitCrackers. You may terminate these Terms of Use at any time by removing all Content from your website and destroying all copies of our Content in your possession.

Advertisements, Searches, and Links to other websites

FitCrackers may select certain sites as priority responses to search terms you enter, and FitCrackers may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. FitCrackers does not recommend and does not endorse the content on any third-party websites. FitCrackers is not responsible for the content of linked third-party sites, sites framed within the Services, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use for such sites. FitCrackers does not endorse any product advertised on the Content or Services.

Indemnity

You agree to defend, indemnify, and hold FitCrackers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your use of and access of the Services, (ii) your violation of any term of these Terms of Use, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that your use of the Services caused damage to a third party.

Location and Survival

Access to the Content may not be legal by certain persons or in certain countries. If you access the Services, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Disclaimers and Limitations of liability

The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Without limiting the foregoing, FitCrackers, its affiliates, and its licensors make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Services.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Services.
Damages to, interruption of service or viruses that may infect your computer or telecommunications equipment arising from your access to or use of Services and its contents.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. FitCrackers do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

To the fullest extent permitted by applicable law, in no event shall FitCrackers, its affiliates, licensors, contractors, or any of their respective officers, directors, employees or agents, or any third parties mentioned on the Services be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) even if FitCrackers has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information and Content and the Services. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. FitCrackers is not liable for any personal injury, including death, or infringement caused by your use or misuse of the Services, Content, or Comments (defined below). Any claims arising in connection with your use of the Services, any Content, or Comments must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

For additional disclaimers and information regarding health content, please read our HEALTH INFORMATION DISCLAIMERS, which are incorporated herein by reference.

Comments

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to FitCrackers on or by the Content and/or Services or otherwise disclosed, submitted, or offered in connection with your use of the Content and/or Services (collectively, “Comments”) shall be and remain FitCrackers’ property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to FitCrackers of all worldwide right, title, and interest in all copyrights and other intellectual properties in the Comments. FitCrackers is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree not to post on or transmit through the Services any Comments or other material that:

is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
is an advertisement or promotion for any product or service that had not been approved in writing by FitCrackers;
is false, misleading, or constitutes an unfair or deceptive trade practice;
promotes the use of alcohol, tobacco, or any illegal substance;
constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or
contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit, or destroy the performance and/or functioning of any software, hardware, or other equipment.

You further agree that any Comments you provide do not contain any confidential, proprietary, or trade secret information of any third party, and will not be treated as confidential by FitCrackers. FitCrackers shall have no obligation to store, keep copies of, or return any Comments. FitCrackers further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete, or remove any Comments from the Services that it deems to be in violation of the foregoing requirements.

Without limiting the generality of the foregoing, FitCrackers shall have the right to:

Remove or refuse to post any Comments for any or no reason in our sole discretion.
Take any action with respect to any Comments that We deem necessary or appropriate in our sole discretion, including if We believe that such Comment violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for FitCrackers.
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 the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, We have the right to fully cooperate 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 the Services. YOU WAIVE AND HOLD HARMLESS THE WEBSITE AND ITS AFFILIATES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, We cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, 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.

Third-Party Content

FitCrackers may from time to time post content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and emails that promote the Services (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that was sponsored by third parties.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of FitCrackers. We do not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitations of liability are noted below.

Copyright Infringement

This policy is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below and contact us:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the material that you claim is infringing is located on the information.
Your address, telephone number, and email address.
A 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.
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.

Privacy Policy

All information We collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy, which is available at https://fitcrackers.com/about/privacy-policy/.

Please send any concerns regarding our information by clicking here.

Complete Agreement and Amendments

FitCrackers, in its sole discretion, reserves the right to update, revise, supplement, and otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your continued viewing or use of the Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. If you disagree with the changes that have been made, you should not use our website.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to or via https://fitcrackers.com/contact/ and providing us with information relating to your concern.

Termination

You may stop using the Services at any time (subject to the surviving terms set forth herein). FitCrackers also may terminate these Terms of Use and/or Services at any time and may do so immediately without notice. Accordingly, FitCrackers may deny you access to the Services, if in FitCrackers sole discretion you fail to comply with any term or provision of the Terms of Use.

Contact Information

Thank you for your cooperation. Questions or comments regarding any information on our website, including any reports of non-functioning links, should be directed to https://fitcrackers.com/contact/.

Last updated on: Oct 21, 2021

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