This Agreement was last modified on January 1, 2017.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.getlitfit.com (“the Site”) operated by Get Lit Fit (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.getlitfit.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by Get Lit Fit and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We hereby grant you a non-exclusive, non-transferable and revocable license to use our website for personal use only and subject to these Terms of Service. You must not copy, transmit, modify, distribute, make available to the public or create any derivative works from any of the content that you find on our website for commercial purposes without first obtaining our consent to do so.
You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. You agree that no advice or information, whether oral or written, obtained by you from Get Lit Fit or www.getlitfit.com shall create any warranty not expressly stated in these terms of service. Get Lit Fit, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Limitation of Liability
In no event shall Get Lit Fit, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages in respect of incidental, ordinary, punitive, exemplary, indirect, special or consequential damages, resulting from your use of the Site. You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.
You agree that Get Lit Fit will not be liable to you or any third party for:
(a) any termination of your access to the Site;
(b) any unauthorized disclosure of your passwords or other personal identification numbers that may be assigned to you by us or chosen by you for access to the Site or unauthorized disclosure of your Account Information that occurs through no fault of ours; or
(c) the accuracy, truthfulness or validity of any data entered by you through use of the Site. You further acknowledge and agree that Get Lit Fit will not be liable for any loss resulting from a cause over which we have no direct control, including but not limited to, failure of equipment or services relating to your computer, problems with data transmission facilities or your telephone or telephone service, unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or arising out of these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and accordingly, some of the above limitations may not apply to you.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Get Lit Fit.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Washington, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.
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Unauthorized duplication or publication of any materials from this Site is expressly prohibited.