Terms & Conditions
FitIncluded is a trademark of the company LogoIncluded. Through its trademark FitIncluded and related websites (e.g. http://fitIncluded.com), the company LogoIncluded and its affiliates ("LogoIncluded", "we" or "us") provide online and mobile services, widgets, computer programs and mobile applications hosted by or on behalf of LogoIncluded (collectively, the "FitIncluded services"), intended to enhance a consumer's use of the personal wellness and body monitoring electronic products offered by LogoIncluded. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OUR WEBSITE(S), USING OUR PRODUCT(S), AND REGISTERING WITH OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. Subject to your acceptance of and adherence to these terms and conditions, LogoIncluded hereby grants you a limited, non-exclusive license to utilize the FitIncluded services as set forth herein. The terms "you" and "user" shall refer to all individuals and entities that access the FitIncluded services.
1. Requirements for Use of the FitIncluded Services
A. User Qualification:You must be aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand the terms and conditions.
B. User Data / Information:To ensure the normal usage, you must provide effective personal data to FitIncluded services.
C. Compatible FitIncluded Products:Full use of the FitIncluded services requires compatible FitIncluded products. Internet access, and certain software and mobile applications may require periodic updates.
Please review carefully this section for recommended precautions related to your use of FitIncluded products and services.Content found on FitIncluded services and products is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness or wellness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advise or delay in seeking it because of something you have read through FitIncluded services. We are not responsible for any health problems that may result from training programs, products, or events you learn about through FitIncluded services. If you engage in any exercise program you receive or learn about through FitIncluded services, you agree that you do so at your own risk and are voluntarily participating in these activities.
3. Privacy Protection.
Before registering, you must read and accept the privacy statement to be a user of the FitIncluded services, and you must continue to follow its provisions.
A. Personal Information: Including personal identifiable information: name, sex, age, date of birth, address, telephone and E-mail, etc. Without your consent and confirmation, LogoIncluded will not share your information for other purposes.
B. Personal Information Security: LogoIncluded security server control equipment will absolutely protect your information. Data will be collected in databases that are protected with firewalls, passwords, and other technical means. Servers, Databases and their backups are physically located in locked and secured locations in the United States, and the data is accessed only by authorized FitIncluded personnel.
C. Personal Information Disclosure and Restrictions of Use: When national institutions require LogoIncluded disclosure of personal information in accordance with the legal procedures, LogoIncluded will be based on the law enforcement unit requirements or the public safety to provide personal information. Any content in this case of disclosure, LogoIncluded will not take any responsibility.
4. User-Generated Content.
By using FitIncluded services and by submitting personal data, you agree to the processing of your personal data as explained in this section. If you do not agree, please do not use FitIncluded services or provide us with your personal data.Personal data will be used within the limits of the local legislation and with the consent of the registered user:
(i) as basic information for research and development purposes;
(ii) for researching customer wellness behavior;
(iii) for communicating with you, for example for offering of software updates and other services;
This is a legally binding agreement between you and LogoIncluded, and governs your use of the FitIncluded services and any related services, features, content or applications offered at the primary website and related sub-domains (collectively "FitIncluded.com"). Please read this agreement carefully.IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE FITINCLUDED SERVICES, AND SHOULD NOT PROCEED TO REGISTER. ?BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT, INCLUDING ALL AMENDMENTS MADE TO DATE.
We have the obligation to ensure the normal operation in technology and manage to avoid service interruptions. Although the FitIncluded services are normally available, there will be occasions when the website(s) or other services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of LogoIncluded. We do not warrant that use of the FitIncluded services and related website(s) will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the website(s) are free of viruses or other potentially harmful components. FitIncluded services, including FitIncluded website(s), are provided by LogoIncluded and its affiliates “as is”. Neither LogoIncluded nor its partners, suppliers, or affiliates make any representations or warranties of any kind, express or implied. In no event shall LogoIncluded be liable for any damages arising out of or in connection with the FitIncluded services and products, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not LogoIncluded has been advised of the possibility of such damages.
7. Intellectual Property Claim.
Related services provided by rights, patent, trademark, trade secret and any other title or right, all belong to LogoIncluded. Without the consent of LogoIncluded, a user is not allowed to download, copy, transfer, adapt, edit any material, logo, content, …, belonging to LogoIncluded, FitIncluded services and related website(s). Otherwise, he should bear all the legal responsibility.
8. Usage Rights.
Your right to use FitIncluded services is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. Your use of the service right is subject to our discretion and decision to alter, suspend or terminate the services. At any time, anywhere, including any service function, database availability or content, we may change and we may also impose limits on certain features and aspects of FitIncluded services or restrict your access to parts or all of the FitIncluded services without prior notice or legal liability.
9. User Name and Password.
When you sign up to become a registered user, you will also be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party or post this information on our website(s) or mobile application. You agree to notify LogoIncluded immediately if you suspect any unauthorized use of your account or access to your password.
10. Claim and Warranty.
You agree and warrant that: (i) you own the content posted by you on or through FitIncluded services or otherwise have the right to grant the license set forth in this section (ii), the posting and use of your content on or through FitIncluded services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your content on FitIncluded services does not result in a breach of contract between you and a third party statement and guarantee.
11. User Conduct.
By using FitIncluded services, you unconditionally agree that:
(i) you cannot use FitIncluded services to engage in any form of harassment or aggressive behavior, including but not limited to, any message posted, pictures or video, including sexual behavior (whether real or simulated), slander, defamation, insult, intimidation or defamatory statements, or racism, pornography, obscene, or offensive language;
(ii) you cannot use or attempt to use another user account or create a false identity on FitIncluded services;
(iii) you cannot promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, or defamatory;
(iv) you cannot solicit passwords or personal identifying information from other users;
(v) you cannot post a photograph, video or illustrated depiction of another person without that person's consent;
(vi) you cannot use any part of FitIncluded services to solicit membership for other online communities or to promote a competing service or website;
(vii) you cannot use FitIncluded services for any unlawful purpose. If we determine that any user is not using FitIncluded services responsibly, we have the right (but not the obligation) to remove, edit, block, delete such user’s transmissions, user generated content, or use of FitIncluded services. We also have the right (but not the obligation) to suspend or terminate your access to and use of FitIncluded services, or delete information you have posted to FitIncluded services, without prior notice if you engage in any conduct that we believe, in our sole discretion violates any provision of these terms and conditions. If we suspect that your registration data is inaccurate or incomplete, we may suspend or terminate your account.
These terms and conditions and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of Switzerland, without giving effect to any principles that require the application of the law of a different jurisdiction. LogoIncluded, 2665 Pine Grove Road, Suite 400, Cumming, GA, 30041