THESE TERMS OF SERVICE (THESE “TERMS”) GOVERN SUBSCRIPTION TO AND USE OF FITWORLD’S SERVICES. IF YOU REGISTER FOR A FREE VERSION OF FITWORLD’S SERVICES, THE APPLICABLE PROVISIONS OF THESE TERMS WILL ALSO GOVERN THAT FREE VERSION. BY ACCESSING OR USING FITWORLD’S WEBSITES AND SERVICES, YOU ACCEPT OR AGREE TO THESE TERMS. IF YOU ARE ENTERING INTO OR ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE, THE TERM “SUBSCRIBER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE FITWORLD’S SERVICES.
- AGREEMENT
These Terms of Service (these “Terms”) are made by and between the party on whose behalf they are accepted (“Subscriber”) and Fitworld and are effective as of the date they are accepted by Subscriber. “Fitworld” means either (i) Fitworld, Inc., a Delaware corporation, with offices at 301 Howard St, 3rd floor, San Francisco, CA 94105 (USA), if Subscriber is domiciled in a country outside of Europe, or (ii) Fitworld SAS, a French société par actions simplifies, with offices at 55 Rue d’Amsterdam, 75008 Paris, France, if Subscriber is domiciled in a country within Europe. The complete subscription agreement including these Terms (the “Agreement”) is made for the purpose of granting Subscriber a limited subscription to use Fitworld’s hosted search, support or other services (the “Services”).
ALL FREE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. FREE SERVICES MAY BE SUSPENDED, TERMINATED, OR DISCONTINUED AT ANY TIME AND FOR ANY REASON (OR NO REASON). FITWORLD DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT (INCLUDING LIABILITY OTHERWISE PROVIDED FOR UNDER SECTION 13 (LIMITATION OF LIABILITY)) FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE SERVICE, INCLUDING ANY OBLIGATION OR LIABILITY WITH RESPECT TO SUBSCRIBER DATA. ANY CONFIGURATIONS OR SUBSCRIBER DATA ENTERED INTO A FREE SERVICE, AND ANY CUSTOMISATIONS MADE TO A FREE SERVICE BY OR FOR SUBSCRIBER, MAY BE PERMANENTLY LOST IF THE FREE SERVICE IS SUSPENDED, TERMINATED, OR DISCONTINUED. FITWORLD’S INDEMNITY OBLIGATIONS UNDER SECTION 16 (INDEMNIFICATION) DO NOT APPLY TO FREE SERVICES.
- Fitworld’s Obligations
2.1 Services. Fitworld will make the Services available to Subscriber according to one or more online or written ordering documents (each a “Service Order”). The Agreement includes each Service Order incorporating the Agreement.
2.2 Compliance with Laws.
Fitworld will comply with all laws and governmental regulations applicable to the Services.
2.3 Security Measures.
Fitworld will maintain administrative, physical, and technical safeguards for the security and integrity of the Services (the “Security Measures”) consistent with industry standard practices. Fitworld will store, process, transmit and disclose electronic data and configurations submitted to the Services at the direction of or on behalf of Subscriber (“Subscriber Data”) only according to the Agreement and the Documentation. The Services, independent of Subscriber Data, will not transmit code, files, scripts, agents, or programs intended to do harm, including, viruses, worms, time bombs, and Trojan horses (“Malicious Code”).
2.4 Protection of Subscriber Personal Data.
Fitworld will keep all Subscriber personal data secure and no personal data will shared or sold to any third parties. Personal data will only shared when required to do so by Law.
- Limitation of Liability.
IN NO EVENT WILL A PARTY HAVE ANY LIABILITY TO ANY OTHER PARTY FOR ANY LOST PROFITS, LOST OPPORTUNITIES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES OR A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. - Governing Law and Jurisdiction.
The Agreement shall be governed by and construed in accordance with the controlling laws of (i) United Kingdom, if Subscriber is domiciled in a country in Europe, or (ii) the United States of America and the State of California, if Subscriber is domiciled anywhere else, in each case excluding rules governing conflict of law and choice of law. The courts in London, England shall have exclusive jurisdiction to adjudicate any dispute arising out of the Agreement if English law applies and the Federal and state courts within San Francisco California shall have exclusive jurisdiction to adjudicate any dispute arising out of the Agreement if United States and the State of California laws apply. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts and service of process being effected upon it by registered mail sent to the Legal Notice address provided by such party under the Agreement. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) and the Uniform Computer Information Transaction Act or similar federal or state laws or regulations shall not apply to the Agreement nor to any dispute or transaction arising out of the Agreement.