Below please find the terms and conditions for use of and access to this website.
This is our Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”) for use of the beckyfit.com website (“Website”). This Website is not directed to persons under eighteen (18) years of age. The Website is owned by BeckyFIT, LLC (hereinafter referred to as “BeckyFIT”). This Agreement applies to all of the products, services and websites offered by Website and BeckyFIT, the mobile versions thereof, any Website software that you have embedded on a web site or are about to embed (“Widgets”), and any applications (“Apps”) created by BeckyFIT whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any Apps on a social networking site does not indicate any relationship or affiliation between BeckyFIT and such social networking site.
If you do not agree to be bound by this Agreement, you may not use or access this Website and are prohibited from doing so. BeckyFIT reserves the right to refuse or cancel your account. The contents of this Website, including the videos, text, graphics, images, and information obtained from third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.
PARENTAL OR GUARDIAN PERMISSION
You must be 18 years or older to use this Website. By providing information about yourself to us, you are representing that you are eighteen years (18) of age or older. If you are younger than eighteen (18) years of age and want to become a registered user of the Website or provide information about yourself to us, you must have your parent or legal guardian contact us prior to use.
COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Finally, BeckyFIT may deliver communications to you by any means set forth in any other BeckyFIT policy or notice published on the Website.
LICENSE AND SITE ACCESS
BeckyFIT grants you a limited license to access and use for your personal benefit the Website. You may not download or modify it, or any portion of it, without the express written consent of BeckyFIT. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without express written consent of BeckyFIT. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BeckyFIT without our express written consent. You may not use any metatags or any other hidden text utilizing BeckyFIT’s name or trademarks without the express written consent of BeckyFIT. Any unauthorized use terminates the permission or license granted by BeckyFIT. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray BeckyFIT, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BeckyFIT logo or other proprietary graphic or trademark as part of the link without express written permission. We may revoke the license granted to you at any time for any reason.
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither BeckyFIT, nor its employees or Providers: warrant that the Website will be uninterrupted or error-free; warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website; or warrant or make any representation regarding the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. BeckyFIT does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own informed judgment, and to review and evaluate any and all medical professionals and health information before seeking services or advice from them.
The website is provided by BeckyFIT on an “as is” and “as available” basis. BECKYFIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BECKYFIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BECKYFIT OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF BECKYFIT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BECKYFIT’S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. No oral advice or written information given by BeckyFIT, Providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall BeckyFIT or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, and services available through the Website. In those States that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
THIRD-PARTY CONTENT
The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). Regarding the Content supplied by Users or parties other than BeckyFIT, BeckyFIT is a host and not a publisher. BeckyFIT has no editorial control over such third- party or User Content and takes no responsibility for third-party Content and User Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third-parties and not by BeckyFIT are those of the respective authors or distributors and not of BeckyFIT. Neither BeckyFIT nor any third-party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with BeckyFIT. BeckyFIT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized BeckyFIT employees. Under no circumstances shall BeckyFIT be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.
ONLINE CONDUCT
User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If BeckyFIT is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, BeckyFIT may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website.
BeckyFIT may disclose any content or electronic communication of any kind in its sole discretion, including (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of BeckyFIT, its Users or Providers. BeckyFIT reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, the rights of BeckyFIT or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither BeckyFIT nor its Providers can ensure prompt removal of questionable content after online posting and have no obligation to do so. Accordingly, neither BeckyFIT, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
LINKS TO OTHER SITES
The Website may reference or link to third-party sites throughout the World Wide Web. BeckyFIT has no control over these third-party sites or the content within them. BeckyFIT cannot and does not guarantee, represent or warrant that the content contained in these third- party sites is accurate, legal, or inoffensive. BeckyFIT does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. BeckyFIT does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third- party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against BeckyFIT for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
COPYRIGHTS
All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to BeckyFIT or its content suppliers and are protected by United States and international copyright law. BeckyFIT enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
INDEMNITY
You agree to defend, indemnify, and hold BeckyFIT and Providers 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, your violation of these Terms and Conditions.
APPLICABLE LAW AND VENUE
The Website is created and controlled by BeckyFIT in the State of Maryland. As such, the laws of the State of Maryland will govern these disclaimers, terms and conditions, and the agreements set forth herein without giving effect to any principles of conflicts of laws that would apply the laws of a different state. BeckyFIT reserves the right to make changes to its Website and these disclaimers, terms and conditions and the agreements set forth herein at any time and you agree to accept those changes in exchange for remaining a User. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the courts for and in Baltimore City County, State of Maryland for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the venue of any such litigation in such Tennessee courts and agrees not to plead or claim in any Maryland court that such litigation brought therein has been brought in an inconvenient forum.
PRESERVATION / DISCLOSURE
You acknowledge, consent and agree that BeckyFIT may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of BeckyFIT, its users and the public; or (f) in furtherance of BeckyFIT interests.
MISCELLANEOUS TERMS
In any action against us arising from the use of this Website, should BeckyFIT be the prevailing party, it shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
BeckyFIT reserves the right to make changes to the Website, these policies, and these Terms and Conditions of Use at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions of Use periodically. In addition, these Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions of Use on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. Further, the invalid, void or unenforceable provision shall be reformed to make it enforceable to the fullest extent possible. These Terms and Conditions of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions of Use. You may not assign your rights and obligations under these Terms and Conditions of Use without our express written authorization. These Terms and Conditions of Use will inure to the benefit of our successors and assigns. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Last updated: July 21, 2018