This Terms of Use (Agreement) is an Agreement between you and Fitness Watchers , Inc. (Fitness Watchers ), and this Agreement governs both your legal rights with regards to our company as well as your use of our website, www.thefitnesswatchers.com (Website). You explicitly and implicitly agree to be bound by the terms and conditions of this Agreement each time you access our Website. If you do not wish to be bound, please do not use or access our Website.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
Fitness Watchers grants you a non-exclusive, non-transferable, revocable license to access and use our Website, its content, and, if applicable, to order products from our Website for your own personal, noncommercial use, strictly in accordance with this Agreement. In addition to this Agreement, you agree to our Privacy Policy and our Medical Health Disclaimer.
Our Website may contain links to Websites owned or operated by parties other than Fitness Watchers . Such links are provided for your reference only. Fitness Watchers does not monitor or control outside Websites and is not responsible for their content. Fitness Watchers inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Fitness Watchers inclusion of the links imply that Fitness Watchers is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Our Website content is updated at such times as Fitness Watchers determines in its sole discretion. As such, you should never assume that the information contained on our Website is always current. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
OUR WEBSITE IS OPERATED BY Fitness Watchers ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Fitness Watchers AND THEIR RESPECTIVE PARNTERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON OUR WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Fitness Watchers SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. Fitness Watchers SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Fitness Watchers OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF OUR WEBSITE, THE MATERIALS ON OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Fitness Watchers LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Fitness Watchers FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, Fitness Watchers DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, Fitness Watchers DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
You agree to defend, indemnify and hold Fitness Watchers harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website.
The information on our Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
You agree that Fitness Watchers may at any time and without notice change the terms, conditions and notices under which our Website is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Fitness Watchers as a result of this Agreement or your use of our Website.
Fitness Watchers performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Fitness Watchers right to comply with law enforcement requests or requirements relating to your use of our Website or information provided to or gathered by Fitness Watchers with respect to such use.
This Agreement, along with our Privacy Policy and Medical Health Disclaimer, constitute the complete agreement between you and Fitness Watchers with respect to our Website, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fitness Watchers with respect to our Website. No modification of this Agreement shall be effective unless it is authored by Fitness Watchers or its partners, or unless it is physically signed by a Fitness Watchers officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Fitness Watchers in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Fitness Watchers in printed form.