TERMS OF USE

 

Please read all of the following Terms of Use including but not limited to the warnings,
restrictions and disclaimers prior to using the resources of the GetSweaty.com website.

By using the GetSweaty.com website you agree to be bound by these Terms of Use and
you are confirming that you have read, understand and accept the Terms of Use and that
GetSweaty.com, Inc. or its related and affiliated entities are not liable for any loss or
damage caused by or arising out of this use.  If you do not agree to, or understand any or

all of the Terms of Use, please exit the GetSweaty.com site immediately.  We reserve the
right to change, modify add or remove portions of this Terms of Use at any time.  Please
check the Terms of Use periodically for any changes.  In addition, when using particular
functions or features of the GetSweaty.com website the following rules apply to all materials,
online communications and any other information that is or becomes available to you on GetSweaty.com. 

By signing on and using GetSweaty.com you specifically agree to abide by these rules and
any modifications of these rules.

The Terms of Use contains the following provisions:

  • Children’s Online Privacy and Protection Act Compliance.
  • Your Profile
  • Privacy
  • Forms and Public Communication
  • Links
  • Indemnification
  • Healthcare Notice
  • Warranty Disclaimer
  • Limitation of Liability


What is the Children’s Online Privacy Protection Act (COPPA)? 


The Children’s Online Privacy and Protection Act of 1998 requires websites that collect and store data from users under thirteen years old to inform parents about collection and data storage policies and obtain parental permissions.  Once given, parents may revoke those permissions at any time informing us of their decision.  We strictly adhere to these requirements and will make every effort to meet and exceed the requirements mandated by law.  To review these requirements please go to
http://www.ftc.gov/privacy/privacyinitiatives/children.html

 

Your Profile:

 

You are solely responsible for maintaining the secrecy of your username, passwords and profile information.  You acknowledge that we reserve the right to limit, with or without notice, your access to the GetSweaty.com website if you do not fully abide by these Terms of Use.


Privacy:

 

Your use of the GetSweaty.com website is subject to the Privacy Policy.  You acknowledge that you have read the Privacy Policy in its entirety and that it is reasonable and acceptable to you.  Signing on to the GetSweaty.com website is your acceptance and your consent to the information practices in the Privacy Policy. 


Forums and Public Communications: 

 

A forum is a message board or a user generated content area offered by GetSweaty.com.  If you choose to participate in a Forum you must not:

  • Abuse, defame, harass or threaten others.
  • Make any racially offensive statements.
  • Discuss illegal activities with the intent to commit them.
  • Post or distribute any vulgar, obscene, discourteous or indecent language.
  • Advertise, sell or solicit others.
  • Post or distribute any software or any other material which contains a virus.
  • Post material or make statements that do not pertain to the designated theme.

We reserve the right to monitor all Forum communications and to remove or edit content at any time for any reason.  Information obtained in a Forum may not be reliable.  GetSweaty.com is not responsiblefor the content or accuracy of any information and shall not be responsible for any decisions made based on such information.  PLEASE keep in mind that whenever you give out personal information on line, although we strive to protect your personal information, we cannot guarantee the security of any information you disclose online.


Links:

 

We may provide Links to other websites or resources but we do not have any control over these sites and links.  By signing on to the GetSweaty.com website you acknowledge and agree that we are not responsible for the other sites content and agree that we shall not be responsible for any damage or loss caused by the use of any other site or resource.

 

Healthcare Notice:

 

The fitness related information present in this website is intended for general reference purposes only and is not a substitute for professional medical advice concerning your health and the type of exercise program that is suitable for you.  Prior to beginning any exercise program, please consult with your doctor or health care professional before attempting any daily workout activity shown, described or referenced on this website.

 

Indemnification:

 

You agree to indemnify and hold the GetSweaty.com website, their representatives, officers or
employees harmless from any claim or demand due to or arising out of your use of the GetSweaty.com website. 

 

Warranty Disclaimer:

 

Your use of the GetSweaty.com website is at your sole risk and the materials provided are “as is” without warranties of any kind.  GetSweaty.com will make the website secure, error free and free from viruses or other harmful components.   We do not warrant or make any representation regardingthe use or the result of the use of the materials or functionality of this site in terms of accuracy, reliability or otherwise.  You assume the entire cost of all necessary servicing, repair or replacement or correction.  Applicable law may not allow the exclusion of implied warranties so the above exclusion my not apply to you. 


We explicitly disclaim any responsibility of the accuracy, content or availability of information found on any third party sites that link to or from GetSweaty.com.  We cannot ensure that you will be satisfied with any products or services that you purchase from third party sites that link to GetSweaty.com.  We do not endorse any of the merchandise and we have not taken any precautions to confirm the reliability of any of the information or content contained in third part sites.  We do not make any warranties or representations as to the security of any information including but not limited to credit card and other personal information obtained or that  you might be requested to give a third party. 


You hereby irrevocably waive any claim against us with respect to such third party sites and content.   We strongly encourage you to investigate your transaction prior to commencing an online or offline transaction with any of these third parties. 

Any material downloaded or obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that may result from the download of any such material. 


Limitation of Liability:

 

You understand and agree that, to the fullest extent permitted by law, the GetSweaty.com website shall not be liable for any damages of any kind including but not limited to indirect, incidental, special, consequential, compensatory, direct, loss of profits, goodwill, use, data, any other intangible losses or exemplary damages whether in an action arising under contract, tort or any other legal theory, arising out of or in connection with you use of this site and any information, products, services, links, material or content provided in and through this site either directly or by GetSweaty.com, Inc. or indirectly by third parties including advertisers and links.  You acknowledge and agree by using this site that you are fully responsible for all health and safety risks associated with your use of the site as well as any information, products, services, links, material or content provided in and through this site either directly by GetSweaty.com or indirectly by third parties including advertisers and links.

 

Intellectual Property Rights:

 

GetSweaty.com,  Online Perspiration Inspiration For kids and all other marks, logos, program titles, names and graphics are trademarks and service marks of GetSweaty.com, Inc.  The materials distributed on GetSweaty.com are the property of GetSweaty.com.  These materials are for personal, non commercial use only.  Any reproduction, duplication, publication or public exhibition of materials provided by GetSweaty.com in whole or in part is strictly prohibited.  Any unauthorized use will subject the offender to civil and criminal liability under applicable state, federal and international laws and treaties.  GetSweaty.com reserves the right to retain all rights that they have in any data, files and images as well as sound bites and video clips made available under this service. 


Whom do I contact with questions or concerns about this Terms of Use policy?


You may send an email to TermsofUse@GetSweaty.com


Or you may write to us at:

GetSweaty.com
Privacy Policy
2727 NE 51st Street

Ft. Lauderdale, FL  33308

 

Page last updated December 8, 2009

 

 

This site does not provide medical advice, diagnosis or treatment.
GETSWEATY and ONLINE PERSPIRATION INSPIRATION FOR KIDS are trademarks of GetSweaty.com Inc. Copyright © 2010 GetSweaty.com Inc. All rights reserved.
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