Please note that if you are an existing customer or member of a health club or other facility and presently are serviced by eFit Financial, these terms are not intended to replace or modify those contained in your customer or member agreement with your health club or other related facility.
eFit Financial reserves the right to update or modify this Agreement at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by this Agreement as revised. For this reason, we encourage you to review this Agreement each time you use this Site.
Legal Terms and Conditions
This page states the Terms and Conditions under which you, the Web Site visitor ("You") may use this Web Site, which is owned by eFit Financial Corp. ("eFit"). Please read this page carefully. By using this Web Site, You agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use this Web Site. eFit may, in its sole discretion, revise these Terms and Conditions at any time; therefore, you should visit this page periodically to review the Terms and Conditions.
Use of Site Material
The contents of this Web Site, such as text, graphics, images and other content (the "Site Material") are protected by copyright under both United States and foreign laws. eFit authorizes you to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited. You may not use the Web Site for the purpose of competing with eFit.
The names, marks and logos appearing included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to eFit. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, eFit makes fair use in this Web Site of trademarks owned and used by third parties. Any such marks are clearly noted, and eFit makes no claim to ownership of those marks.
Limitation of Liability
Although eFit strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. Additionally, while users of this Site are bound by these terms and conditions not to submit false material, eFit cannot be responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. eFit makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web Site or about the results to be obtained from using the Web Site. You use the Web Site and its material at your own risk.
eFIT DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE"S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, eFIT SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. eFIT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH eFIT STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL eFIT, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT eFIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Web Site contains information and pricing and links to web sites owned by third parties. This information and links are provided solely as a convenience to you and are NOT an endorsement by eFIT of the contents on those other sites. eFIT is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Web Site, You do so at your own risk.
This Web site contains information and pricing provided by a third party (your health club or facility) This information is provided solely as a convenience to you and is not an endorsement by eFIT. eFIT is not responsible for the content and makes no representations regarding the content or accuracy of such information and pricing.
- Profile Information
Information included in your Service profile, as identified in the application, including, but not limited to, your user name, password, and Account data, is used as part of the Service with your health cub or related affiliates.
- Password and Security
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all transactions and payments you authorize using the Service. If you permit Authorized Users or other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or without your permission, you must notify eFIT at once by calling them during customer service hours.
- Termination of On-Line Access (the site)
In eFIT"s sole and absolute discretion, we may, without notice, restrict or terminate any person's use of the Web Site and any, user accounts, user names or passwords at any time. We will not be responsible for transactions that are already in process at the time of termination. Any such restriction or termination will not relieve any person of obligations incurred and accrued prior to the effective date of such termination.
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on this Web Site (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
At eFIT, your privacy is important to us. eFIT does not collect personally-identifying information about you (such as your name, address, telephone number, or e-mail address) unless you voluntarily submit that information to us through one of our pages, or by e-mail or other means. Any information we gather, whether voluntarily provided by You or automatically collected, may be used for our internal business and marketing purposes but will not be sold or otherwise disclosed to third parties for any purposes, unless You have expressly requested information about a specific health club or service identified on our Web Site. In the latter case, your request will be passed along to the vendor or service You have identified. Notwithstanding any other statements or representations here or elsewhere on our Web Site, we reserve our right to disclose any information in our possession if we are required to do so by law, or we believe, in good faith, that such a disclosure is necessary to comply with the law, defend our rights or property, or to respond to an emergency situation.
If you are concerned about the information you have provided to us, or would like to review, update or delete that information, please contact us. We will make reasonable efforts to comply with your wishes.
eFIT employs reasonable security measures to protect the personal information You submit to us, once it is received.
This Web Site originates from Denver, Colorado. eFit does not claim that the Site Materials on this Web Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Agreement shall be governed by the laws of the State of Colorado, and any legal actions arising out of this agreement shall be litigated exclusively by the Colorado State Courts, without regard to conflict of law principles. If any provision of this agreement shall be held to be prohibited by or invalid under applicable law, such provision, shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or remaining provisions of this agreement, and the parties shall endeavor in good-faith negotiations to replace the invalid, illegal, or unenforceable provision with a valid provision the economic effect of which comes as close as possible to that of the invalid, illegal, or unenforceable provision. The parties hereto waive any jurisdictional objections to this forum and submit to the jurisdiction of the Colorado State Courts as though they received personal service within the jurisdiction of the relevant Colorado State Court.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on this Web Site. You may not take any action to interfere with, or disrupt, this Web Site, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via this Web Site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with this Web Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on this Web Site.
If you believe any materials on this Web Site infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.