CorporateFitnessLeague.com
Terms of Use Agreement

1. Introduction.
Thank you for reviewing our Terms of Use Agreement (hereinafter the "Agreement") for the CorporateFitnessLeague.com web site. This website is owned and operated by Corporate Fitness League, LLC, a Pennsylvania limited liability company (hereinafter "CFL," "We," "Our," or "Us"). This Agreement applies to persons who visit, create an account with, or otherwise use the CorporateFitnessLeague.com web site (collectively "Users"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access CorporateFitnessLeague.com services ("Services") or the CorporateFitnessLeague.com web site (hereinafter referred to collectively as "CorporateFitnessLeague.com" or "the Site").


2. About CorporateFitnessLeague.com.
The Corporate Fitness League is an online competition and meeting place where office and company workers can compete against each other or against other offices or companies in weight loss competitions. Corporate offices today are connected through technology, email, and the internet, and CFL serves as the referee when offices choose to engage in friendly weight loss competitions. Now you can compete with other companies across the street or across the globe. Please note that the information provided by Users through the Site is not provided or verified by CorporateFitnessLeague.com and CFL accepts no responsibility for the content or accuracy of User postings on the Site.


3. Availability and Eligibility.
Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by CFL to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. If you do not qualify, please do not use our Site. Further, if you create an account with the Site, your user name and password may not be transferred, loaned, given or sold to another party.


4. Services.
The Site provides you with the ability to engage in intra-office or office to office weight loss competitions and provides you with all of the tools needed to track and compare your results against teams of your choosing. You are not required to provide any personally identifiably information to us to view the Site. However, to create a log-in profile or to create a team you will need to create an account with us. As further discussed below, you acknowledge and agree that CFL and CorporateFitnessLeague.com does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information provided by us or the Users of the Site, or any specific results, weight-loss or otherwise, from the Site. The accuracy of the representations contained in a team or User profile is not verified by CFL.


5. User's Responsibilities and Acknowledgements.
As a CorporateFitnessLeague.com User you are obligated to read this Agreement and our Privacy Policy before you create an account on our Site, utilize our Services, or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge and agree that individuals that provide information on the Site are solely responsible for their conduct and the content of their postings and that CFL has not and does not review, approve, or otherwise endorse such information or conduct. CFL is not responsible for the online or offline conduct of any User of the Site. You understand and agree that, as with all fitness and weight loss activities, you should consult your physician before beginning such activities to determine whether they are medically appropriate for you.


6. Restricted Activities.
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information, postings, and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any sexually suggestive, obscene, or vulgar text or images; (g) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.


7. Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of CFL and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.


8. Breach.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause.


9. Privacy.
We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://www.CorporateFitnessLeague.com/privacypolicy. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.


10. Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, CorporateFitnessLeague.com. Such links do not necessarily constitute an endorsement by CFL of those sites. CFL undertakes no obligation to monitor such sites, and you agree that CFL is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.


11. Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, copy, re-transmit, reproduce, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.


12. DMCA Policy
CFL takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act ("DMCA"), CFL has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:

CFL
Attn: DMCA Designated Agent
PO Box 172
Irwin, PA 15642

DMCA@CorporateFitnessLeague.com

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
• A description of the copyrighted work claimed to have been infringed;
• A description of the infringing material and information reasonably sufficient to permit CorporateFitnessLeague.com to locate the material;
• Your contact information, including your mailing address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.



13. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.


14. Medical Disclaimer.
Always consult your physician before beginning any exercise or weight-loss program. The general information displayed on the Site is not intended to diagnose any medical condition or to replace your healthcare professional. Your participation in a team competition is at your own risk. Consult with your healthcare professional before beginning a competition and if you experience any pain or difficulty during the competition, stop and consult your healthcare provider immediately.


15. Disclaimer of Warranties.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CFL. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR THE SERVICE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CFL DISCLAIMS ANY AND ALL SUCH WARRANTIES.


16. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS OF THE SITE, EACH OF YOU AGREE TO RELEASE CFL, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY CFL.


17. Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT CFL'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.


18. Indemnity.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. CFL reserves the right but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of CFL. You further agree to indemnify and hold harmless CFL from any claim arising from a third party's use of information or materials of any kind that you post to the Site.


19. Licenses.
CFL grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of User e-mail addresses or other participant information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.


20. Waiver.
Failure by CFL to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.


21. Right to Change this Agreement.
CFL reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following CFL's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.


22. General Provisions.
This is the entire Agreement governing the use of the CorporateFitnessLeague.com Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Pennsylvania in the United States of America, without regard to that state's conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the Commonwealth of Pennsylvania. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of CFL in accordance with applicable law and the remainder of the Agreement shall remain in full force.


23. Contact CorporateFitnessLeague.com.
Except as explicitly stated otherwise, any notices to CorporateFitnessLeague.com
shall be given by postal mail to:
CorporateFitnessLeague.com
Corporate Fitness League, LLC
PO Box 172
Irwin, PA 15642
(in the case of CorporateFitnessLeague.com). You agree that you will notify CFL in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give CFL a reasonable period of time to address it before bringing any legal action.