This website is owned and operated by Fitness4Diabetics, LLC. Fitness4Diabetics and Fit4D are the names we use to refer to our business, and the terms "we" and "our" refer to this company.
These Terms and Conditions of Use describe rules for visitors to this web site. Fit4D's Privacy Policy, and HIPPA Notification of Privacy Practices that appear elsewhere on this website are considered integral parts of the Terms and Conditions of Use. Your use of this website and Content (defined below) constitutes your acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should immediately cease use of this website and content. These Terms and Conditions are effective as of the date below.
Medical Disclaimer: Fit4D offers exercise and nutritional advice and guidance for the management of diabetes; however, its advice and guidance is not intended to be a replacement or substitute for professional medical advice. Neither the content on Fit4D's website, newsletters and emails, nor any services provided by Fit4D coaches is intended to be relied upon for medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Website Disclaimer: We strive to provide accurate and up-to-date material on this website. However, we make no warranties or representations as to the accuracy or timeliness of the Content. Your use of this website and Content is at your own risk. Information on this website is provided AS IS without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or timeliness. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free. Please note that once you leave this site, either by using a link we may have provided for your convenience or by specifying your own destination, Fit4D accepts no responsibility for the content, products and/or services provided at other websites.
Ownership and Use of Content: All of the information and content on this website, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files and photos, trademarks, service marks and trade dress ("Content") is owned or licensed by Fit4D. The Content is protected worldwide by applicable intellectual property laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this web site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. Fit4D reserves the right to terminate at any time your right to make personal copies of Content. You must obtain our prior written consent (if we agree) before you use the Content on any other website or in a networked computer environment for any purpose, or before you republish or redistribute the Content, or otherwise use the Content for any purpose other than your personal, non-commercial use. You may not frame the Content within another website. Except for the limited use rights expressly provided in this paragraph, all rights in Content are reserved.
Trademarks: The names "Fitness4Diabetics", "Fit4D" and all other trademarks, service marks, trade names, logos, domain names, URLs and icons ("Marks") appearing on this website, registered or not, are the property of Fitness4Diabetics or their respective owners. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of Fit4D or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.
Limitation of Liability: Fit4D will in no event be liable to any party for any direct, indirect, special or other consequential damages to your computer or other property arising out of any use of this website, or any other linked website, including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment, or otherwise, even if we are expressly advised of the possibility or likelihood of such damages. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.
Links to Other Web Sites: This web site may contain links to web sites not operated by Fit4D. We provide these links for your convenience, but have not reviewed any or all such sites and we do not endorse and are not responsible for performance of or for your business dealings with any of these third party websites. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.
Links to This Web Site: You are hereby granted a non-exclusive, limited, and revocable license to link to this web site. Fit4D reserves the right to revoke this license generally, or your right to use specific links, at any time. If Fit4D revokes this license, you agree to remove and disable any and all of your links to this web site immediately. You agree not to present the link to this web site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you frame this web site or any of its content or copy portions of this web site to a server. You agree not to display or use the Fit4D logo or trademark in any manner without our prior written permission.
Feedback and Comments: We are pleased to receive feedback, comments and ideas from users of this web site but we do not want to receive confidential or proprietary information from you through this website. Please note that any information that you submit through this web site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how, techniques or materials to us through this web site, you hereby agree that Fit4D is free to use them for any purpose without attribution, and that you grant Fit4D a royalty-free, unrestricted and irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium.
Changes: Fit4D reserves the right to change the Content on this website and these Terms and Conditions from time to time without prior notice. Your continued use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted. It is your responsibility to review these Conditions and Terms of Use periodically to be aware of such changes.
Children: This website does not intend to market any Fit4D products or services to children under thirteen (13) years of age. We do not knowingly gather or solicit data from children under thirteen (13) years of age through this website for marketing purposes. By using this website you represent that you are not under thirteen (13) years of age.
Legal Considerations: If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate these Terms and Conditions of Use or the Privacy Statements in a way that causes harm to others, you agree to hold Fit4D harmless against any liability for that harm.
By using this web site, you agree that the only proper jurisdiction and venue for any dispute with Fit4D, or in any way relating to your use of this web site, is in the state and federal courts in New York State, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Fit4D or its affiliates, employees, officers, directors, agents, or suppliers.
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflict of law principles thereof.
Effective Date: April 5, 2008