END USER USAGE AGREEMENT – License, Disclaimer, Waiver, Release
SHAPIRO FITNESS INC. (“FIT FOR TRIPS®“) welcomes you to its online web site (“FITFORTRIPS.COM”). FIT FOR TRIPS® is an Internet-based, online information and communication service providing consumers with fitness, sport-specific training and nutrition information (collectively, the “Service”).
1. Service Terms and Limitations
The Service is proprietary to FIT FOR TRIPS® and is protected by intellectual property laws. Subject to the timely payment of all Fees (as defined below) and the terms and limitations set forth in this Agreement, FIT FOR TRIPS® agrees to provide you with (a) a personal, non-transferable and non-exclusive account enabling you to access and use the Service and (b) a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use FITFORTRIPS.COM in real time and to use the materials in FITFORTRIPS.COM in a manner consistent with paragraphs 4 (On-Line Communications) and 9 (Copyright) below.
1.2 User’s Agreement; Restrictions
(i) You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your FITFORTRIPS.COM account; (b) be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) be responsible for all charges resulting from use of your FITFORTRIPS.COM account, including unauthorized use prior to your notifying FIT FOR TRIPS® in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the terms and conditions set forth herein; and (e) comply with all applicable laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or FITFORTRIPS.COM.
(ii) You may not, directly or indirectly, (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Material; or (b) copy the Material or engage in any other acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of FIT FOR TRIPS® and the copyright owner; or (iii) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Material, in whole or in part; or (iv) remove any proprietary notices or labels on the Material. As between the parties, title, ownership rights, and intellectual property rights in and to the Material, and any copies or portions thereof, shall remain in Company and/or its content providers.
1.3 User Representations
You represent and warrant to FIT FOR TRIPS® that: (i) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to FIT FOR TRIPS® is truthful, accurate and complete; (iii) you are the authorized signatory of the credit or charge card provided to FIT FOR TRIPS® to pay the Fees; (iv) you shall comply with all terms and conditions of this Agreement; and (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number. You agree to be financially responsible for your use of FITFORTRIPS.COM (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which FIT FOR TRIPS® may undertake from time to time; or (iii) causes beyond the control of FIT FOR TRIPS® or which are not reasonably foreseeable by FIT FOR TRIPS®.
You shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for your use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.
FIT FOR TRIPS® expressly reserves the right to change the Fees at any time, upon notice to you. By registering for a FITFORTRIPS.COM account, you agree to pay FIT FOR TRIPS® the Fees for the Service applicable to the chosen program. The Fees for the Service do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Service. All Fees, Taxes (as defined herein) and other charges will be billed to your credit card in U.S. dollars. In the event you fail to pay any amount when due, FIT FOR TRIPS® may immediately suspend or terminate this Agreement and your access to the Service. p>
3.1 Content and Nutrition Disclaimer
The information presented or contained in FITFORTRIPS.COM or provided through the Service (collectively, the “Content”) is presented for the purpose of educating travelers, fitness participants and athletes on fitness, nutrition, and related training issues and topics. Nothing contained in FITFORTRIPS.COM or the Content is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from FITFORTRIPS.COM is not exhaustive and does not cover diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on FITFORTRIPS.COM. Information contained at FITFORTRIPS.COM is for informational use only. The Content and other information contained in FITFORTRIPS.COM is compiled from a variety of sources (“Information Providers”). Neither FIT FOR TRIPS® nor any Information Providers directly or indirectly practice medicine or dispense medical services as part of FITFORTRIPS.COM. FIT FOR TRIPS® is not a substitution for the services of a physician, a health provider, or any trained health professional. All medical, dietary, or other personal concerns should be addressed and discussed with your physician, health care provider, family nutritionist or your registered dietitian. Adults should not commence any short or long-termed diet program without seeking competent medical advice. Infants, toddlers and teenagers should only participate in a diet program under competent medical supervision
3.2 Fitness Disclaimer
FIT FOR TRIPS® recommends that you consult a physician before beginning any exercise program or diet. FIT FOR TRIPS® is not a licensed medical care provider. You should understand that participating in any exercise program or diet can result in physical injury, and you agree to do so at your own risk. The findings and opinions of authors expressed on FITFORTRIPS.COM are those of the author and do not necessarily state or reflect those of FIT FOR TRIPS®.
3.3 Disclaimer of Warranties.
CONTENT ON OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY, EXPRESS OR IMPLIED. FIT FOR TRIPS® HEREBY EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE WITH RESPECT TO THE SERVICE OR THE CONTENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS AGREEMENT. FIT FOR TRIPS® AND INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICE. FIT FOR TRIPS® AND INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. FIT FOR TRIPS® AND INFORMATION PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. FIT FOR TRIPS®AND INFORMATION PROVIDERS DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH FITFORTRIPS.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN FITFORTRIPS.COM WILL BE CORRECTED. Users of FITFORTRIPS.COM are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to FITFORTRIPS.COM for the reconstruction of any lost data. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
3.4 Disclaimer of Third Party Information.
Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, content providers, Information Providers or merchants appearing on FITFORTRIPS.COM are not authorized FIT FOR TRIPS® spokespersons, and their views do not necessarily reflect those of FIT FOR TRIPS®.
4. On-Line Communications
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by FIT FOR TRIPS®. FIT FOR TRIPS® cannot and does not screen content provided by you to FITFORTRIPS.COM or through the Service. Notwithstanding the foregoing, FIT FOR TRIPS® reserves the right to monitor content on FITFORTRIPS.COM and to remove content, which FIT FOR TRIPS®, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or FIT FOR Trips®‘ operating policies for users of FITFORTRIPS.COM (“Users”). Except as described herein, any communication that you post on any public area of FITFORTRIPS.COM (e.g., comments, forums, etc.) is considered to be non-confidential. By placing any information or other material on such publicly accessible locations on FITFORTRIPS.COM (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to FIT FOR TRIPS® a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of FITFORTRIPS.COM (including but not limited to chat rooms, forums and message boards) alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.
4.2 Permitted Activities.
You may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use FITFORTRIPS.COM as permitted by this Agreement, FIT FOR Trips® operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the FITFORTRIPS.COM area where you are uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). FIT FOR TRIPS®operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards (“BBSs”) and other matters are available online at FITFORTRIPS.COM. FIT FOR TRIPS® reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
You are responsible for your communications and your use of FITFORTRIPS.COM. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to FITFORTRIPS.COM with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use FITFORTRIPS.COM to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by FIT FOR TRIPS®; (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or FITFORTRIPS.COM; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or FITFORTRIPS.COM; (m) use FITFORTRIPS.COM in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to FITFORTRIPS.COM the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by FIT FOR TRIPS®; (o) falsely purport to be an employee or agent of FITFORTRIPS.COM (p) cause repeated disruptive incidents; (q) act, or fail to act, in your use of FITFORTRIPS.COM, in a manner that is contrary to applicable law or regulation; or (r) engage in any other activity deemed by FIT FOR TRIPS® to be in conflict with the spirit or intent of this Agreement. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of FIT FOR TRIPS® to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in FITFORTRIPS.COM, nonetheless, FIT FOR TRIPS® reserves the right to take such action as it deems appropriate in cases where FITFORTRIPS.COM is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on FITFORTRIPS.COM, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
FIT FOR TRIPS® reserves complete and sole discretion with respect to the operation of FITFORTRIPS.COM. FIT FOR TRIPS® may, among other things: (a) delete User’s account and program information, email or private messages after completion of User’s program or otherwise within the time established by FIT FOR TRIPS® policies; (b) subject to Section 7 and Section 4, make available to third parties information relating to FITFORTRIPS.COM and Users; and (c) withdraw, suspend or discontinue any functionality or feature of FITFORTRIPS.COM. FIT FOR TRIPS® may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. FIT FOR TRIPS® will not review the contents of email or private messages except as required or allowed by applicable law or legal process.
6. Other Sites
You are encouraged to use discretion while browsing the Internet using links initiated at FITFORTRIPS.COM. FITFORTRIPS.COM links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. FIT FOR TRIPS® and Information Providers make no representations concerning any effort to review all of the content of sites listed in its Website.
7. Review of Postings & Uploads
FITFORTRIPS.COM does not and cannot review all communications and materials posted or uploaded to FITFORTRIPS.COM and is not responsible for the content of these communications and materials. However, FITFORTRIPS.COM reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to FITFORTRIPS.COM. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
The entire contents of FITFORTRIPS.COM are copyrighted as a collective work under the laws of United States and other copyright laws. FIT FOR TRIPS® holds the copyright in the collective work. The collective work includes works that are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of FITFORTRIPS.COM solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from FITFORTRIPS.COM. You may not use any FIT FOR TRIPS® logo or any other proprietary graphic or trademark without FIT FOR TRIPS®‘ express written permission. p>
10. Licenses and Idea Submissions
You agree to grant to FIT FOR TRIPS® a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of FITFORTRIPS.COM (such as forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against FIT FOR TRIPS® for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FIT FOR TRIPS®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING FITFORTRIPS.COM USING YOUR SERVICE ACCOUNT. p>
12. Waiver, Release and Limitation of Liability
YOU AGREE THAT NEITHER FIT FOR TRIPS® NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF FITFORTRIPS.COM, THE SERVICE, OR THE CONTENT. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST FIT FOR TRIPS®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF FIT FOR TRIPS®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF FITFORTRIPS.COM, THE SERVICE, OR THE CONTENT. Your use of the Service is solely at your own risk. You expressly acknowledge and agree that FIT FOR TRIPS® shall not be responsible for any damage, loss, or injury to persons or property caused, or alleged to have been caused, directly or indirectly, by any instruction, information, product, or ideas provided, suggested or referenced on FITFORTRIPS.COM, the Service, or the Content. No advice or information, whether oral or written, obtained by you from FITFORTRIPS.COM or through the Service shall create any warranty not expressly made herein. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF FIT FOR TRIPS®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL FIT FOR TRIPS®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF FITFORTRIPS.COM ARE HEREBY EXCLUDED EVEN IF FIT FOR TRIPS® ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Third Party Rights
The provisions of paragraphs 11 (Indemnification) and 12 (Waiver, Release and Limitation of Liability) are for the benefit of FIT FOR TRIPS® and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. p>
14. Term; Termination
Either you or FITFORTRIPS.COM may terminate your right to use FITFORTRIPS.COM at any time, with or without cause, upon notice. FIT FOR TRIPS® also reserves the right to terminate or suspend your FITFORTRIPS.COM membership without prior notice, but FIT FOR TRIPS® will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 1.2 (User’s Agreement), 1.3 (User Representations), 9 (Copyright), 10 (License, and Idea Submission), 11 (Indemnification), 12 (Waiver, Release and Limitation of Liability), 13 (Third Party Rights), 15 (Cancellation), 17 (Miscellaneous), and 18 (Notice) shall survive any termination of this Agreement.
Refunds for standard or custom travel preparation programs are available to any person who is unsatisfied with his or her program. p>
16. Copyright or Intellectual Property Infringement Notification
FIT FOR TRIPS® respects the intellectual property rights of others. You can notify FIT FOR TRIPS® of possible copyright infringement, and FIT FOR TRIPS® will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(i) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on FITFORTRIPS.COM reasonably sufficient to permit FIT FOR TRIPS® to locate the material;
(iv) Your contact information, including your address, telephone number, and email;
(v) A statement by you that you have 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
(vi) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (“DMCA”). Claims can be sent to info@FITFORTRIPS.com or to Shapiro Fitness, Inc., 1229 Fairfield Drive, Marietta, GA 30068.
17. Export Controls; U.S. Government Restricted Rights
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (”OFAC”), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of the Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list. /p>
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. You agree that any legal action or proceeding between FIT FOR TRIPS®and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Cobb County, Georgia, United States. Any cause of action or claim you may have with respect to FIT FOR TRIPS® must be commenced within one (1) year after the claim or cause of action arises. FIT FOR TRIPS® failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 11, 12 and 13 is intended to benefit FIT FOR TRIPS® and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. FIT FOR TRIPS® may assign its rights and duties under this Agreement to any party at any time without notice to you.
FIT FOR TRIPS® may deliver notice to you under this Agreement by means of electronic mail, a general notice on FITFORTRIPS.COM, or by written communication delivered by first class U.S. mail to your address on record in FIT FOR TRIPS®‘ account information. You may give notice to FIT FOR TRIPS® at any time via electronic mail to FITFORTRIPS.COM to the following address: ATTN: Member Serviceinfo@FITFORTRIPS.COM