Terms & Conditions
Welcome to the hit2fitchicago.com website (the “Site”). hit2fitchicago.com is a 3rd party affiliate website providing links to downloadable software provider websites for convenience only. Actual product availability and quantity may change depending on service provider updates. The site and any products and/or services that you may receive from one of our service provider partners are provided to you on an ?AS IS? and ?AS AVAILABLE? basis, and all warranties, expressed and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). hit2fitchicago.com makes no warranty that the site and/or products and/or services, and service compatibility provided by our recommended downloadable product provider will meet your requirements. The images and screenshot from service providers placed on the site are presented for convenient identification purpose only. hit2fitchicago.com is not directly affiliated, endorsed, sponsored, authorized by, or associated with the respected service provider.
By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (the “Agreement”). Please review the following terms of this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Site in any manner or form.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age and/or not a citizen of the United States, you do not have permission to use and/or access the Site.
3. License Grant. As a user of this Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Site content in accordance with this Agreement. Hit2fitchicago.com may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof hit2fitchicago.com reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on hit2fitchicago.com infrastructure. Your right to use the Site is not transferable.
4. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by hit2fitchicago.com does not constitute a waiver of any right in such information and/or materials.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
6. Indemnification. You agree to indemnify and hold Download-MSNMessenger.com, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of or in connection with: (a) your use of the Site; (b) your breach of this Agreement; (c) your violation of any rights of another individual and/or entity; and/or (d) your use of any products and/or services provided from an hit2fitchicago.com Service Provider Affiliate. The provisions of this paragraph are for the benefit of Download-MSNMessenger.com, its parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
7. Disclaimer of Warranties. THE SITE AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDER AFFILIATES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, hit2fitchicago.com MAKES NO WARRANTY THAT: (A) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES WILL MEET YOUR REQUIREMENTS: (B) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Download-MSNMessenger.com, ONE OF ITS SERVICE PROVIDER AFFILIATES OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT hit2fitchicago.com SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF hit2fitchicago.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE AN hit2fitchicago.com SERVICE PROVIDER AFFILIATE PRODUCT AND/OR SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, THE SERVICE PROVIDER AFFILIATE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR A SERVICE PROVIDER AFFILIATE SITE; AND (C) ANY OTHER MATTER RELATING TO THE hit2fitchicago.com SERVICE AND/OR SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE hit2fitchicago.com FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF hit2fitchicago.com TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR hit2fitchicago.com SERVICE PROVIDER AFFILIATE PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE go4MartialArts.com FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Download-MSNMessenger.com. THIS SITE AND THE PRODUCTS AND SERVICES AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
9. Service Provider Affiliate Websites. The Site provides links to Service Provider Affiliate and other third party Internet websites and/or resources. Because hit2fitchicago.com has no control over such websites and/or resources, you hereby acknowledge and agree that hit2fitchicago.com is not responsible for the availability of such websites and/or resources. Furthermore, hit2fitchicago.com does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such Service Provider Affiliate and/or other third party websites or resources, or for any damages and/or losses arising there from.
10. Legal Warning. Any attempt by any individual, whether or not a hit2fitchicago.com customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Site, is a violation of criminal and civil law and hit2fitchicago.com will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible at law and in equity.
11. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to its conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Los Angeles, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and hit2fitchicago.com command governs your use of the Site and/or any hit2fitchicago.com service, superseding any and all prior and/or contemporaneous agreements between you and Download-MSNMessenger.com. To the extent that anything in or associated with the Site and/or any hit2fitchicago.com service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
AUTHORIZATION BY OBTAINING, OR ATTEMPTING TO OBTAIN, SERVICES THROUGH USE OF THE HIT2FITCHICAGO.COM SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.
We have created this privacy statement in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with this web site. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website.
We recognize the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.
Google Remarketing Campaigns
We use the google advertising platform and here are a few things you should know when you visit our site.
Third party vendors, including Google, show our ads on sites on the internet.
What Information Do We Collect?
When you visit this web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.
1. Personal Information You Choose to Provide:
When you register for any of our products, services or newsletters you will provide us information about yourself.
Credit Card Information
If you choose to avail of our services, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information:
-Credit card number
-Name on credit card
-Credit card billing address
-Business and home phone number
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
2. Web Site Use Information
Similar to other commercial Web sites, our Web site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, , to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customize our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs.
Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law.
Occasionally, we may also use the information we collect to notify you about important changes to our Website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter.
What Are Cookies?
How Do We Use Information We Collect from Cookies?
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.
Sharing and Selling Information
We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.
How Can You Access and Correct Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the usual address.
What About Legally Compelled Disclosure of Information?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.
What About Other Web Sites Linked to Our Web Site?
We are not responsible for the practices employed by Web sites linked to or from our Web site or the information or content contained therein. Often links to other Websites are provided solely as pointers to information on topics that may be useful to the users of our Web site.
Our Commitment To Data Security:
Please note that your information will be stored and processed on our computers in the United States. The laws on holding personal data in the United States may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
This site allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible.
Surveys & Contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
A Special Note About Children
Children are not eligible to use our services unsupervised and we ask that children (under the age of 14) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.
Acquisition or Changes in Ownership
In the event that the website (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred. Policy Modifications