Effective Date: January 20, 2005.
Welcome to
the CAFitness Web site (hereinafter "CAFitness" or the
"Site"). The following terms and conditions and any other
policies, notices, rules or guidelines posted on the Site shall
govern your use of the Site. Because these Terms and Conditions
contain legal obligations, please read them carefully.
1. YOUR AGREEMENT
By using this Site, you
agree to be bound by, and to comply with, these Terms and Conditions,
unless you offer different terms that are accepted in writing by
CAFitness. You also agree to comply with any guidelines or rules
posted on this site and all such guidelines and rules posted are
hereby incorporated by reference into these Terms and Conditions. If
you are dissatisfied with this Site, its content or Terms and
Conditions or other legal notices, you agree that your sole and
exclusive remedy is to discontinue using this Site.
PLEASE NOTE: We reserve the right, at our sole
discretion, to change, modify or otherwise alter these Terms and
Conditions at any time. Unless otherwise indicated, amendments will
become effective immediately. Please review these Terms and
Conditions periodically. Your continued use of the Site following the
posting of changes and/or modifications will constitute your
acceptance of the revised Terms and Conditions and the reasonableness
of these standards for notice of changes unless you offer different
terms that are accepted by CAFitness. For your information, this page
was last updated as of the date at the top of these terms and
conditions. You can obtain a printed copy of the most current Terms
and Conditions by writing to us at the address set forth in the
notice provision below.
2. PRIVACY
Please review our privacy policy,
which also governs your visit to this Site, to understand our
practices.
3. ELIGIBILITY & RULES OF PARTICIPATION
A. To be eligible to participate in CAFitness's Rewards program,
you must be at least 18 years of age and reside in the continental
United States, Alaska or Hawaii and there must be no other accounts
in your household. Corporations or other business entities are not
eligible to participate.
B. Eligible participants must comply with the following
rules and requirements in order to receive a reward: (i) establish
and maintain only one account, and that account must be registered to
a unique e-mail address; (ii) provide valid and truthful information
as requested by CAFitness or a participating advertiser; (iii) have
cookies enabled; and (iv) access an advertiser's site through the
Site.
C. By using this site, you represent that you will be responsible
for maintaining the confidentiality of your account and for
restricting access to your computer. You also agree to be responsible
for any and all activities that occur under your account. You agree
to immediately notify us of any unauthorized use of your account or
any other breach of security. CAFitness will not be responsible for
any loss or damage arising from your failure to comply with your
responsibilities and obligations under these Terms and Conditions. By
entering any information on this Site, you represent and warrant that
you: (i) are at least 18 years of age; (ii) are using your actual
identity; (iii) have provided only true, accurate, current and
complete information; (iv) will maintain and promptly update the
information that you provide to keep it true, accurate, current and
complete; and (v) are using CAFitness solely for your own enjoyment
and not on behalf of or for the benefit of any third parties.
4. TERMINATION AND CANCELLATION.
CAFitness
may - at its sole discretion and for any reason or no reason at all -
terminate any account and deny any reward without prior notice for
(a) any violation of any provision of this Agreement; (b) aiding in
or promoting circumvention of the CAFitness Rewards Program,
including, but not limited to, using any account to accrue a free
gift for a third party or using a third party's account to accrue a
free gift for yourself; (c) acting against the business interests or
reputation of CAFitness; (d) otherwise acting unlawfully in
relationship to CAFitness, the Site or the Rewards Program; (e)
inactivity (defined as the failure to earn any free gift in your
CAFitness account) for a continuous six-month period; (f) CAFitness's
reasonable suspicion of any of the activity listed in 4(a)-(d); or
(g) any other reason at the discretion of CAFitness. If your account
is terminated, you may not re-enroll or join under a new account
without CAFitness's prior written authorization. You may cancel Your
Membership at anytime by sending an e-mail to .
If you decide to cancel your membership and later wish to re-enroll,
you will not receive credit for any activity under your prior
account.
5. USER CONDUCT
(a) Any conduct by you that in our sole discretion restricts or
inhibits any other user from using or enjoying the Site (or any
linked site) will not be permitted. You agree not to access or
attempt to access the non-public areas of the Site or any other
user's information or impersonate any person or entity or otherwise
falsely state or misrepresent your affiliation with a person or
entity.
(b) You agree that your data, content, and any information
provided or used on Site, as well as your use of our Site, Products
and Services will not infringe or facilitate infringement on any
copyright, patent, trademark, trade secret, or other proprietary,
publicity, or privacy rights (collectively "Rights") of any
party, including the Rights of third-parties; or contain or promote
any viruses, Trojan horses, worms, time bombs or other computer
programming or code that is designed or intended to damage, destroy,
intercept, download, interfere, manipulate, or otherwise interrupt or
expropriate the Site, data, personal information, software,
equipment, servers or content or facilitate or promote hacking or
similar conduct. You also agree not to make any attempt to earn or
redeem rewards in a manner inconsistent with this Agreement.
6. MONITORING YOUR ACCOUNT.
You may view your
account balance at the CAFitness contact us web page. Account
information is updated as confirmation is received from CAFitness's
advertisers. If you have a question about your account, you may visit
our send out customer service department an e-mail from our contact
us page on the CAFitness site.
7. CAFitness MARKETING MATERIALS.
By signing
up for CAFitness you are giving your consent to receive promotions
or newsletters from CAFitness, its affiliated entities and/or
third-party marketing partners. If you do not wish to receive these
emails, you may request to be removed by using the opt-out mechanism
listed in the email messages you receive. To opt-out of email
promotions from CAFitness alone, you may send an e-mail to
.
Please note that exercising an opt-out mechanism only applies to the
company with which you exercised that right.
8. RELATIONSHIP WITH MARKETING PARTNERS.
Participating
advertisers are independent third parties and R.G.com is not acting
as a principal, agent or broker with respect to any advertisers. Your
relationship with any such advertiser whose offer you respond to is
solely between You and the advertiser. You agree not to hold
CAFitness liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the content provided
by such partners through the Service.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE
SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
(iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT;
(iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR
OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT
TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY
OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR
ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE
IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE
UNITED STATES ; and (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND
CONDITIONS.
B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i)
ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT
OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR
SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY
PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR
EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
C. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH
HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING
THE SITE OR RELATED PRODUCTS OR SERVICES (COLLECTIVELY THE "CAFitness
UMBRELLA") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR
ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT
FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES,
ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS,
FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT,
LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER RELATING TO THE
SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING
NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE
VALUE OF THE REWARD OFFERED TO YOU BY CAFitness. THE FOREGOING
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
10. EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. MONITORING SITE USAGE
We may elect to
electronically monitor areas of the Site and may disclose any
content, records, or electronic communication of any kind (i) to
satisfy any law, regulation, or government request; (ii) if such
disclosure is necessary or appropriate to operate the Site; or (iii)
to protect our rights or property or the rights of the users,
sponsors, providers, licensors, or merchants.
12. SUBMISSION OF IDEAS
We constantly are
improving our Site and developing new features. If you have ideas
regarding improvements or additions to CAFitness, we would like to
hear them - but any submission will be subject to these Terms and
Conditions. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR
RELATED MATERIALS TO CAFitness BE SUBJECT TO ANY OBLIGATION OF
CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING AN IDEA
AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS
THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS, AND YOU ARE
REPRESENTING AND WARRANTING TO US THAT THE IDEA AND RELATED MATERIALS
ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE
IDEA OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO
USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US,
WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
13. NOTICE
Except as explicitly stated
otherwise, any notices provided by us may be made by an updated
posting on the Site, by postal mail or by email to the most recent
address that you have provided. Notices to us shall be given by
postal mail or e-mail (with a copy by postal mail): CAFitness , 22647
Ventura Blvd Suite 258, Woodland Hills, CA 91364,
.
14. LANGUAGE
It is the express will of the
parties that this agreement and all related documents have been drawn
up in English. C'est la volonté expresse des parties que la
présente convention ainsi que les documents qui s'y rattachent
soient rédigés en anglais.
15. INDEMNITY
By using the Site web sites you
agree to indemnify CAFitness and the CAFitness Umbrella (collectively
"Indemnities") and hold them harmless from any and all
claims and expenses, including (without limitation) attorney's fees,
arising from your use of the Site web sites, your use of the Products
and Services, or your submission of ideas and/or related materials to
CAFitness or from any person's use of any ID, membership or password
you maintain with any portion of the Site, regardless of whether such
use is authorized by you. By using the Site, the Products and
Services, or submitting any ideas and/or related materials to us, you
are hereby agreeing to release Indemnities from any and all claims,
demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known
or unknown, suspected or unsuspected, disclosed or undisclosed, that
you may have against them arising out of or in any way related to
such disputes and/or to the Products and Services or to any disputes
regarding use of ideas and/or related materials submitted to
Indemnities. YOU AGREE TO WAIVE TO, THE FULLEST EXTENT PERMITTED BY
LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR
RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS
OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"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."
17. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It
is the policy of the CAFitness to respond expeditiously to claims of
intellectual property infringement. We will promptly process and
investigate notices of alleged infringement and will take appropriate
actions under the Digital Millennium Copyright Act ("DMCA")
and other applicable intellectual property laws. Notices of claimed
infringement should be directed to:
Email Address:
18. PLACE OF PERFORMANCE
You understand and
agree that CAFitness, as a division of SJScott Ent., does business
only in the State of California. SJScott Ent. does not own or operate
any facilities outside of California. References to any CAFitness
product or service do not constitute an offer to sell or supply that
product or service, nor does it mean that the product or service is
available in all jurisdictions. Those who choose to access this site
from locations outside California do so on their own initiative and
are responsible for compliance with all applicable local laws.
19. GENERAL
A. Choice of Law, Limitation of Actions, Severability, Non-Waiver
and MeCAFitnesser. These Terms and Conditions will be governed in all
respects by the laws of the State of California as such laws are
applied to agreements entered into and to be performed entirely
within California between California residents. You hereby consent to
jurisdiction and venue in the state and federal courts in Los Angeles
County, California for such purpose, waive the personal service of
any process upon them and agree that service may be effected by
overnight mail (using a commercially recognized service) or by U.S.
mail with delivery receipt to the address you provided to CAFitness)
and agree that any claim against us must be filed within one (1) year
of the time such claim arises, regardless of any law to the contrary;
otherwise your claim will be barred forever. If any provision of
these Terms and Conditions is held to be invalid or unenforceable,
the provision shall be removed (or interpreted, if possible, in a
manner as to be enforceable), and the remaining provisions shall be
enforced. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches. These Terms and Conditions set forth the entire
understanding and agreement between us with respect to the subject
matter contained herein and supersede any other agreement, proposals
and communications, written or oral, between CAFitness's
representatives and you with respect to the subject matter hereof,
including any terms and conditions on any of customer's documents or
purchase orders.
B. No Joint Venture, No Derogation of Rights. You agree that no
joint venture, partnership, employment, or agency relationship exists
between you and CAFitness as a result of these Terms and Conditions
or your use of the Site. Our performance of these Terms and
Conditions is subject to existing laws and legal process, and nothing
contained herein is in derogation of our right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or
gathered by us with respect to such use.
Terms