Terms of Use

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MsFitUSA.com Terms of Use

1. This website (the "Site") is owned and administered by MsFit Inc. d/b/a MsFit Activewear and MsFitUSA.com. These Terms of Use ("Terms") govern your access to and use of the content and services provided by the Site including all applications, APIs, SMS, RSS, newsfeeds, hyperlinks, tools and widgets, podcasts, videos, photos, games, quizzes, emails, illustrations, blogs, and any other information or materials uploaded, downloaded or appearing on the Site in any format ("Content"). "You" or "Your" as used in these Terms refers to any person or entity that downloads, uploads, or accesses the Site, or any Content. "User Content" as used in these Terms refers to any material or content in any format submitted, posted, or uploaded to the Site by You for any purpose. By using, purchasing products from, registering or opening an account with the Site You agree to these Terms, to the Privacy Policy, to the Return Policy, and to receive all notices relative to this Site electronically. If You do not agree with the Terms, the Privacy Policy, the Return Policy, or to receive notice electronically, do not register or open an account with, purchase from, use or access the Site.

2. Changes in Terms or Site. MsFit Activewear may modify, add, delete or discontinue any aspect, product, service or feature of the Terms, or the Site, at any time with or without notice, including but not limited to any Content, equipment needed to access the Site, hours of availability, the ability to upload and download Content, limits on use and storage, the ability of You or others to access the Site, and changes in the rules and prizes associated with any quiz or contest featured on the Site. Any change to these Terms will be effective immediately. You agree to review these Terms from time to time. Your use or access of the Site after the changes have been posted shall be deemed to constitute Your acceptance of those changes regardless of whether or not you have reviewed the changes.

3. Trademarks and Copyrights. MsFit Activewear owns all rights for all its logos, Trademarks and Service Marks appearing on its Site. All other logos, Trademarks and Service Marks appearing on the Site are the property of their respective owners. The Site and related content presented is protected by Copyright law and is the property of MsFit Inc. Any redistribution or reproduction of any part of the Site, or all of the Contents in any form is prohibited other than the following:

  • Printing or downloading content for your personal and non-commercial use only.

All ownership and legal rights in the Site not specifically granted to You are retained by MsFit Inc. 

4. Registration. You represent that any information You submit in connection with registering to use the Site or creating an account is true and complete. You irrevocably consent to MsFit Inc. using Your information in connection with the Site. You are responsible for creating and safeguarding all passwords that You use in conjunction with the Site. You agree that Activewear is not responsible for any loss You incur as a result of any unauthorized use, or misuse, of Your password by You or any third-party. You agree that Activewear is not responsible for any loss You incur as a result of any unauthorized access of your account or personal information by another. You agree to immediately notify Activewear if You suspect that someone has used Your password or Your account without Your authorization.

5. Termination and Deletion of User Content. MsFit Inc. shall have the right, but not the obligation, to immediately terminate any registration or account You have with Activewear, with or without notice, should MsFit Inc. determine, in its sole discretion, that You have breached the Terms, or have otherwise acted in a manner that is unacceptable.  Should MsFit Inc. terminate Your account, registration, or use of the Site, You agree to immediately permanently destroy any Content You have obtained from the Site. No waiver by MsFit Inc. of any breach or default by You shall be deemed to be a breach or waiver of any preceding or subsequent breach or default.

6. Indemnification. You agree to indemnify and hold harmless MsFit Inc., its officers and directors, licensors, service providers, employees and agents from and against any claims or losses, liability and damages whatsoever including but not exclusive to, attorney's fees, related in any way to Your use of the Site. 

7. Limitation of Liability. You agree that the use of the Site is at Your sole risk. Neither MsFit Inc. nor any of its employees, agents, third-party content providers, vendors or licensors warrant that MsFitUSA.com will be uninterrupted, or error free; nor does MsFit Inc. warrant or guarantee the any results that may be obtained from the use of the Site, or as to the accuracy, timeliness, performance, completeness, reliability or suitability of any information, service, software, or merchandise provided on this Site.  MsFit Inc. disclaims all warranties express or implied including, but not limited to, the warranty of merchantability and the warranty of fitness for a particular purpose. MsFit Inc. does not warrant that any information or merchandize found on the Site is fit for any particular purpose. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. You acknowledge that information and materials contained on this Site may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

8. Warning. The information provided on this Site is for informational and educational purposes only. The Content and information made available on the Site does not and is not intended to provide medical advice and should not be used in place of professional medical advice, diagnosis or treatment. MsFit Inc. is not a licensed medical care provider and has no experience or expertise in advising, diagnosing or treating medical or health conditions of any kind. You should always consult a physician before starting any fitness or nutrition program. Your use of any information or materials on this Site is entirely at Your own risk, for which MsFit Inc. shall not be liable. By accessing and using the Content contained on this Site You represent that You have consulted with a physician before participating in any health, wellness, fitness, exercise, or nutrition program contained on the Site. As with any health, wellness, exercise, fitness or nutritional program, including any featured on this Site, there is an inherent risk of injury or death. By accessing and using the Content contained on the Site You acknowledge that such risks exist and agree to accept all such risks that come with participating in any health, fitness, exercise, or nutritional program featured on this Site. Should You feel pain or discomfort while participating in any exercise, training or nutritional program featured on this Site You should stop the activity and consult with Your physician before continuing. In the case of an emergency You should seek immediate medical attention. Under no circumstances should You rely on the information contained on the Site to diagnosis or treat any medical condition, injury or illness.

9. Governing law. These Terms shall be construed in accordance with the laws of the Province of Ontario. The headings contained in these Terms are for navigation purposes only and do not have any legal bearing on the Terms themselves. These Terms of Use, the Privacy Policy, the Return Policy and any operating procedures or rules established byMsFit Inc. constitute the entire agreement between the parties and supersedes all previous written or oral agreements between the parties with respect to the same subject matter. Any lawsuit brought be You against MsFit Inc. or its licensors relating to Your use of the Site, shall be brought in the Province of Ontario. You agree to that such courts shall have exclusive jurisdiction over the matter. Should any part of these Terms be deemed invalid by a court of competent jurisdiction, than the remaining Terms remain in force.

10. Contact Information. Should You have any questions about any of the Terms or anything relating to the Terms, You may contact MsFit Inc. or MsFitUSA.com at Lisa@MsFitUSA.com.

These Terms of Use were last modified on 12/14/2013