Terms of service
We, Fitday USA LLC, registered office 42697 Lobelia Pl, Chantilly, VA, 20152, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns). Before using this website (hereafter referred to as "website"), please read these terms of service carefully. Your access to Fitday and use of the website are governed by these website terms of use (hereafter, "terms of use"). The website is only made accessible to you if you accept the conditions of use outlined below. Do not access or use the website if you do not agree to all terms and conditions. You and the organisation you are allowed to represent (hereafter referred to as "you" or "your") indicate your agreement to be governed by the terms of use by accessing or using the website.
User Eligibility
The Web Site is provided by Fitday, and access to it is restricted to entities and individuals who have reached the age of majority and are legally able to enter into agreements. If you don't fit the prerequisites, you can't use the website.
Scope Of Terms of Use
Except to the extent that such Services are covered by a different agreement, these Terms of Use govern Your use of the Website and all apps, software, and services (collectively referred to as "Services") made available over the Web Site. Use of certain Services and other things made available to you via the Web Site may be subject to additional terms or agreements ("Service Agreement(s)"). Any such Service Agreements will be included with the relevant Services, listed in conjunction with them, or accessible through a website connected to them.
Modifications
Fitday has the right to modify these terms of use at any time. If you use the website after these terms of use have been published, you agree to any changes that have been made. Any part of the website may be updated, changed, added to, or removed in Fitday's sole discretion and without prior notice. Fitday also has the right to change or charge for any goods and services made accessible on the website at any time. At Fitday's sole discretion, general rules and restrictions relating to other Fitday products and services may be created or changed at any time.
Fitday Privacy Notice
You assure Fitday that, for Fitday to use the Services, you have secured all necessary consents for the processing of any personal information about an individual that You provide to Fitday..
Licence and Ownership
The Web Site and its contents (the "Content") are protected by all intellectual property rights ("Intellectual Property") that belong exclusively to Fitday, or other parties. Intellectual property laws and other legal frameworks in India and other nations safeguard the Content. Aspects of the website may not be copied or imitated in whole or in part because they are protected by trade name, trade secret, unfair competition, and other laws. It is forbidden to use or tamper with any personalised graphics, icons, or other things that appear on the website (collectively, "Marks"), whether they belong to Fitday, or other companies that have given Fitday permission to use them. The Intellectual Property of the Web Site may not be copied, reproduced, modified, amended, leased, loaned, sold, and/or used to create derivative works, uploaded, transmitted, or distributed in any way unless expressly permitted by these Terms of Use or with the prior written consent of Fitday or a proper third party. Fitday does not give You any express or implied rights to its or any third party's intellectual property, other as specifically stated in this agreement.
Fitday hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the Web Site, Content and Services only in the manner presented by Fitday, and (b) access and use the Fitday computer and network services offered within the Web Site (the "Fitday Systems") only in the manner expressly permitted by Fitday. Except for this limited licence, Fitday does not convey any interest in or to the Fitday Systems, information or data available via the Fitday Systems (the "Information"), Content, Services, Web Site or any other Fitday property by permitting you to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Fitday. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by Fitday.
Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms of Use, you agree that:
- The source of information transmitted through the website cannot be concealed.
- You won't post any inaccurate or deceptive information on the website.
- You won't access or use any software, information, applications, or services made accessible over the Web Site in a way that Fitday has not specifically authorised.
- You agree that nothing on this website will be uploaded or entered by you that could be infected with Trojan horses, worms, time bombs, or other computer programming routines intended to damage, interfere with, intercept, or take over control of any system, website, or data, or that infringes upon the intellectual property rights of third parties.
- Customers of Fitday are only permitted access to some portions of the website.
- It is forbidden for you to use or access the Fitday Systems, the Web Site, or the Services in any way that interferes with authorised parties' access to the Fitday Systems, the Web Site, or the Services, or that negatively affects Fitday's judgement of their functioning or performance.
- Without Fitday' prior written agreement, you may not use framing methods to enclose any part or component of the Content or the Information.
Links
External Links: The Web site may link to other Websites and resources (referred to collectively as "Linked Sites" in the following). These Linked Sites are only being made available to You as a convenience, and Fitday does not necessarily endorse the information found there. Regarding the correctness, accuracy, performance, or quality of any information, software, service, or application located at any Linked Site, Fitday makes no representations or warranties. The linked sites' accessibility, as well as their activities or content, are not within the control of Fitday. You do so at your own risk if you choose to access Linked Sites. You must also abide by all applicable policies and terms and conditions of use before using any linked websites, including the Linked Site's privacy policy. Without a special linkage agreement with Fitday, linking to any page of the website other than through a plain text link is strictly forbidden. It's against the law to link to any page on any website or use other technology that does so.
- replicating content,
- using a browser or border environment around the Content,
- implying in any fashion that Fitday endorse it or its products,
- misrepresenting any state of facts, including its relationship with Fitday,
- presenting false information about Fitday products or services, and
- using any logo or mark of Fitday, without express written permission from Fitday
Termination
Even while access to and usage by others is still allowed, you agree that Fitday may, in its sole discretion, cancel or suspend Your use of the Web Site, the Fitday Systems, Information, Services, and Content at any time and for any or no reason. Should such a suspension or dismissal occur, you have to immediately:
- halt using the website, and
- delete any copies you may have made of any of the content. After such termination, suspension, or discontinuation, accessing the Web Site, the Fitday Systems, information, or services is considered trespassing. You further acknowledge that in the event that Fitday terminates or suspends your access to the Web Site, the Fitday Systems, Information, and/or the Services, Fitday shall not be liable to you or any third person.
Disclaimer of Warranties
Fitday disclaims any responsibility for any outcomes associated with the use of the website, Fitday systems, services, information, or content. You do it at your own risk when using the same. Fitday systems, the website, the information they contain, the services they offer, and the content are all offered "as is." The implied warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose are among those that Fitday, its licensors, and its suppliers hereby disclaim to the fullest extent permitted by law. Fitday, its licensors, and suppliers make no representations or warranties about the timeliness, accuracy, comprehensiveness, security, or other qualities of the information, material, or services made accessible on or via the use of the Fitday systems or the website. All information obtained from Fitday on the website does not constitute a warranty, unless it is specifically stated in these terms of use.
Limitation of Liability
Regardless of the legal theory supporting the liability—contract, warranty, tort, delict, or otherwise—Fitday, its licensors, suppliers, and any third parties mentioned on the website disclaim all liability for incidental, direct, indirect, special, exemplary, punitive, or consequential damages, lost profits, lost data loss damages, or business interruption resulting from the use or inability to use the Fitday systems, information, services, or the content. To the extent permitted by law, the remedies defined for you in these terms of use are restricted to those expressly mentioned here.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the internal laws of the USA to the fullest extent permissible by law, with venue in the courts of Virginia, USA.
Changes to terms of service
The most recent version of the Terms of Service is available for your perusal on this page at any time. By publishing updates and modifications on our website, we reserve the right, at our sole discretion, to amend, modify, or replace any part of these Terms of Service. It is your duty to regularly check our website for updates. Acceptance of any modifications to these Terms of Service is shown by your continued use of or access to our website or the Service after they have been posted.