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Terms and Conditions
SERVICE AGREEMENTeFITology, Inc. TM (“eFITology”, “us”, “our”, “we”, “Company”, “Site”) maintains this Internet site together with other Internet sites (“eFITology.com”, “Sites” its affiliates and subsidiaries) as a service to the Internet community. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, or using the Site. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access cancelled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Sites will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the site.
The Sites is operated by eFITology.com. We are a company incorporated in California and our principal place of business is located at 13910 Fiji Way, #272, Marina Del Rey, CA 90292, USA. Any dispute of any sort that might arise between you the Sites (eFITology.com or its affiliates and subsidiaries) shall be subject to the exclusive jurisdiction of the courts of Los Angeles, California, USA.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively “Content”) that are protected by copyrights, trademarks, rights in databases and/or other proprietary rights , and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is the property of eFITology and protected by United States and international intellectual property laws. As a user of the Site, you may download Content solely for your personal, non-commercial use. You may not use the Content in any matter inconsistent with the Service Agreement (“Agreement”) or applicable law, nor may you copy, modify or alter the Content.
Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking, or otherwise, except: (1) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Sites and, in most cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you believe has been infringed; a description of where the material that you claim is infringing is located or indentified on the Sites; your name, address, telephone number, and e-mail address; a statement by you that you have good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to us for notice of claims of copyright or other intellectual property infringement, who can be reach by email at sales@eFITology.com, or by mail at eFITology, Inc. 13910 Fiji Way, #272, Marina Del Rey, CA 90292.
We will use reasonable efforts to include accurate and up-to-date Content and information on the Sites. From time-to-time we will include content and/or information provided by third parties. By clicking on certain links within the Sites, you may leave eFITology Sites for another Web site (“Third Party Site”) which eFITology neither owns nor controls. eFITology shall not be liable to you for your use of a Third Party Site.
We reserve the right to change this Agreement and any other posted policy on the Sites or to withdraw, change or add products or services contained within our Sites at any time.
You agree to: (a) maintain all equipment necessary for your access to and use of the Sites; (b) maintain the security of your user identification, password and other confidential information relating to your account with eFITology; (c) be responsible for all charges resulting from use of your account with eFITology, including unauthorized use prior to your notifying eFITology of such unauthorized use and taking the legal steps to prevent its further occurrence by contracting us to change your password; and (d) updating your personal information, including email address.
You may cancel your membership as follows:
By email: send an email to sales@eFITology.com. In the text of the body of your email state your first and last name, and intent to cancel. We will not open your email if it contains an attachment.
By mail: mail your letter to eFITology, Inc., 13910 Fiji Way, #272, Marina Del Rey, CA 90292 Attn: Member Services. Include your first and last name, user name, email address, and your intent to cancel.
You agree that neither eFITology, Inc. nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers (“Released Parties”), shall have any liability to you under any theory of liability or indemnity in connection with your use of the Sites. You further agree to hereby and forever release and waive any and all claims you may have against any Released Parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys fees and associated costs and expenses) arising from you use of the Sites. Notwithstanding the foregoing, our total liability to you by any Release Party, should your claim arise from a purchase made on or through our store, shall not exceed the cost of the product or service purchased (less shipping and handling). No representations or warranties of any kind, whether express or implied, fitness for a particular purpose, or merchantability are made by us regarding the Sites. We will not be liable to you for any damages, including, direct or indirect, special, incidental, consequential or punitive damages even if we have been advised of the possibility of such damages. Void where prohibited by law.
eFITology may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites or by first class U.S. Mail to the street address provided by you at the time you become a member. eFITology will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email and forward it to sales@eFITology.com. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:
13910 Fiji Way, Suite 272
Marina Del Rey
© 2009-2010 eFITology, Inc. All Rights Reserved