Use of Site. Unless otherwise specified, the Services are for your personal and non-commercial use. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
User Conduct. While using the Site you will comply with all applicable laws, rules, and regulations. In addition, the Company expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site. You agree that you will not:
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that the Company endorses any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may be or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without our express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, the Company grants the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. The Company reserves the right to revoke these exceptions either generally or in specific instances.
Copyright. The Site and the Content are protected by U.S. and foreign copyright laws, and belong to i5 LLC, DBA Digital Fitness and its partners, affiliates, contributors and third parties. The copyrights in the Content are owned by i5 LLC, DBA Digital Fitness or other copyright owners who have authorized their use on this Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by i5 LLC, DBA Digital Fitness, for example in certain password-restricted areas. You may not manipulate or alter in any way any images or other Content on the Site.
Intellectual Property. ©Copyright 2017 by i5 LLC, DBA Digital Fitness. All rights reserved. The Company claims a copyright in all proprietary and copyrightable text, graphics and computer code on this Site, the overall design of this Site, and the selection, arrangement and presentation of all materials on this Site, including information in the public domain. You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the materials contained on the Site, except for your personal, noncommercial use, absent the written approval of i5 LLC, DBA Digital Fitness.
Links to Third-Party Web Sites. If you use any links on the Site to websites not maintained by i5 LLC, DBA Digital Fitness, you will leave the i5 LLC, DBA Digital Fitness’s Site. The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained on a linked site. The Company provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by the Company of the site.
Downloading Files. Any software or documents that are made available to download from the Services (“Download”) is the copyrighted work of i5 LLC, DBA Digital Fitness and/or its suppliers. Use of the Download is governed by the terms of this Agreement, or by the end user license agreement, if any, which accompanies or is included with the Download (“License Agreement”). Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by the Company.
The Download is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Download not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the download to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such download.
The download is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, i5 LLC, DBA Digital Fitness hereby disclaims all warranties and conditions with regard to the download, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, i5 LLC, DBA Digital Fitness may make available as part of the services or in its software products, tools and utilities for use and/or download. i5 LLC, DBA Digital Fitness does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in i5 LLC, DBA Digital Fitness software products.
Disclaimer of warranties. i5 LLC, DBA Digital Fitness makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. i5 LLC, DBA Digital Fitness expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. i5 LLC, DBA Digital Fitness does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. i5 LLC, DBA Digital Fitness does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
Limitation of Liability. IN NO EVENT WILL I5 LLC, DBA Digital Fitness be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), or otherwise, resulting from your access or use of this site. You hereby waive any and all such claims against i5 LLC, DBA Digital Fitness, their partners, employees affiliates and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the Site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
Indemnification. i5 LLC, DBA Digital Fitness makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. i5 LLC, DBA Digital Fitness expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. i5 LLC, DBA Digital Fitness does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. i5 LLC, DBA Digital Fitness does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
Additional Terms of Service. If you purchase any paid Service from i5 LLC, DBA Digital Fitness, such purchases will be subject to the additional terms and conditions associated with such purchases, including an associated purchase contract. Please review the policies that govern your use of such Services.
Password Security. If you register to become an i5 LLC, DBA Digital Fitness member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. You agree to notify i5 LLC, DBA Digital Fitness immediately of any unauthorized use of your account or any other breach of security. I5 LLC, DBA Digital Fitness will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by i5 LLC, DBA Digital Fitness or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, i5 LLC, DBA Digital Fitness notifies you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: https://kids.getnetwise.org/ and https://onguardonline.gov/. Please note that the Company does not endorse any of the products or services listed at these sites.
Unsolicited Idea Submission Policy. Neither i5 LLC, DBA Digital Fitness, nor any of its employees, accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new products or technologies, services, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid misunderstandings should i5 LLC, DBA Digital Fitness’s business activities bear coincidental similarities with one or more of the many unsolicited ideas submitted to i5 LLC, DBA Digital Fitness. Please do not send your unsolicited ideas to i5 LLC, DBA Digital Fitness or anyone at i5 LLC, DBA Digital Fitness. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your submission may say:
- your idea will automatically become the property of i5 LLC, DBA Digital Fitness, without any compensation to you;
- i5 LLC, DBA Digital Fitness will have no obligation to return your idea to you or respond to you in any way;
- i5 LLC, DBA Digital Fitness will have no obligation to keep your idea confidential; and
- i5 LLC, DBA Digital Fitness may use your idea for any purpose whatsoever, including giving your idea to others.
User Supplied Information. Any feedback you provide at this Site shall be deemed to be non-confidential. i5 LLC, DBA Digital Fitness shall obtain the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the feedback, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. By providing such feedback, you guarantee to us that you have the legal right to post said feedback and that it will not violate any law or the rights of any person or entity.
Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. It is i5 LLC, DBA Digital Fitness’s policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at https://copyright.gov ). To report an infringement, you must submit a written notice containing the following:
- Identification of the copyrighted content alleged to be infringed upon in sufficient detail to specify the copyrighted work (i.e. URL or publication information of original copyrighted work).
- Identification of content subject to the claim of copyright infringement, including the specific URL of content submitted, posted or displayed through the Services.
- Contact information sufficient to allow i5 LLC, DBA Digital Fitness to contact you regarding your claim; including your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the aforementioned use of copyrighted content is unauthorized.
- A statement by you, under the penalty of perjury that all information provided in the notice is accurate, and that you are either the owner of the allegedly infringed copyright or a person authorized to act on the copyright owner’s behalf.
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.