Terms and Conditions

Last Updated: January 13, 2024

FitThumb.com Terms and Conditions

The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. FitThumb.com ("HC", "The Company") may revise and update these Terms and Conditions at any time. Your continued usage of the FitThumb.com.com website (the "Site,") will mean you accept those changes.

ACCEPTANCE OF TERMS

By accessing or using this Site, you are agreeing to comply with and be bound by this Agreement. If you do not agree to these terms, you should not access or use our Site. These terms of service may be updated by the Company from time to time. Your use of the Site will be subject to the most current version of the terms of service. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the FitThumb.com Site, such as text, graphics, images, information obtained from FitThumb.com’s licensors, and other material contained on the FitThumb.com Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

DESCRIPTION OF SERVICE

The site provides users with access to tools for training and development to show progress over time.

USER CONDUCT

You agree not to use the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable. You agree not to interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

PUBLIC FORUMS AND JOURNALS

FitThumb.com does not hold any responsibility for the forum messages or journals written by other users and displayed for public use. It is your responsibility to notify the Site via email of any offending messages. FitThumb.com will make every reasonable effort to rectify the situation.

COPYRIGHT

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the following "Limited Right to Use" section, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

LIMITED RIGHT TO USE

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

USE

You acknowledge that the Company may establish general practices and limits concerning use of the Site including the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained by the Site. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

MODIFICATION OF SERVICE

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

The Company reserve the right, at its sole discretion, to suspend or deny your access to all or any portion of the Site with or without notice for any reason. The Company may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Site.

INDEMNITY

You agree to defend, indemnify, and hold FitThumb.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NEITHER THE COMPANY, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ADVERTISERS, SPONSORS, OR OTHERS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE. THE SITE, AND YOUR ACCESS TO IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, AS TO ALL GOODS, SERVICES AND INFORMATION PROVIDED ON OR THROUGH THE SITE. NO ORAL OR WRITTEN INFORMATION GIVEN BY US NOR ANY PROVIDER SHALL CREATE ANY WARRANTY.

LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR MESSAGES RECEIVED OR PRODUCTS OR SERVICES PURCHASED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GENERAL INFORMATION

These terms of service constitute the entire agreement between you and the Company and govern your use of the Service. These terms of service and the relationship between you and the Company shall be governed by the laws of the State of South Dakota. If any provision of these terms of service are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term.