Fitness Singles

e-Unity Corporation Terms of Service and User Agreement

This is a legal agreement between you and e-Unity Corporation. You must review this Agreement very carefully before registering for any and all services of e-Unity Corporation, including the Personals website at www.fitness-singles.com Upon successful registration, you become a member of the Service and you agree to be bound by all of the terms and conditions of this agreement for as long as you remain a member. If you do not agree to the terms, you may not proceed to register or become a member of the service. The terms are subject to change at any time by e-Unity Corporation, effective upon notice to you. Notices sent to you by email will constitute delivery, regardless of whether the email was not sent successfully, not received, not read, or lost during transmission. USE OF THIS SERVICE IS AT YOUR OWN RISK.

1. ACCEPTANCE OF TERMS

Welcome to e-Unity Corporation. e-Unity Corporation provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at www.fitness-singles.com. In addition, when using particular e-Unity Corporation services, you and e-Unity Corporation shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

e-Unity Corporation currently provides users with access to a collection of resources, including, various communications tools, forums, and personalized content through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for e-Unity Corporation to provide the Service. You also understand and agree that the service may include certain communications from e-Unity Corporation, such as service announcements, administrative messages and the e-Unity Corporation Newsletter, and that these communications are considered part of e-Unity Corporation membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new e-Unity Corporation properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that e-Unity Corporation assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Please be aware that e-Unity Corporation has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or e-Unity Corporation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, e-Unity Corporation has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the service is strictly prohibited to minors under the age of 18. Although you may register as a member of the service for free, if you wish to communicate with other members and use certain other parts of the service, you must become a subscriber and pay the fees that are set out in the price list located at www.fitness-singles.com. This price list is part of this Agreement. e-Unity Corporation can change the subscription fees for the service at any time but will give you notice via email or conspicuous posting before it does so.

4. e-Unity CORPORATION PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at www.fitnesssingles.com.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify e-Unity Corporation of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. e-Unity Corporation cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not e-Unity Corporation, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. e-Unity Corporation does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will e-Unity Corporation be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a e-Unity Corporation official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are specifically designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • “stalk” or otherwise harass another; or
  • collect or store personal data about other users.You acknowledge that e-Unity Corporation does not pre-screen Content, but that e-Unity Corporation and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, e-Unity Corporation and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by e-Unity Corporation or submitted to e-Unity Corporation, including without limitation information in e-Unity Corporation Message Boards, e-Unity Corporation Clubs, and in all other parts of the Service.

You acknowledge and agree that e-Unity Corporation may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of e-Unity Corporation, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that you are solely responsible for your interactions with other members. e-Unity Corporation reserves the right, but has no obligation, to monitor disputes between you and other members.

FITNESS-SINGLES.COM ENCOURAGES YOU TO TAKE REASONABLE PRECAUTIONS TO ENSURE YOUR SAFETY WHEN INTERACTING WITH OTHERS, AND YOU UNDERSTAND THAT WE CANNOT AND WILL NOT GUARANTEE YOUR PERSONAL SAFETY WHEN MEETING WITH OTHER MEMBERS. YOU ALONE ARE RESPONSIBLE FOR PROTECTING YOUR PHYSICAL SAFETY, AND THE SAFETY OF YOUR PERSONAL AND FINANCIAL INFORMATION. FITNESS-SINGLES.COM DOES NOT SCREEN ITS MEMBERS, NOR DOES IT CONDUCT ANY FORM OF BACKGROUND CHECK TO CONFIRM THE IDENTITY, CRIMINAL HISTORY OR REPRESENTATIONS OF ITS PAST, PRESENT OR FUTURE MEMBERS. YOU AGREE THAT FITNESS-SINGLES.COM SHALL IN NO WAY BE LIABLE FOR YOUR CONDUCT, OR THE CONDUCT OF OTHERS WHOM YOU MAY MEET THROUGH OUR SERVICE, NOR SHALL WE BE LIABLE FOR ANY DAMAGES, DIRECT OR CONSEQUENTIAL, WHICH RESULT FROM CONTACT INITIATED, IN WHOLE OR IN PART, FROM OUR SERVICE, INCLUDING BODILY INJURY, EMOTIONAL DISTRESS OR FINANCIAL LOSS. YOU ARE STRONGLY ENCOURAGED TO REVIEW OUR SAFETY TIPS, A LINK TO WHICH CAN BE FOUND AT THE BOTTOM OF EACH PAGE ON OUR WEBSITE.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

e-Unity Corporation does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant e-Unity Corporation the following world-wide, royalty free and non-exclusive license(s), as applicable:

  • With respect to Content you submit or make available for inclusion on publicly accessible areas of e-Unity Corporation Clubs and e-Unity Corporation Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific e-Unity Corporation Club or e-Unity Corporation Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or e-Unity Corporation removes such Content from the Service.
  • With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than e-Unity Corporation Clubs or e-Unity Corporation Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or e-Unity Corporation removes such Content from the Service.
  • With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than e-Unity Corporation Clubs or e-Unity Corporation Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Service are those areas of the e-Unity Corporation network of properties that are intended by e-Unity Corporation to be available to the general public. By way of example, publicly accessible areas of the Service would include e-Unity Corporation Message Boards and portions of e-Unity Corporation Clubs and e-Unity Corporation Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of e-Unity Corporation Clubs and e-Unity Corporation Groups that are limited to members, e-Unity Corporation services intended for private communication such as e-Unity Corporation Mail or e-Unity Corporation Messenger, or areas off of the e-Unity Corporation network of properties such as portions of World Wide Web sites that are accessible through e-Unity Corporation but are not hosted or served by e-Unity Corporation.

9. INDEMNITY

You agree to indemnify and hold e-Unity Corporation, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that e-Unity Corporation may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on e-Unity Corporation's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that e-Unity Corporation has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that e-Unity Corporation reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that e-Unity Corporation reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE

e-Unity Corporation 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 e-Unity Corporation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION

You agree that e-Unity Corporation, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if e-Unity Corporation believes that you have violated or acted inconsistently with the letter or spirit of the TOS. e-Unity Corporation may also in 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 Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that e-Unity Corporation may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that e-Unity Corporation shall not be liable to you or any third-party for any termination of your access to the Service.

You may terminate your membership at any time, for any reason, effective upon receipt by us of your written or email notice of termination. You may contact us at CustomerSupport@FitnessSingles.com.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that e-Unity Corporation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because e-Unity Corporation has no control over such sites and resources, you acknowledge and agree that e-Unity Corporation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that e-Unity Corporation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. e-Unity CORPORATION'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by e-Unity Corporation or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
e-Unity Corporation grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by e-Unity Corporation for use in accessing the Service.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. e-Unity CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • e-Unity CORPORATION MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM e-Unity CORPORATION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT e-Unity CORPORATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF e-Unity CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is appropriate. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. e-Unity Corporation and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

21. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

22. GENERAL INFORMATION

The TOS constitute the entire agreement between you and e-Unity Corporation and govern your use of the Service, superceding any prior agreements between you and e-Unity Corporation. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and e-Unity Corporation shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and e-Unity Corporation agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Loudoun, Virginia. The failure of e-Unity Corporation to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Unless otherwise explicitly stated, the TOS will survive termination of your membership to the service. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

23. VIOLATIONS

Please report any violations of the TOS to our Customer Care group.

24. U.S. EXPORT CONTROLS

Software from this website is further subject to United States export controls. No software may be downloaded from the website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department¹s list of Specially Designated Nationals or the U.S. Commerce Department¹s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

25. ENTIRE AGREEMENT

This Agreement is accepted by you upon your use of the web site and further affirmed by you becoming a member of the service. This Agreement, combined with the privacy policy at www.fitnesssingles.com and the Guidelines at www.fitnesssingles.com constitute the entire agreement between you and e-Unity Corporation regarding the use of the web site and/or the service.

Please contact us at CustomerSupport@FitnessSingles.com with any questions regarding this agreement.