The following Terms and Conditions of Use apply to FitlerClub.com and any related website created and provided by the Fitler Club and its subsidiary companies available for general viewing and use. These Terms and Conditions of Use are inclusive of, but not limited to, all written and graphic or design materials, underlying HTML or other source files, discussion groups and e-mail features offered as part of any Fitler Club website, all of which are defined collectively as the “Site”.

1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE

1.a This Site contains proprietary material of Fitler Club which is protected by copyright and other laws respecting proprietary rights. The Site is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Fitler Club retains all rights in this Site and the materials herein, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use this Site or any materials herein except as expressly permitted under these Terms and Conditions.

1.b Fitler Club may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. Fitler Club may also impose limits on certain features and services or restrict access to parts or all of the Site without notice or liability.

1.c You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Site in whole or in part. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from Fitler Club.

1.d This Site and these Terms and Conditions may be changed by Fitler Club with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.

2. LINKING

You may provide hot links to this Site and/or publicly available portions of the Site, not protected by password or other control measures, provided (a) you notify Fitler Club of such a link by sending an e-mail to admin@fitlerclub.com., (b) you do not remove or obscure, by framing or otherwise, advertisements, copyright notices, or other notices on this Site, and (c) you discontinue providing hot links to this Site if notified by Fitler Club.

3. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES

This Site may contain references or cross references to Fitler Club products and services that are not available in every country.

4. DISCLAIMERS

4.a While Fitler Club attempts to include accurate information in the Site, occasional errors or omissions in content may occur. Fitler Club will make reasonable efforts to correct these errors or omissions, but can make no representation regarding the accuracy of information provided. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE SITE IS PROVIDED TO THE CUSTOMER “AS IS.” FITLER CLUB MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. FITLER CLUB DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR THE INFORMATION IT CONTAINS. FITLER CLUB DOES NOT WARRANT THAT THE SITE IS ERROR-FREE IN CONTENT. FITLER CLUB SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY CUSTOMER’S USE OF THE SITE, CUSTOMER’S RELIANCE ON THE INFORMATION CONTAINED IN THE SITE OR FITLER CLUB’S SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

4.b Fitler Club disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through hot links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.

4.c Legal and other Advice. NOTHING ON THE SITE NOR ANY PORTION THEREOF CONSTITUTES ACTUAL LEGAL, TAX, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY FITLER CLUB, ITS AFFILIATES, OR ANY CONTENT PROVIDER.

5. LIMITATION OF LIABILITY

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means Fitler Club, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Fitler Club or its affiliates.

6. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, as they apply to agreements made and performed therein.

7. ENTIRE AGREEMENT; SEVERABILITY; SURVIVAL

These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

8. INTELLECTUAL PROPERTY ISSUES

A. General Inquiries:

Please send general inquiries regarding intellectual property issues to: admin@fitlerclub.com.

B. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act):

The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: admin@fitlerclub.com..

Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Fitler Club has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers. Without limiting any other of its rights and remedies, Fitler Club may terminate access for users who are found repeatedly to provide or post protected content without the necessary rights and/or permissions.

9. IF YOU DO NOT AGREE

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.