Terms & Conditions
Introduction
This document sets forth the terms and conditions ("Terms and Conditions") governing your use of the Internet web site operated by Shadow Fit, LLC. ("Shadow Fit, LLC "), located at "www.ShadowFit.com" (the "Site"), and the information and services made available on and through the Site. Please read these Terms and Conditions carefully. These Terms and Conditions will form a binding Agreement between you, the user, and Shadow Fit, LLC.
Description
(i) To provide you with (a) a personal, non-transferable and non-exclusive account enabling you to access and use the Service and (b) a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use ShadowFit.com in real time.
(ii) To provide you with a limited, personal, non-transferable, nonsublicensable and non-exclusive license (a) to access and use Shadow Fit, LLC proprietary health evaluation services and software and (b) to use the materials that you download in connection with the use of ShadowFit.com, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it .The Material is protected by the copyright laws of the United States and international copyright treaties.
Acceptance of Terms and Conditions
Your use of the Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Site. The use of the Site is a privilege. Please review these Terms and Conditions each time you use the Site as they are subject to change at any time by Shadow Fit, LLC without notice to you. Any changes to these Terms and Conditions will be effective immediately upon posting to the Site. Shadow Fit, LLC reserves the right to suspend your use of the Site for any reason at any time, in its sole discretion.
Intellectual Property
The text, graphics, designs, logos, button icons, images, audio clips, data compilations and information ("Content") contained on the Site are owned or controlled by Shadow Fit, LLC or its respective owners and are protected by United States and international copyright laws. You may download Content solely for your personal use for non-commercial purposes. You may not modify or further reproduce the Content for any purpose whatsoever.
All logos and trademarks displayed on the Site are registered trademarks or trademarks of Shadow Fit, LLC or are the marks, trade names, trade dress of their respective owners. Depictions of products or services on the Site are trademarks of their respective owners ("Trademarks") and are protected in the United States and internationally. No use of any Trademarks may be made without the prior written authorization of Shadow Fit, LLC or the respective owners of the Trademarks except to identify the products or services associated therewith.
Nothing contained herein shall be construed as conferring any license or right to any patents, copyright or trademark embodied in the Site. All right, title and interest in the Content and the Trademarks shall reside solely with Shadow Fit, LLC or the respective owners thereof.
Shadow Fit, LLC does not want to receive confidential or proprietary information from you through the Site and any information or material sent to Shadow Fit, LLC through the Site in respect of any products or service referenced or offered on the Site will be deemed NOT to be confidential. By sending Shadow Fit, LLC any information or material regarding our services, you grant Shadow Fit, LLC an unlimited, worldwide, irrevocable right and license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Shadow Fit, LLC is free to use any ideas, inventions, concepts, know-how or techniques that you send Shadow Fit, LLC for any purpose. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.
Representations of User
By using the Site, you hereby represent and warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights.
Limitations on Information Submitted
Any submission of information by you through the Site or to Shadow Fit, LLC, LLC is subject to the following guidelines and restrictions:
1. It may not contain URLs or links to any other Internet web sites;
2. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
3. It may not contain trade secrets (unless you own them or have the owner's permission to post them);
4. It may not contain material that infringes on the intellectual property rights of others, including but not limited to copyright, trademark, patent, or trade secret rights;
5. It may not contain information that is known by you to be untrue, false or misleading or that does not fairly or accurately depict or describe the subject matter that is the subject of the information posted by you;
6. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
7. It may not contain viruses, bots, Trojan horses or other programs or information which disrupts or interferes with the operation of the Site;
8. It may not be sent for the purpose of "flooding", "mailbombing" or "crashing" the Site;
9. You may not solicit money, investments or make any offering of securities or investments;
10. You may not submit chain letters or pyramid schemes.
Monitoring of Information
Shadow Fit, LLC, LLC does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site by you, other users of the Site, or of companies offering products or services on the Site. Notwithstanding, Shadow Fit, LLC may in its discretion review information submitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever.
Hyperlinks
From time to time, as a convenience to you, the Site may include links to third party web sites, or permit third parties to link to this Site. Links to or from a third party web site, whether provided by Shadow Fit, LLC or not, do not imply any affiliation between Shadow Fit, LLC and the site owner, or an endorsement of such third party sites. We may cancel any link at any time and will remove any link from this Site upon request from the owner of the linked site. Such requests should be emailed to info@shadowfit.com
Availability
Not all of the products and services described on this Site are available in all geographic areas of the world. You may not be eligible for all of the described products or services and we reserve the right to determine the eligibility of any user for any product or service. The pages relating to each product or service may provide additional information on the availability of each product or service and may contain additional terms governing eligibility.
Accuracy of Content
Shadow Fit, LLC will make every reasonable effort to include accurate and up to date content on the Site. Notwithstanding, Shadow Fit, LLC provides such content for informational purposes only and does not warrant or represent that descriptions of services or other content contained on the Site is complete, accurate, reliable, current or error-free.
Disclaimer
THE SITE AND THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SHADOW FIT, LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE CURRENT, TIMELY, COMPLETE, ACCURATE OR ERROR FREE. SHADOW FIT LLC HAS NOT REVIEWED ALL THE SITES THAT MAY BE LINKED TO ITS SITE AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THESE SITES. YOUR LINKS TO SUCH SITES IS AT YOUR OWN RISK. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, OR ANY OTHER WEB SITE TO WHICH THIS SITE LINKS, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL SHADOW FIT, LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SHADOW FIT, LLC HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF SUIT, ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.
YOU AGREE THAT NEITHER SHADOW FIT LCC, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF SHADOWFIT.COM, THE SERVICE, OR THE CONTENT. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SHADOW FIT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF SHADOW FIT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF SHADOWFIT.COM, THE SERVICE, OR THE CONTENT.
WAIVER, RELEASE AND LIMITATION OF LIABILITY:
YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SHADOW FIT SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY TO PERSONS OR PROPERTY CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY ANY INSTRUCTION, INFOMRATION, PRODUCT, OR IDEAS PROVIDED, SUGGESTED OR REFERENCED ON SHADOWFIT.COM, THE SERVICE, OR THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHADOWFIT.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF SHADOW FIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL SHADOWFIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF SHADOWFIT.COM ARE HEREBY EXCLUDED EVEN IF HYPERSTRIKE ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Venue
These Terms and conditions are governed by the internal substantive laws of the State of California in the United States of America, without respect to its conflict of laws principles. Jurisdiction and venue for any claims arising under from the use of the Site or these Terms and Conditions shall lie exclusively with the state and federal courts within the State of California. You hereby irrevocably consent to the jurisdiction of the state and federal courts within the State of California.
If any provision of these Terms and Conditions is 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 and Conditions, which shall remain in full force and effect. The failure of Shadow Fit, LLC to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.
Changes
The information contained in these Terms and Conditions may be changed or updated by Shadow Fit, LLC from time to time and without prior notice by posting the modified Terms and Conditions to the Site. Shadow Fit, LLC may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. It is your obligation to review these Terms and Conditions on an ongoing basis. Your continued use of the Site constitutes your agreement to these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Site.
