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Introduction

Forrestal Village Fitness and this website are managed and operated by MediFit Community Services LLC (“MediFit”). FVFitness maintains this website (fvfitness.wpengine.com) as a service to its current and prospective customers. By accessing and/or using this website you are expressly agreeing to comply with and be bound by the following Terms of Use and the Privacy Statement as it currently appears on this website including all future revisions, as well as all applicable laws and regulations.

If you do not agree with these current Terms of Use, you are not authorized to continue your use of fvfitness.wpengine.com and may not have access to certain privileges or benefits that may be offered through this website. FVFitness may revise and update these Terms of Use and the FVFitness Privacy Policy at any time, with or without prior notice. Please periodically review them, because your continued usage of this website indicates your acceptance of any such changes in the FVFitness Terms of Use and FVFitness Privacy Policy.

 

Copyright and Trademark

Ownership. All content included within this website such as text, graphics, logos, button icons, images, audio and visual clips and software, is the property of FVFitness or its content suppliers and is protected by state, U.S. and international copyright and/or trademark laws. “MediFit”, and “Forrestal Village Fitness” are trademarks of MediFit Corporate Services, Inc. The compilation (meaning the collection, arrangement and assembly) of all content within this website is the exclusive property of FVFitness and MediFit and protected by state, U.S. and international copyright laws. All software used within this website the property of MediFit, FVFitness or their respective software suppliers and is protected by state, U.S. and international copyright laws.

Permitted Use. Content and software on fvfitness.wpengine.com may be used as an information resource. In addition, FVFitness hereby authorizes you to view, copy, download, and print the information provided for personal, non-commercial use only. Such use is subject to the following conditions: (i) content may be used only for personal non-commercial, informational purposes and may not be further posted or distributed electronically, online or in print, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by FVFitness in writing, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links or other services designed to republish content on the Internet) the material on fvfitness.wpengine.com or other FVFitness web applications or services. Furthermore, you may not copy, reproduce or distribute the design or layout of fvfitness.wpengine.com, the logos or trademarks belonging to FVFitness or MediFit, or other design elements or software. ANY USE OF WWW.FVFITNESS.COM CONTENT NOT DESCRIBED AS AUTHORIZED HEREIN IS STRICTLY PROHIBITED.

 

User Submissions and Content

FVFitness may now, or in the future, may provide functionality in which users may post or submit communications to FVFitness Staff, MediFit, and/or other users, including but not limited to ratings and comments that may be republished or visible to other users of this website, or the general public. You alone are responsible for the content and consequences of any such posted communications. In consideration of being allowed to use fvfitness.wpengine.com, you agree:

  1. not to use any functionality or methodology by which to send or post any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable or inappropriate material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled or illegal substances;
  2. not to post or send spam or commercial messages;
  3. not to impersonate any other person or entity, whether actual or fictitious;
  4. not to post or use fvfitness.wpengine.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, photographs, graphics, video, programs or audio.

Such actions shall constitute a material breach of these Terms of Use. FVFitness and MediFit reserve the right to delete from fvfitness.wpengine.com or our social media presence (such as but not limited to the official Forrestal Village Fitness Facebook page), any submission or content that violates the above terms and will cooperate fully with law enforcement officials and/or agencies in the investigation of any violator or violators of the law.

 

Links to Third Party Services

As a convenience to our website visitors, we may provide links to third-party web sites or the ability to post to certain social media platforms and websites that are not owned by FVFitness or MediFit. The linked sites and services are not under our control, and we make no representations as to the quality, suitability, functionality, privacy practices or legality of any sites to which we may provide links. You hereby waive any claim you might have against MediFit and FVFitness with respect to such sites. MediFit and FVFitness strongly encourage you to carefully read the terms of use and privacy practices of such sites before using them.

 

Promotional Communications

By submitting or otherwise providing your contact information via fvfitness.wpengine.com or our social media presence, you authorize MediFit and FVFitness to contact you from time to time as indicated within our then current Privacy Policy with information, promotions and communications that we feel may be of interest to you. FVFitness may use a service called Constant Contact to send out such communications. Should you not want to receive such communications via Constant Contact or FVFitness or MediFit in the future, please use the unsubscribe link in the email you received from FVFitness or MediFit; or, contact a member of the onsite Forrestal Village Fitness Staff in person or in writing from the email address that you want removed from our contact list(s) so that we may promptly assist you.

From time to time, FVFitness and MediFit may include offers by third parties in which you may have an interest. MediFit makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither FVFitness, MediFit nor such third party shall have any liability with respect thereto.

Providing Information via fvfitness.wpengine.com

When submitting any information via fvfitness.wpengine.com, you are required to provide accurate and truthful information about yourself. FVFitness nor MediFit are responsible for errant or incomplete information, information that is corrupted or lost or intercepted during transmission. Please DO NOT send any sensitive information about yourself such as your billing or credit card information via email or the contact form(s) on this website. Please call or visit Forrestal Village Fitness in person to update such sensitive information.

 

Membership Add, Change, Termination

At this time, you are not able to add, change or terminate your Forrestal Village Fitness Membership through this website. Please contact a Forrestal Village Fitness Staff Member to help you with your Membership and Fitness / Wellness needs.

All matters concerning the services and products desired or obtained from FVFitness or listed on fvfitness.wpengine.com, including but not limited to: purchase terms, contract terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between “You” and FVFitness and are not valid until a contract is established between you and FVFitness.

 

Indemnification

You agree to indemnify and hold harmless FVFitness, MediFit and its subsidiaries, and their respective officers, employees, agents, contractors, and Sponsors/Clients; and, other Participants (including current and former FVFitness Members), and all third parties that might be used to support or provided services within this website from any and all claims, suits, losses or related causes of action or demand, including reasonable attorneys’ fees, made by any third party, due, to or arising out of your use of (or inability to use) or refusal to use this website or service and any violation of these Terms and Conditions by you.

 

Termination

FVFitness and MediFit reserve the right, at their sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Use; (ii) this website; and (iii) your ability to access fvfitness.wpengine.com or our social media presence upon any breach by you of the Terms of Use or upon your demonstration of conduct that FVFitness or MediFit determines to be inappropriate.

 

Security & Privacy Concerns

You are not authorized to intentionally attempt to discover or conduct any scans, vulnerability testing or penetration tests of fvfitness.wpengine.com, its supporting network architecture, or any of Forrestal Village Fitness’ web applications or information systems without the expressed written permission of FVFitness and MediFit’s Information Security Officer. Should you become aware of a security concern or vulnerability, please provide your contact information to MediFit’s Information Security Officer at privacy [at] MediFit [dot] com or contact the management at FVFitness. Providing such notification to FVFitness or MediFit does not authorize you to attempt to test, exploit or confirm any such security issue or vulnerability.

The Privacy Policy for this website is located at fvfitness.wpengine.com/privacy-policy. Should you have a privacy concern regarding this website, please contact the management at Forrestal Village Fitness or MediFit’s Privacy Officer at privacy [at] FVFitness [dot] com.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF WWW.FVFITNESS.COM IS AT YOUR SOLE RISK. WWW.FVFITNESS.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FVFITNESS AND MEDIFIT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

MEDIFIT MAKES NO WARRANTY THAT ACCESS TO WWW.FVFITNESS.COM WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. MEDIFIT DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH WWW.FVFITNESS.COM. FVFITNESS NOR MEDIFIT IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, NOR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WWW.FVFITNESS.COM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER OR MOBILE SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

THE INFORMATION ON WWW.FVFITNESS.COM IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FVFITNESS, MEDIFIT NOR ITS MEMBERS ARE ENGAGED IN RENDERING LEGAL OR MEDICAL SERVICES OR ADVICE. MEDIFIT ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON OR LINKED TO FROM WWW.FVFITNESS.COM MAY NOT BE APPROPRIATE FOR YOUR CURRENT LEVEL OF FITNESS AND MAY BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES OR EXERCISES DESCRIBED ON OR LINKED TO FROM WWW.FVFITNESS.COM AND WHILE PERFORMING SUCH ACTIVITIES OR EXERCISES, YOU DO SO AT YOUR OWN RISK.

 

Limitation of Liability

FVFITNESS AND MEDIFIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE WWW.FVFITNESS.COM OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF YOUR USE OF THE WWW.FVFITNESS.COM OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BECAUSE OF YOUR USE OF WWW.FVFITNESS.COM; (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FVFITNESS OR MEDIFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Miscellaneous

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. FVFitness or MediFit may assign its rights and obligations under these Terms of Use and upon such assignment FVFitness or MediFit may be relieved of any further obligation hereunder.

You represent to FVFitness and MediFit that you have the authority to use this website in accordance with these Terms of Use.