By using the Site, you agree that you will not:
(1) create or maintain any link from another Web site to any page on the Site without our prior written permission; (2) run or display the Site or any material displayed on the Site in frames or through similar means on another Web Site without our prior written permission; (3) modify the information or materials located on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose; (4) use any robot, spider, site search application or other device to retrieve or index any portion of the Site; (5) collect any information about other users, including usernames and email addresses; (6) create or transmit to other users unsolicited electronic communications, such as spam, or otherwise interfere with the other users’ enjoyment of the Site; (7) transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site; (8) take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate the Site; (9) submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer or store illegal material; or (10) use the Site or any user content to violate any applicable local, state, federal or international law.
III. Intellectual Property.
Certain trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including FUJIFit and our Brand Family. Nothing contained on this site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, registered trademarks, trade names, service marks or logos displayed on this site without the written permission of Hatashita Enterprises or the respective owner of the intellectual property at issue.
IV. Registration and Eligibility.
When you are required to open an account to use or access this Site or any of its features or services, you will also be asked to provide a user name and password. You agree that we may store and use any registration data, including your user name and password, you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify FUJIFit immediately of any unauthorized use of your account, user name, or password (collectively, a “User ID”). FUJIFit shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by FUJIFit, its brand family, subsidiaries, entities owned, related to or controlled by FUJIFit, officers, directors, employees, consultants, staff, agents, and representatives due to someone else’s use of your account or password. FUJIFit reserves the right to refuse registration of, or cancel a User ID, in its sole discretion. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose.
VI. Medical Use
You expressly acknowledge and agree that FUJIFit and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and
suggestions of any person associated with FUJIFit or this Site are at your sole discretion and risk.
Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. FUJIFit does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by FUJIFit, FUJIFit employees or staff, others appearing on the Site at the invitation of FUJIFit, or other visitors to the Site is solely at your own risk.
VII. User Content.
VIII. Links to Third Party Websites.
This Site may link you to other sites on the Internet or otherwise include references to products, services, documents or information provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us or our Brand Family, or any warranty of any kind, either express or implied.
Disclaimer. YOUR USE OF THE SITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FUJIFit, NOR ANY COMPANY IN OUR BRAND FAMILY OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER FUJIFit, NOR ANY COMPANY IN OUR BRAND FAMILY OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FUJIFit HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUJIFit HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
XI. Entire Agreement/Governing Law/Jurisdiction.
XII. Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.