Terms of Use

Introduction

NavaFit.com (the "Website") and NavaFit mobile Apps for iOS(R) and Android(R) (the "NavaFit Apps") are owned and operated by NavaFit Inc., a New Jersey Corporation ("NavaFit"). NavaFit was created to provide consumers and fitness professionals with a platform to engage in fitness and nutrition activities. We have developed these Terms of Use to govern your use of NavaFit.com.

Your Acceptance of Terms of Use

Use of the Website, Content, NavaFit Apps, associated products, data feeds and services provided to you from the Website and NavaFit Apps signifies your agreement to (1) these Terms of Use and (2) the NavaFit Privacy Policy, found at http://www.navafit.com/static/privacyPolicy.html. Please read them carefully. This Terms of Use is a binding contract between you and NavaFit, regarding your use of navafit.com and the NavaFit Apps. If you do not agree with any of these terms, please exit the Website or NavaFit Apps.

“Content” on the Website and NavaFit Apps includes the fitness classes viewed by members, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the and NavaFit Apps.

Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://www.navafit.com/terms.html. NavaFit may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Health Waiver

The Website and NavaFit Apps provide information relating to diet plans, weight loss, fitness plans, and exercise equipment, and is intended only to assist users in their personal diet and fitness efforts. NavaFit is not a medical organization and our Website, NavaFit Apps, and associated Partners, cannot give you medical advice or diagnosis. Nothing contained in this Website and NavaFit Apps should be construed as such advice or diagnosis. The information provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any diet or fitness routine, particularly if you are pregnant or have pre-existing health conditions.

Membership and Registration

Access to, and use of, the Website and certain features of the NavaFit Apps requires that you create an account on the Website. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NavaFit immediately of any breach of security or unauthorized use of your account.

Although NavaFit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NavaFit or others due to such unauthorized use.

We charge fees for using the services on our Website. All prices for services are clearly listed on our Website. We may change these prices from time to time, and will always post updated pricing on our Website. New prices are effective when posted to the Website. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Website and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and suspension/termination of your account.)

Intended Use of the Service – Permissions & Restrictions

While using the Website and NavaFit Apps, and its affiliated services and tools, you agree not to:
  • seek medical advice from any other member or user;
  • provide medical services or advice;
  • violate any laws or third party rights;
  • alter or modify any part of the Website or NavaFit Apps and its associated service;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Website and NavaFit Apps or using it for purposes unrelated to NavaFit);
  • transfer your NavaFit account (including feedback) and User ID to another party;
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm NavaFit, or the interests or property of NavaFit users;
  • copy, modify or distribute rights or content from the Website, service or tools or NavaFit's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Content, Copyrights & Trademarks

The Content on the Website and NavaFit Apps, and the trademarks, service marks and logos ("Marks") on the Website and NavaFit Apps, are owned by or licensed to NavaFit, subject to copyright and other intellectual property rights under the law. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Website and NavaFit Apps and as permitted under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed by NavaFit on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of NavaFit or the respective licensors of the Content. NavaFit and its licensors reserve all rights not expressly granted in and to the Website, NavaFit Apps and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

You understand that when using the Website, and NavaFit Apps, you will be exposed to Content from a variety of sources, and that NavaFit is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NavaFit with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless NavaFit, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website and NavaFit Apps.

Your Content & Conduct

As a NavaFit account holder you may submit and/or create Content for the Website, NavaFit Apps, and other Members. Such content may include fitness and nutrition courses that are viewable to members, as well as comments and articles posted by you. You understand that NavaFit does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to NavaFit all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to, or creating Content on, NavaFit, you hereby grant NavaFit a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and NavaFit's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website, NavaFit Apps (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website and NavaFit Apps a non-exclusive license to access your Content through the Website and NavaFit Apps, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and NavaFit Apps and under these Terms of Use. The above licenses granted by you in all Content you submit or create are perpetual and irrevocable.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant NavaFit all of the license rights granted herein.

NavaFit does not endorse any Content submitted to the Website and NavaFit Apps by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and NavaFit expressly disclaims any and all liability in connection with Content. NavaFit does not permit copyright infringing activities and infringement of intellectual property rights on the Website and NavaFit Apps, and NavaFit will remove all Content if properly notified that such Content infringes on another's intellectual property rights. NavaFit reserves the right to remove Content without prior notice.

Warrant Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE AND NAVAFIT APPS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NAVAFIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. NAVAFIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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 SERVICES. NAVAFIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN CONTENT, AND NAVAFIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall NavaFit, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Website and NavaFit Apps, and/or Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that NavaFit is not liable for any conduct of any User.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NavaFit, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and NavaFit Apps; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the Service is not intended for individuals under 18. If you are under 18 years of age, then please do not use the Website and NavaFit Apps.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NavaFit without restriction.

General

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website and NavaFit Apps; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement has been made in and shall be construed and enforced in accordance with New Jersey law. Any action to enforce this agreement shall be brought in the federal or state courts located in New Jersey. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of NavaFit to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to NavaFit.com, and all other provisions for which survival is equitable or appropriate.