v1.00 | 11/06/2019
This policy sets out the general terms (the “General Terms”) between you and us under which you may access our Website and use our Services.
While we use reasonable efforts to ensure that this Website is generally available and up to date we make no representation or guarantees as to such availability. We aim to update our Website regularly but any material may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to withdraw access to all or any part of this Website for periods of time in order to modify the content, for scheduled or unscheduled maintenance and for other purposes, without notice to you. Since you will receive this Website via third party telecommunications networks, you acknowledge that we cannot guarantee that the availability of this Website will be uninterrupted or error free. Similarly we cannot guarantee that the transmission of any information over such telecommunications networks will be secure nor that you will be able to access this Website at all times.
You may be required to register in order to access certain features of the Website. If so, you will choose or be assigned a user name and a password through the Website’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Ziffit cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
By registering for an account on the Website, you assert that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, address, state or country of residence, email, social media addresses, and/or telephone number when registering on the Website. By registering with the Website, you consent to receive periodic communication from Ziffit and its affiliates, employees, agents, representatives and any third party service provider of Ziffit regarding your inquiry and/or obtaining the Services.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence or felony under applicable laws.
We may report any breaching activities by you to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.
You may not use the contents of the Website in any manner or for any purpose that would constitute infringement of Ziffit’ s, its licensors’, or the Website’s other user’s intellectual property rights. Ziffit provides content and information on the Website (“Site Content”) and grants you a limited license to make a copy and use Website Content solely for your personal or internal business purposes. Except as otherwise provided herein, you may not copy, distribute or publicly display Website Content for any other purpose or in any other public forum without the written consent of Ziffit or the respective owner, including public forums such as other websites, web services, or print publications. Ziffit or its licensors own all trademarks and service marks appearing on the Website. The unauthorized use or misuse of these trademarks and service marks is prohibited.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest a form of association, approval or endorsement on our part where none exists. You agree to immediately take down any link to our Website to which we object to in our sole discretion.
From time to time this Website may also include links to other websites. These links are provided for your convenience to process your order or payment and to provide information. They do not signify that we endorse the website(s). We have no control or responsibility for the content of the linked website(s).
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE WEBSITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, ZIFFIT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, ZIFFIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, CONTENT, OR OTHER POSTED MATERIAL ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE WEBSITE, ZIFFIT DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. ZIFFIT IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE WEBSITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.
THE LIABILITY OF ZIFFIT AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS, THE CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE FIFTY DOLLARS ($50).
IN NO EVENT WILL ZIFFIT BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF ZIFFIT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Policy may be amended from time to time by us in our sole discretion, and you should therefore review this page periodically.
Ziffit respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ziffit’s copyright agent with the following information.
Ziffit’s agent for notice of claims of copyright infringement on the website can be reached as follows:
Events outside our control: We and you will not be liable for any failure or delay in performing our or your obligations under these Transaction Terms to the extent that such failure or delay is caused by an event outside of our or your reasonable control which includes (but is not limited to) breakdown of plant or machinery, collapse of building structures, fires, floods, terrorist acts, riots, strikes, epidemics, natural disasters, storms, earthquakes, or failure of telecoms or transport networks. If an event outside our control takes place that affects your order, we will inform you on our website, app or by emailing you.
Assignment and transfer: We may transfer or subcontract our rights and obligations under these terms to another organization. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Third party rights: A person who is not a party to these terms shall not have any rights under or in connection with it.
Our notices: All notices from us to you will be displayed on our website, or app, or emailed to you from time to time.
Complaints and alternative dispute resolution.
We hope you are satisfied with the Services, but if you wish to raise any complaint, please contact us, and we will take commercially reasonable efforts to resolve your issue promptly.
Customer Service Team
Ziffit’s customer service team may be reached at Ziffit.com,
10600 Toebben Drive,
Independence, KY 41051.
Or through email using our contact us form.