This Website located at ecaworldfitness.com (the “Website”) is operated by a privately owned company named Emerging Fitness.
2. Effective Date.
3. No waiver of rights
Please, be aware that if you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we have or may have (such as taking action in the future).
4. Website Content
4.1. This Website is provided for informational purposes only. It does not contain professional medical advice and should not be relied upon for diagnosis or treatment of a health condition. Moreover, We or Our Website do not give you any advice whatsoever. Always seek the advice of your physician or other qualified healthcare providers if you have any questions regarding the information on the Website and/or before taking any supplements or adopting a new health care regimen.
5. Intellectual Property Issues
5.1. “Intellectual Property Rights” here means any and all now-known or hereafter-known tangible and intangible, available under the pertinent jurisdiction (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights, and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secret rights and other informational rights including but not limited to know-how rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) (including logos, “rental” rights, and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions, or reissues hereof now or hereafter in force (including any rights in any of the foregoing).
5.2. The Website and content provided on the Website by EF, including, without limitation, design, graphics, pictures, video, information, software, and other files (the “Content”), are the Intellectual Property of EF and/or authorized by EF to be reproduced and located at this Website. All Intellectual Property Rights not otherwise claimed under the Terms.
5.3. You acknowledge that your posts and any other information or content you submit to Us will not be treated as confidential or privileged and will not violate any Intellectual Property Rights. By submitting Posts or other content, you automatically grant us a worldwide sublicensable royalty-free and unrestricted right and license to use the Posts and content on the Website and for all purposes throughout the entire duration of protection of this Intellectual Property and/or information.
5.4. The ecaworldfitness.com logo is a trademark o and may be registered in certain jurisdictions.
5.5. You agree not to do anything that might impair or infringe any Intellectual Property Rights that belong to us.
5.6. You may download one copy of the Website on a single computer for your personal, non-commercial use only, provided you maintain all copyright and other proprietary notices.
6. Use of this Website
6.1. You understand and agree that temporary interruptions of the services available through this Website may occur as normal events, although we will work hard to prevent it from happening. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this Website, and therefore, delays and disruptions of other network transmissions are completely beyond our control.
6.3. You understand and agree that the services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
6.4. You agree to use the Website in compliance with all applicable laws and regulations, including, without limitation, export/import rules, sanction restrictions, and in a manner that does not negatively reflect on the goodwill of the company or negatively influence the performance, availability, or accessibility of the Website.
6.5. You must not:
- use this Website or its contents for any unauthorized purpose;
- violate third-party rights on this Website;
- upload, post, send, submit, publish or transmit material that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- upload, post, send, submit, publish or transmit material that you do not have the right to post, including material that infringes or violates any third-party rights;
- upload, post, send, submit, publish, or transmit material that violates any law or regulation;
- conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to our Website without our express prior written consent;
- upload, post, send, submit, publish, or transmit any unsolicited or unauthorized advertising or promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of a commercial endeavor;
- upload, post, send, submit, publish or transmit material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
- collect and store personal information of other users without their proper authorization or impersonate any person or entity without their consent or otherwise violate these Terms.
7. Account and Membership
7.1. As a general rule, we do not request or mandate Our users to register an account on the Website. However, use of certain services requires you to create an account. When creating an account on the Website, you agree to provide your true, accurate, and complete contact details and other requested information. You agree to update your contact details and information and keep your account current.
7.2. You may register for only one membership account.
7.3. Choose your username carefully because it will be tied to all of your Posts and cannot be changed. Once an account is created, it cannot be deleted.
7.4. You are responsible for all Posts made under your account and activity conducted using your account. If you lose your password or believe that there is unauthorized use of your account, you must notify us in writing immediately.
7.5. You agree not to impersonate any person or entity when submitting Posts. You agree not to forge or manipulate electronic identifiers or otherwise disguise the origin of Posts.
7.6. You are responsible for the security of your account on the Website and your password. You are solely responsible for any actions (and their consequences) in and with services through your account.
7.8. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.
7.9. You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
8.1. You agree that you will not create any Post that:
- does not generally relate to the Website’s subject matter;
- does not use proper spelling, grammar or punctuation;
- is defamatory, disparaging, libellous, confidential or invasive of one’s privacy;
- is fraudulent, misleading, deceptive or is likely to mislead or deceive;
- is derogatory, disrespectful, harassing, abusive, threatening or intended to attack another person, entity, or group;
- infringes on copyright, trademark, patent, or other intellectual property rights;
- is vulgar, profane, sexually explicit, contains cursing, or is otherwise obscene;
- is advertising, junk mail, or spam;
- transmits viruses, corrupted files or other harmful files; or
- violates any applicable local, state, or federal law.
8.2. You agree to submit your Post in the proper portion of the Website. For example, you may not post questions in the reviews section, start threads in the wrong forums, or post general questions under specific products. If you start a thread, it must have a specific subject and not be the same as an already existing thread.
8.3. You may only create a Post that is a review if you have personally used and finished the product and your review is based on your personal experience. You may only create a Post that is a reply if you are requesting further details or clarification on a specific review, agreeing, or disagreeing with a review, and/or warning others of a potentially biased review. You may only create a Post that is a question if that question has not been asked several times already.
8.4. If you are representing or otherwise affiliated with a company, you agree to (a) make it clear in your signature that you are a company representative, (b) not mention or promote your company’s products anywhere on the Website or the Facebook page other than your brand-specific board, (c) not submit a Post that reviews your company’s products, and (d) limit announcements in your brand-specific board to 2 per week.
8.6. The Website contains reviews, replies, questions, answers, threads, and other content that is submitted to, through, or on the Website (“Post(s)”) by individuals that are not affiliated with company.
9. No Warranties from our side
9.1. Any access and use of the Website is at your own risk. We will not be liable to you if the Website, service, and Contents are inaccessible or unavailable in whole or in part for any reason beyond our reasonable control or when we carry out maintenance, upgrades, developments, or the like.
9.2. We do not make any representations or warranties regarding any products, dietary supplements, or health care regimens and make no health claims regarding the same. Your use of any products, supplements, or regimens mentioned on the Website are at your own risk, and we do not assume any responsibility for, and shall not be liable for any issues that you may experience as a result.
9.3. We strive to provide a Website that is useful and accurate. However, we do not make any representations or warranties that the Website will be uninterrupted or free from all bugs, errors or omissions. Your access and use of the Website is at your own risk, and we do not assume any responsibility for, and shall not be liable for any damage to or viruses that may affect, your computer equipment or other property due to your access and use of the Website or downloading of any material from the Website.
9.4. All materials and services on this website are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that: (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the Website, from us, or from our affiliates will meet your expectations or be free from mistakes, errors, or defects.
9.5. This Website could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services at this website, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this Website may be out of date, and we make no commitment to update such materials or services.
9.6. The use of the services or the downloading or other acquisition of any materials through this website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
10.1. Under no circumstances shall we are liable to any person or entity whatsoever for any direct, indirect, incidental, consequential, or punitive damages or losses.
10.2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER our company, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, POSTING ON, OR USE OF, THE WEBSITE.
10.3. Under no circumstances shall we can be held liable for any delay or failure or disruption of the Content or service delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, server errors, misdirected or redirected transmissions, electrical power failures, or other force majeure circumstances.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold ECAWORLDFITNESS.COM and its affiliates harmless from any and all claims, damages, losses, or liabilities, including reasonable attorney fees and expenses, made by any third party due to or arising out of any action, inaction, or omission by you.
12. Termination of Use
12.2. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
13. Participation in Promotions
From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
14. International Use
We are popular. This Website may be accessible worldwide. However, we make no representation that materials on this Website are appropriate or available for use in locations outside the USA or the UK. Accessing the Website from territories where the content is illegal is prohibited. Those who choose to access this Website from other locations/jurisdictions do so of their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
16. Applicable Law
This Website (excluding any linked websites) is controlled by us from our offices within the United Kingdom. It can be accessed from other countries around the world. As each of these places has laws that may differ from those in the United Kingdom, by accessing this Website, both of us agree that the statutes and laws of the United Kingdom, without regard to the conflicts of other laws and principles thereof. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the United Kingdom or appropriate courts with venue in the United Kingdom closes to the principal place of business of the company with respect to any matters.
17. Entire Agreement
18.1. Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee, or any other relations not directly stated in these Terms.
18.2. If any provision of the Terms is held to be invalid, the remaining provisions shall remain valid and be enforced.
18.3. You may not assign or transfer these Terms without prior written consent from us. We may assign or transfer these Terms, in its sole discretion, without restriction.
18.4. We may disclose the user’s contact information if requested by a government or law enforcement body, or as a result of a legal action.
18.6. Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred unless the applicable law provides otherwise.
19. Contact Us (Notices)
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by e-mail. Notices to you may be sent either to the e-mail address supplied by you for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you.