Legal | Diet and Exercise | Real Life Fitness | PhitZone

Privacy Policy

Phitzone.com (”PhitZone”) recognizes that its visitors, members, users, and others who use the website at www.Phitzone.com (the “PhitZone website”), (collectively or individually you, your, “Users”) value their privacy. This Privacy Notice provides important information about the use and disclosure of User information collected on the PhitZone website. PhitZone provides this Privacy Notice to help you understand what information PhitZone collects and how that information will be used.

This Privacy Notice is incorporated into and is subject to the PhitZone Terms of Use. Your use of the PhitZone website and any personal information you provide on the PhitZone website remains subject to the terms of this Privacy Notice and our Terms of Use.

By participating, using or viewing the PhitZone website or any content thereof, you are accepting the practices described in our Privacy Policy. If you do not agree to any of these terms, then please do not use the PhitZone website or its Content. We reserve the right to modify or amend the terms of our Privacy Policy at any time without prior notice. Your continued use of the PhitZone website following the posting of changes to these terms means that you accept those changes. If you have any questions or comments about the PhitZone privacy policy, please contact us.

The Information Collected by PhitZone

Information Provided by You: You provide personally identifiable information (such as your name and email address) to PhitZone when you become a member of the PhitZone community and other information by choosing to participate in various activities on the PhitZone website (such as creating polls, posting comments or messages, participating in discussions, etc.).

Cookies: Use of “Cookies” is standard in the Internet industry. Cookies are small text files containing a string of alphanumeric characters that are sent to your computer and uniquely identifies your browser. Cookies make web surfing easier by saving passwords, and preferences while you’re at a website. When you visit the PhitZone website, we may send one or more cookies to your computer. Some cookies are temporary and will disappear after you close your browser, but others will stay on your computer. If you wish to remove cookies from your hard drive, follow your web browser’s help file directions. You can also reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the PhitZone website may not function properly if the ability to accept cookies is disabled.

Traffic Data: When you use the PhitZone website, our servers automatically log certain information that your web browser sends whenever you visit any website. This information may include information such as your Internet Protocol (”IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Tracking Usage Patterns: PhitZone tracks usage patterns and collects other non-personally-identifiable information about use of the PhitZone website. We may employ various tracking technology including “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users (in a way that does not collect or disclose personally-identifiable information), and clear GIFs in HTML-based emails sent to you to track which emails are opened by recipients.

The Way PhitZone Uses Information

Personally identifiable information that you submit to us through the PhitZone website, will be used by PhitZone to provide to you the features and functionality of the PhitZone website and to operate and maintain the PhitZone website.

Any personal information, text or other content that you voluntarily provide in the course of your use of the PhitZone website, including but not limited to, information in your Member Profile, by participating in polls, discussions, comments and communities, is publicly available and can be collected and used by others. Your User Name (but not your email address) is displayed to other Users in connection with the polls you create and messages you post in discussions. Any information that you post on the PhitZone website may be redistributed through the internet and may be viewed by the general public. We will not sell or otherwise distribute your personally identifiable information to third parties. However, PhitZone may use your email address or other personally identifiable information to send commercial and marketing messages, and market research related surveys and other offers to you. You have an opportunity to opt-in or opt-out of any such programs by sending an e-mail to info@PhitZone.com with the term “BLOCK” (in all caps) in the subject line. We will also use your email address for non-marketing or administrative purposes (such as notifying you of major PhitZone website changes or for customer service purposes).

We will also use both your personally identifiable information and certain non-personally-identifiable information (such as usage data, server log information, cookies, IP addresses, browser type, other technical data, etc.) to improve the quality and design of the PhitZone website and to create new features, functionality, and services by storing, tracking, and analyzing User preferences and trends.

We use cookies, “clear GIFs”, and log file information to: (a) to assist with your use of the website by “remembering” information so that you will not have to re-enter it during subsequent visits to the PhitZone website; (b) provide customized, personalized content and information for you; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics (such as total number of visitors, pages viewed, etc.); and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

When PhitZone Discloses Information

We will not share your personally identifiable information (such as name or email address) with third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

We may share non-personally identifiable information (such as traffic information and usage tracking information) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the PhitZone website.

We may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons in connection with the limited purpose of outsourcing of technical functions. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

We reserve the right to release personally identifiable information and/or non-personally identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.

PhitZone also reserves the right to disclose personally identifiable information and/or non-personally identifiable information that PhitZone believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions to avoid liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our website, and to protect the rights, property, or personal safety of PhitZone, our Users or others.

Your Options

You may decline to submit personally identifiable information through the PhitZone website, but if you do, certain aspects of the PhitZone experience will not be available to you. You may update or correct your personal profile information and email preferences at any time by visiting the Controls section on the My Dashboard page. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access, or making corrections, to your profile. It is your responsible to maintain the secrecy of your unique password and account information at all times.

Advertising Policy, Third-party Advertisers, Links to Other Sites

PhitZone allows other companies, called third-party ad servers or ad networks, to serve advertisements within the PhitZone website. These advertisements fund the PhitZone site and it’s operation. It is important to note that they have no influence over the content of PhitZone and that we have placed descriptive text near all advertisements, clearly labeled with the words “Advertisement” or “Ads By.”

These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the PhitZone website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies or other tracking technologies) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

PhitZone does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if you respond to any advertisements, the advertiser or ad-server may collect certain information about you.

You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. PhitZone’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or websites.

Data Security

PhitZone uses commercially reasonable safeguards (physical, managerial, and technical) to preserve the integrity and security of your personal information. However, we cannot ensure or warrant the security of any information you transmit to PhitZone and you transmit any such information at your own risk. Once we receive your transmission of information, PhitZone makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If PhitZone learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.

Childrens’ Privacy

Protecting the privacy of young children is especially important. For that reason, PhitZone does not knowingly collect or maintain personally identifiable information or non-personally identifiable information on the PhitZone website from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the PhitZone website at any time or in any manner. If PhitZone learns that personally identifiable information of persons under 13 years of age has been collected on the PhitZone website without verified parental consent, then PhitZone will take the appropriate steps to delete this information.

International Users

The PhitZone website is hosted in the United States and is intended for and directed to Users in the United States. If you are a User accessing the PhitZone website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the PhitZone website, which are governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

Changes to this Privacy Notice

This Privacy Notice may be revised from time to time and this will be reflected by the “effective date” below. Please revisit this page to stay aware of any changes. In general, we use your personal information only in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the PhitZone website constitutes your agreement to this Privacy Notice and any future revisions.

Date Last Modified: December 28, 2009.

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Terms of Use

1. Terms of Use

These Terms of Use are the legally binding terms of your use of the Website and may be modified by us at any time without prior notice. All such modifications will be effective upon posting on the Website, and any use by you of the Website after the posting of any such modification will constitute your agreement to that modification. The terms of our Privacy Policy, and any notices regarding the Website sent to you or posted on the Website, are incorporated into and made part of this agreement with us. It is therefore important that you review the Terms of Use regularly to ensure you are updated as to any changes.

The PhitZone website may contain links to third-party websites that are not owned or controlled by PhitZone. PhitZone has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. In addition, PhitZone will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly release PhitZone from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the PhitZone website and to read the terms and conditions and privacy policy of each other website that you visit.

2. Grant of Rights and Limitations – Use of the PhitZone Website

PhitZone provides the Website to its Users, and your use of the Website is authorized only as provided by these Terms of Use. PhitZone reserves all rights in and to the Website not expressly granted by these Terms of Use.

PhitZone hereby grants you permission to use the Website provided: (i) you not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (ii) you otherwise comply with the terms and conditions of these Terms of Use.

PhitZone further grants you permission to post Content on other websites provided you comply with the following provisions:

(a) You may post Content on other websites for non-commercial purposes (i.e., where you have no intent to obtain direct commercial gain from the use of the Content), provided you use the PhitZone name and logo in connection with the display of the Content and comply with all of the PhitZone Trademark Usage Guidelines as seen on the PhitZone website.

(b) You may post Content on other websites for commercial purposes (i.e. where you have the intent to obtain direct or indirect commercial gain from the use of the Content), provided you (i) use the PhitZone name and logo in connection with the display of such news and comply with all of the PhitZone Trademark Usage Guidelines as shown on the PhitZone website and (ii) register your use of the PhitZone Content within 5 business days of its first use by e-mailing to contact us the following information: the URL where the Content is posted; your contact information, including contact name, company name, address, e-mail address, phone number and intent on such posting of PhitZone Content.

Commercial purposes include, for example:

* Posting on a blog where the blog is managed like a business and relies on ad revenue for its income. If the blogger would like to use PhitZone Content or Widgets as part of their existing content, then no problem; just tell PhitZone about it.

* Posting of PhitZone Content for the sole purpose of using the Content for commercial purposes (whether for market research, selling the data or other intent of profit from the Content).

PhitZone, in its sole discretion, reserves the right to determine whether the use of Content is for commercial or non-commercial purposes. Furthermore, PhitZone may revoke its permission to you to use the Website or post Content on other websites at any time, for any reason and in its sole discretion.

Illegal and/or unauthorized use of the PhitZone website, including collecting user names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PhitZone website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation in Member profiles may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the PhitZone website.

The PhitZone website contains User Content, PhitZone Content and content of PhitZone licensors. Except for the content posted by you or as otherwise authorized by these Terms of Use, content appearing on or through the PhitZone website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the PhitZone servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, PhitZone grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. PhitZone reserves the right to revoke rights granted herein either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Member profiles or User Content.

3. User Content

PhitZone does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you post to the PhitZone website. After posting your User Content to the PhitZone website, you continue to retain all ownership rights in such User Content, and you may use such User Content in any way you choose. However, by displaying or publishing (”posting”) any such User Content on or through the PhitZone website or PhitZone widget, you hereby grant to PhitZone a non-exclusive (meaning you are free to license your User Content to anyone else in addition to PhitZone), fully-paid and royalty-free (meaning that PhitZone is not required to pay you for the use of the User Content that you post), with a right to sublicense (so that PhitZone is able to allow this information to be posted on third-party websites), worldwide (because the Internet and the PhitZone Services are global in reach) and irrevocable (because once the Content is incorporated into the community knowledge base, it cannot be easily removed) license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content for any purpose whatsoever. Without this license, PhitZone would be unable to provide the PhitZone experience.

You represent and warrant that: (i) you own the User Content posted by you on or through the PhitZone website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the PhitZone website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the PhitZone website.

You are solely responsible for the User Content that you post on or through the PhitZone website, any material or information that you transmit to other Users or Members and for your interactions with other Users or Members, and the consequences of posting or publishing such User Content. PhitZone does not endorse and has no control over the User Content. PhitZone does not guarantee any confidentiality with respect to any User Content. User Content is not necessarily reviewed by PhitZone prior to posting and does not necessarily reflect the opinions or policies of PhitZone. PhitZone makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users or Members. PhitZone does not endorse any User Content or any opinion, recommendation or advice expressed therein, and PhitZone   expressly disclaims any and all liability in connection with User Content.

In connection with User Content, you further agree that you will not:

(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PhitZone all of the license rights granted herein;

(ii) publish falsehoods or misrepresentations that could damage PhitZone or any third party;

(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iv) post advertisements or solicitations of business;

(v) impersonate another person. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

If you download or print a copy of any portion of the Website, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the PhitZone website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PhitZone website or the Content therein.

PhitZone reserves the right to remove User Content without prior notice and in its sole discretion. PhitZone may delete User Content at any time for any purpose including but not limited to violations of these Terms of Use or for being offensive, acting illegally, or violating the rights of or harming or threatening the safety of any person. PhitZone assumes no responsibility for monitoring the PhitZone website for inappropriate Content or conduct. If at any time PhitZone chooses, in its sole discretion, to monitor the PhitZone website, PhitZone nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

4. PhitZone Content

The PhitZone website contains content including without limitation, text, software, scripts, software code and tools, graphics, poll results, aggregated information, photos, sounds, music, videos, interactive features and the like (”PhitZone Content”). PhitZone Content is protected by copyright, trademark, patent, trade secret and other laws, and PhitZone owns and retains all rights in the PhitZone Content.

5. Membership, Member Profiles

In order to access some features of the Website, you will have to become a Member and set up a Member account (”Account”). You may not use another Member’s Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on or in association with your Account, and you must keep your Account password secure. You must notify PhitZone immediately of any breach of security or unauthorized use of your Account. Although PhitZone will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of PhitZone or others due to such unauthorized use. You may terminate being a Member at any time, for any reason, by going to Contact Us and submitting a message saying you would like to “terminate” being a member. PhitZone reserves the right to terminate Membership and delete or disable your Account without prior notice and in its sole discretion. You shall be bound by these Terms of Use even after Membership is terminated.

6. Copyright Policy

PhitZone does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PhitZone will remove all User Content if properly notified that such content infringes on another’s intellectual property rights.

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PhitZone’s designated Copyright Agent is available to receive notifications of claimed infringement by: email (info@phitzone.com): For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to PhitZone customer service through the Contact Us link. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

You understand that when using the PhitZone website, you will be exposed to User Content from a variety of sources, and that PhitZone is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User 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 PhitZone with respect thereto, and agree to indemnify and hold PhitZone, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. Warranty Disclaimer

THE PhitZone WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE PhitZone WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PhitZone, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PhitZone MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 WEBSITE,

(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 WEBSITE,

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

(VI) 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 PhitZone WEBSITE.

(VII) PhitZone DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PhitZone WEBSITE OR ANY HYPERLINKED WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PhitZone 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 WHEN APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL PHITZONE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 WEBSITE,

(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 WEBSITE,

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE PhitZone WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PhitZone SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by PhitZone from its facilities in the United States of America. PhitZone makes no representations that the PhitZone website is appropriate or available for use in other locations. Those who access or use the PhitZone website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for Services during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website, even if we have been advised of the possibility of such damages.

9. Indemnity

You agree to defend, indemnify and hold harmless PhitZone, its 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 PhitZone website; (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 User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the PhitZone website.

10. Ability to Accept Terms of Use

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 13, as the PhitZone website is not intended for children under 13. If you are under 13 years of age, then please do not use the PhitZone website-there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

11. Assignment

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

12. Remedies

You agree that monetary damages may be inadequate to compensate PhitZone for any breach of these Terms of Use. Accordingly, you agree that any such breach will cause irreparable injury to PhitZone and that, in addition to any other remedies that may be available at law, in equity or otherwise, PhitZone shall be entitled to obtain injunctive relief.

13. General

You agree that the PhitZone website shall be deemed solely based in Texas. If there is any dispute between you and PhitZone, you agree that the dispute, whether or not related to the Terms of Use, shall be governed by the laws of the State of Texas, and you agree to exclusive personal jurisdiction in Texas and venue in the state and federal courts of the United States located in San Antonio, Texas. These Terms of Use, together with the Privacy Notice at http://www.phitzone.com/privacy-policy/ and any other legal notices published by PhitZone on the Website, shall constitute the entire agreement between you and PhitZone concerning the PhitZone Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PhitZone’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. PhitZone reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the PhitZone website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND PHITZONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PHITZONE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Date Last Modified: December 28, 2009.