Only you (and your parents or guardians, if you are under 18 years of age) may use your account credentials. You must keep your account credentials confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for such authorization. You must contact us right away if you suspect misuse of your accounts or any security breach in the service. You are responsible for all activity that takes place with your FITrax account.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any account that you administer) to anyone without first getting our written permission.
For content that is covered by intellectual property rights, like photos ("IP Content"), you specifically give us the following permission, subject to your privacy and application settings: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the Service (the "IP License"). This IP License ends when you delete your IP Content or your account unless such IP Content has been shared with others, and they have not deleted it.
When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
If you share content on the Service in a way that infringes on the rights of other individuals, including their privacy rights, you are breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this Section 3 and the use of the content does not violate any law. We may remove your content from the Service at any time if you breach this contract or for other reasons in our sole discretion.
If your FITrax account is canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after your FITrax account is canceled. Data that is deleted may be irretrievable.
The Service operates for the benefit of FITrax and its customers. We retain the right to block or otherwise prevent delivery of any type of email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the Service.
Unless you and FITrax agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. If the claim or controversy is for $10,000 or less, FITrax agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.
We or our suppliers own all rights, title and interest in certain copyrights, trademarks and other intellectual property rights in connection with the Service and content. All rights are reserved. The names of actual companies and products may be the trademarks of their respective owners. From time to time, we may use fictitious names, companies, organizations, products, domain names, e-mail addresses, logos, people, places and events for illustrative purposes only. In such cases, no association with any real FITrax account holder, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted in this contract are reserved.