Terms and Conditions

By using the GYMGA.COM website, and any and all exercise videos and/or content contained therein, Services of FitSeven, INC., you are agreeing to be bound by the following Terms and Conditions ("Terms of Use").

TERMS OF USE

The following Terms and Conditions (the "Agreement") govern all use of GYMGA.COM (the "Service") and any and all information, text, graphics, photographs, video, or materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). The Service is owned and operated by FitSeven, INC. ("FitSeven, INC.") dba "GYMGA.COM", dba "GYMGA". The Service is offered subject to your (the "User" or "You") acceptance without modification of all of the terms and conditions contained herein. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR OTHERWISE USING ANY CONTENT (AS DEFINED BELOW) FROM THIS SERVICE. BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON, OR OTHERWISE DOWNLOADING OR ACCESSING THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "DO NOT ACCEPT" OR "DISAGREE" BUTTON TO TERMINATE THE DOWNLOAD PROCESS. FitSeven, INC. (AS DEFINED BELOW) AGREES TO LICENSE THE CONTENT TO YOU ONLY IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. FitSeven, INC. RESERVES THE RIGHT TO CHANGE OR UPDATE THIS DISCLAIMER. BY USING OR ACCESSING ANY PART OF THIS SERVICE, GYMGA.COM, AND CONTENT, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE, GYMGA.COM, AND ANY OF THE CONTENT.

The Service and Content is available only to individuals who are at least 18 years old. You represent and warrant that if You are an individual, You are (i) at least 18 years old. User also certifies that User takes full responsibility for the selection and use of the Service and Content.

FitSeven, INC. reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Service, GYMGA.COM, and Content, following the posting of any changes to this Agreement constitutes acceptance of those changes.

This Agreement is void where prohibited by law, and the right to access the SERVICE and CONTENT is revoked in such jurisdictions.

WARNING: The images, videos, text and Content on GYMGA.COM depict strenuous exercises performed by professionals. The exercises demonstrated may not be appropriate for all users. You are advised and urged to seek the advice of a physician before beginning and performing any of the Content, including but not limited to any diet or fitness routine on GYMGA.COM. The Content and information provided in GYMGA.COM is designed to supplement the advice and counsel of your personal trainer, health care provider or other health professional. As with all strenuous physical endeavors, extreme caution is recommended while performing the exercises and Content depicted on GYMGA.COM.

1. DEFINITIONS
The following terms used in this Agreement have the meanings set forth below:

a. Content
Means all materials downloadable from this web site, including, but not limited to all video fitness and exercise routines, literary works, text, pictorial and graphical works, photographs, video and audio clips, motion pictures and other audio visual works, video games, music, soundtracks, button icons, streaming data, animation, images, compilations, .AVI files, or any other software files (in object code or source code format).

2. HEALTH AND SAFETY DISCLAIMER The Content, including but not limited to the Fitness and Exercise Routines on GYMGA.COM require vigorous effort and activity. You are advised and urged to seek the advice of a physician before beginning any of the Content, including but not limited to the diet or fitness routines on GYMGA.COM. This Service, GYGMA.COM, and Content is intended for use only by healthy adult individuals. The Service, GYMGA.COM, and Content is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of exercise and/or weight loss effort or regimen, and are prohibited from using GYMGA.COM. The information and Content provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional.

This Service provides fitness and weight loss management, physical condition and information applications and Content published over the Internet and is intended only to assist users in their personal weight loss and/or exercise efforts. FitSeven, INC., GYMGA, and GYMGA.COM are not medical organizations and our staff cannot give you medical advice or diagnosis. Nothing contained in this Service, GYGMA.COM, and Content should be construed as such advice or diagnosis. The information, videos, reports and other Content generated 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 of the Content on GYMGA.COM, including and exercise and/or weight loss effort or regimen.

FitSeven, INC. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INJURY YOU SUFFER AS A RESULT OF USING THE GYMGA.COM WEBSITE AND THE CONTENT CONTAINED THEREIN. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY AGREE TO ASSUME ALL RISKS ASSOCIATED WITH AND WHICH MAY ARISE FROM YOUR USE OF THE GYMGA.COM WEBSITE AND THE CONTENT CONTAINED THEREIN.

3. HEALTH WARRANTY
By accepting this terms of service, User represents that User is in good health and has no disability, impairment, injury disease or ailment preventing him/her from engaging in active or passive exercise of which would cause increased risk or injury or adverse health consequences as a result of naive or abusive exercise.

4. ACCESS.
Subject to User's compliance with terms and conditions of this Agreement, User shall have a limited, personal, non-transferable, non-sublicensable, non-exclusive license to use the Service during the term of this Agreement solely for the purpose of using the GYMGA.COM website, GYMGA mobile services, and any other features, Content or applications offered from time to time by FitSeven, INC. in connection with GYMGA. User shall not (i) use the Service and Content on behalf of any third party or for any commercial purpose, or (ii) reverse assemble, reverse compile or reverse engineer the Service and Content, or otherwise attempt to discover any Service and Content source code or underlying proprietary information. FitSeven, INC. reserves the right to change, suspend or discontinue the Service and Content at any time for any reason.

5. RESTRICTIONS.
  1. User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service (or any Content available through or in connection with the Service). FitSeven, INC. reserves the right to bar any such activity.
  2. User shall not attempt to gain unauthorized access to any portion or feature or Content of the Service, or any other systems or networks connected to the Service or to any FitSeven, INC. server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
  3. User shall not frame or mirror any part of the Service and Content without FitSeven, INC.'s express prior written consent.
  4. User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
  5. User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or FitSeven, INC.'s systems or networks, or any systems or networks connected to the Service or to FitSeven, INC.
  6. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service and Content.
  7. User shall not use the Service to (a) post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party or (b) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service, or express or imply that FitSeven, INC. endorses any statement You make.

FitSeven, INC. reserves the right to remove or refuse to distribute any Content on the Services, whether or not such Content violates this Agreement. FitSeven, INC. reserves the right to take any action regarding the Content or Services that FitSeven, INC. believes is necessary to (a) comply with applicable laws and regulations, (b) enforce this Agreement, (c) respond to support requests, and (d) protect the rights and property of Users, FitSeven, INC., and the public.

6. CONTENT User acknowledges and agrees that User is responsible for all of the content that User posts, transmits or otherwise makes available through the Service. FitSeven, INC. does not claim ownership of any content provided through the Service by You. User hereby grants to FitSeven, INC. a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit any content provided by User through the Service in any media format whether now known or later developed. User warrants, represents and agrees that User has the right to grant to FitSeven, INC. the rights set forth in this Agreement.

You are responsible for your use of the Service, for any content You post to the Service, and for any consequences thereof. The content You submit, post, or display will be able to be viewed by other users of the Service and through third party services and websites. FitSeven, INC. does not endorse or guarantee the accuracy or reliability of any of the opinions expressed in the Content available through the Service.

Any notes, postings, ideas, suggestions, concepts, stories, photos or other material submitted through the Service, GYMGA.COM, via e-mail, on the message boards, in the chat rooms, or via any other means that we may create or provide in the future will become the sole and exclusive property of FitSeven, INC. throughout the world and we shall be entitled (without compensation to you or any third party) to use such material in perpetuity in any form and manner in any media, whether now known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us (including, without limitation, any postings on our message boards or in our chat rooms): (i) your submission is original with you and accurate, (ii) your submission does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) your submission is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on this Site or from using or accessing our message boards or chat rooms.

You agree not to (i) use this Service, the Content, or any products or services included on or available through this Service for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying this Service, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of this Service are able to type, hacking or defacing any portion of this Service, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this Service or any Content on this Service.

We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on this Service, in our sole discretion.

7. SAFETY

We do our best to keep the service, GYMGA.COM safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
 1. You will not send or otherwise post unauthorized commercial communications (such as spam) on GYMGA.COM
 2. You will not collect users' content or information, or otherwise access GYMGA.COM, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on GYMGA.COM.
 4. You will not upload viruses or other malicious code.
 5. You will not solicit login information or access an account belonging to someone else.
 6. You will not bully, intimidate, or harass any user.
 7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
 8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
 9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on GYMGA.COM without our prior written consent.
 10. You will not use GYMGA.COM to do anything unlawful, misleading, malicious, or discriminatory.
 11. You will not do anything that could disable, overburden, or impair the proper working of GYMGA.COM such as a denial of service attack.
 12. You will not facilitate or encourage any violations of the Terms of Use.

8. MOBILE

 1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
 2. In the event you change or deactivate your mobile telephone number, you will update your account information on GYMGA.COM within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
 3. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on GYMGA.COM, as well as your name and profile picture.

9. THIRD PARTIES

FitSeven, INC. works with other third party content creators, aggregators, and distributors ("Third Party Sites") to create features and functionality for the Service and for the Third Party Sites. These Third Party Sites are not under the supervision or control of FitSeven, INC.. When you provide your content through the Service, your Content may be provided to a Third Party Site and such content may then be governed by such Third Party Site's terms and conditions of use. By accepting this Agreement, User acknowledges and agrees that content that User provides through the Services may become subject to a Third Party Site's terms and conditions of use. FitSeven, INC. disclaims all liability, representations and warranties with respect to the Content and functionality of any Third Party Sites. User expressly waives all rights and remedies against FitSeven, INC. arising in connection with Third Party Sites.

10. FitSeven, INC.'s RIGHTS

All right, title and interest in and to the Service and Content contained therein (excluding Content provided by users) are and will remain the exclusive property of FitSeven, INC.. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Agreement gives you a right to use the FitSeven, INC., GYMGA.COM or GYMGA name or any other FitSeven, INC. trademarks, logos, domain names, Content, or other brand features, except as expressly permitted in writing by FitSeven, INC..

11. REGISTRATION

When User registers for the Service, User will create a username and password for your account. You may be required or offered the opportunity to supply FitSeven, INC. with registration information, including registration information for Third Party Sites you access through the Service. User shall provide accurate and complete registration information. FitSeven, INC. reserves the right to refuse registration or cancel the registration of User at any time for any reason. User shall be responsible for maintaining the confidentiality of User's password for use of the Service.

12. PRIVACY

Please review our Privacy Policy for information and notices regarding our collection and use of personal information by FitSeven, INC. and to which you acknowledge and agree to be bound as a User of the Service.

13. INDEMNIFICATION.

You agree to defend, indemnify and hold us, and our subsidiaries, partners, agents, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives ("Released Parties") harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized use of any Content. By using the Service, or any of the Content contained therein, or making any submissions to FitSeven, INC., whether or not through this Service, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services and Content obtained or used through this Service, GYGMA.COM, or to any disputes regarding use of ideas and/or related materials submitted to FitSeven, INC..

User is responsible for all of its activity in connection with the Service and Content. User shall defend, indemnify, and hold harmless FitSeven, INC. and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User's (i) use or misuse of the Service and Content; (ii) access to any part of the Service and Content, or (iii) violation of this Agreement.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN RELEVANT PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

14. WARRANTY DISCLAIMER.

THIS SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FitSeven, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE, FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SERVICE, OR INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FitSeven, INC. DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, SUCCESSFULNESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIALS ON THIS SERVICE, INCLUDING, WITHOUT LIMITATION, EXERCISE EQUIPMENT, DIETS AND FITNESS PLANS, EXERCISE VIDEOS RECOMMENDED, DISCUSSED OR PORTRAYED ON THIS SERVICE, GYGMA.COM. FitSeven, INC. DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. FitSeven, INC. DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT, INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT ANY MATERIALS ARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE, GYGMA.COM, THIS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIALS.

15. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL WE, FitSeven, INC., dba GYMGA, dba GYMGA.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR PARTNERS, OR OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SERVICE; (II) THE USE OR INABILITY TO USE THIS SERVICE; (III) THE PURCHASE OR USE OF ANY CONTENT AND/OR PRODUCTS THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY EXERCISE DEPICTED IN AND EXERCISE VIDEO; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF FitSeven, INC. OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FitSeven, INC'S 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 FitSeven, INC.'S FOR ANY PRODUCTS SUPPLIED BY PRODUCT PARTNERS THROUGH YOUR USE OF THE SERVICE.

FitSeven, INC. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INJURY YOU SUFFER AS A RESULT OF USING THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY INJURY YOU SUFFER AS A RESULT OF YOUR PERFORMANCE OF ANY MOVEMENT OR EXERCISE DEPICTED IN ANY EXERCISE VIDEO, CONTAINED ON THE SERVICE, GYGMA.COM. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY AGREE TO ASSUME ALL RISKS ASSOCIATED WITH AND WHICH MAY ARISE FROM YOUR USE OF THE CONTENT, INCLUDING BUT NOT LIMITED TO ALL RISK OF INJURY YOU MY SUFFER AS A RESULT OF YOUR PERFORMANCE OF ANY MOVEMENT OR EXERCISE DEPICTED IN ANY EXERCISE VIDEO, CONTAINED ON THE SERVICE, GYGMA.COM.

FitSeven, INC. will not be liable in any amount for failure to perform any obligation under these Terms of Use if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms of Use.

16. TERMINATION.

FitSeven, INC. may terminate User's access to all or any part of the Service and Content at any time, with or without cause, effective upon notice thereof to User (provided that, if FitSeven, INC. determines there may be an immediate threat to FitSeven, INC., it may terminate such access without notice). Upon termination notice from FitSeven, INC., User will no longer access (or attempt to access) the Service. Sections 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 AND 18 shall survive any expiration or termination of this Agreement.

17. CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available from the Service infringe your copyright, you (or your agent) may send FitSeven, INC. a notice requesting that FitSeven, INC. remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send FitSeven, INC. a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: FitSeven, INC. DMCA Agent, FitSeven, INC., 12 Howard Ave, Suite 201, Burlingame, CA 94010.

18. MISCELLANEOUS.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with FitSeven, INC.'s prior written consent. FitSeven, INC. may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind FitSeven, INC. in any respect whatsoever.

© FitSeven, INC. unless otherwise noted. All rights reserved.