Welcome to www.fitango.com - an interactive expert content marketplace and collaborative web service (the "Website"). Some of the services are available through mobile applications as well (The Website and mobile applications will be jointly referred to as the "Service").
The Website is owned and operated by Fitango, Inc. ("Fitango").
Please read carefully the following terms and conditions (the "Terms", or the "Terms of Use"). By using the Service, or by registering as a user with the Service, you agree to be bound by the Terms. If you do not agree with the Terms, you may not use the Service.
THE SERVICE IS AN ONLINE PLATFORM TO MANAGE YOUR PERSONAL ACTIVITIES. YOU CAN USE THE SERVICE TO RECEIVE PLANS ("ActionPlans™"), ANSWERS, ADVICE, RECOMMENDATIONS AND OTHER INFORMATION, SERVICES AND PRODUCTS FROM PERSONS, OR ENTITIES IN RELEVANT PROFESSIONS, AND WITH RELEVANT SKILLS, EXPERIENCE OR EXPERTISE ("EXPERTS").
THE SERVICE SERVES AS A VENUE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES. IT PROVIDES ACCESS TO ACTIONPLANS™ AND FURTHER INFORMATIONAL SERVICES.
ANY COMMUNICATIONS THAT YOU HAVE AND TRANSACTIONS THAT YOU MAKE WITH AN EXPERT OR OTHER USER OF THE SERVICE, THAT IS NOT A FITANGO REPRESENTATIVE, OR SPONSORED BY FITANGO, ARE MADE STRICTLY BETWEEN YOU AND THE EXPERT OR USER. FITANGO IS NOT A PARTY AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO SUCH TRANSACTIONS AND COMMUNICATIONS.
THE SERVICE ALSO ALLOWS YOU TO CONTACT AND COMMUNICATE WITH OTHER USERS OF THE SERVICE, RECEIVE SUPPORT, SHARE INFORMATION, AND FORM ONLINE GROUPS AND COMMUNITIES.
OTHER THAN CONTENT AND INFORMATION THAT FITANGO PROVIDES OR SPONSORS, FITANGO DOES NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, OR IN ANY MANNER ASSUME ANY RESPONSIBILITY WITH RESPECT TO ADVICE, INSTRUCTIONS, OPINIONS, PRODUCTS, SERVICES, RESEARCH, REPORTS, THEORIES AND OTHER INFORMATION INCLUDED IN THE CONTENT OF THE SERVICE AND PROVIDED BY EXPERTS, AS WELL AS BY OTHER USERS OF THE SERVICE.
FITANGO ENCOURAGES YOU TO TREAT CONTENT ON THE INTERNET, INCLUDING CONTENT AVAILABLE THROUGH THE SERVICE, WITH CAUTION AND DISCRETION. FITANGO DOES NOT GUARANTEE AND MAKES NO REPRESENTATION OR JUDGMENT ABOUT EXPERTS' COMPETENCY AND ABOUT SUCH CONTENT'S ACCURACY, ADEQUACY, COMPLETENESS, CREDIBILITY, AUTHENTICITY, VALIDITY, INTEGRITY OR LEGALITY.
FITANGO DOES NOT PROVIDE MEDICAL ADVICE OR HEALTHCARE, LEGAL OR FINANCIAL SERVICES.
THE CONTENT ON THE SERVICE, INCLUDING ANY TEXT, IMAGES AND VIDEO CLIPS IS MADE AVAILABLE FOR EDUCATIONAL OR INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL, LEGAL OR FINANCIAL ADVICE. PROFESSIONAL CONSULTATION DEPENDS ON THE PRECISE FACTS OF EACH AND EVERY INDIVIDUAL CASE. THE CONTENT ON FITANGO IS IN NO WAY A SUBSTITUTE FOR ANY SUCH PROFESSIONAL CONSULTATION. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER RELEVANT AND QUALIFIED HEALTHCARE PROVIDERS FOR DIAGNOSTIC AND TREATMENT PURPOSES, AND RELEVANT QUALIFIED PROVIDERS FOR LEGAL OR FINANCIAL CONSULTATION.
USERS HEREBY RELEASE AND AGREE TO HOLD HARMLESS FITANGO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADVISORS, CONSULTANTS, AND ASSIGNEES FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE ACTS OF MEDICAL OR MENTAL HEALTH PROFESSIONALS, PHYSICIANS, ATTORNEYS, FINANCIAL SERVICE PROVIDERS OR ANY OTHER EXPERT ACCESSED THROUGH THE WEBSITE.
THE SERVICE IS NOT AN APPROPRIATE VENUE FOR CRISIS SITUATIONS. IF YOU BELIEVE THAT YOU OR OTHERS ARE IN DANGER OR IN THREAT OF IMMINENT HARM OR INJURY, THEN PLEASE IMMEDIATELY CONTACT EMERGENCY SERVICES (SUCH AS 911 IN THE U.S.).
IF ANY OF THESE RULES ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
Access through your Mobile device
Fitango currently provides you access to the Service through mobile network services for free. However, any regular fees that you pay to the carrier's services may still apply when you access and use the Service with your mobile device.
You must update your account information on Fitango immediately after changing or deactivating your mobile phone number. Please note that if you fail to update your account, messages addressed to you may reach others instead.
You provide all rights necessary to enable users to synchronize (including through an application) their contact lists with any basic information and contact information that is visible to them on Fitango, including your name and profile picture.
Acceptable use of the Service
You represent and warrant that you are either more than 18 years of age or you have obtained proper parental or guardian consent to enter into this agreement, and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms, and have obtained all necessary third party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. YOU MAY NOT USE THE SERVICE UNLESS YOU ARE AT LEAST 13 YEARS OLD. Certain content available through the Service may not be intended for children.
Fitango encourages parents and guardians to prevent their under 13 years old children from using the Service, and to control, monitor and supervise the use of the Service by their children who are older than 13 years old. Your membership or access to the Service may be deleted or blocked without warning if it is found that you are misrepresenting your age.
Subject to the Terms of Use, you may access, use and upload content, purchase and use Actionplans™ and other services provided through the Service and participate in the Service's online community, for your personal and non-commercial use only. As an Expert you may also use the Service for your commercial purposes, subject to the terms of the Experts Agreement.
You agree to abide by all applicable local and international laws, regulations and rules. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf.
When using the Service, you agree to refrain from willfully, or negligently:
Fitango may, but is under no duty to, review uploaded content and remove or block access to such content, or refuse to upload it on the Service, for any reason that Fitango may consider to be justified in its sole discretion, including but not limited to the following reasons:
Fitango does not warrant or guarantee that any content that you wish to upload to the Service will be uploaded or that Fitango will make such content available indefinitely.
Content removal and account termination
Fitango may remove or block access to content after a certain period of time from initial posting. Consequently, you may not find content that you or any other user previously uploaded to the Service. When you remove content from your account or when you terminate your account, it is no longer available to you, to other users of the Service, or to Experts. However, a copy of the removed content may persist and used by Fitango for back-up and other administrative purposes, for a reasonable period of time.
The Service serves all Internet users. However, certain services may be available to registered users only.
BY REGISTERING AND USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
Registration with the Service is free of charge. However, Fitango may opt to charge registration fees in the future. Fitango will require such fees only following the posting of prior notice on the Service, but Fitango is under no obligation to notify you in person of any change in Fitango's registration policy. If you do not consent to the terms in the notice, or fail to pay your registration fees to Fitango's satisfaction, then your account on the Service will be terminated.
When you register with the Service, Fitango will ask you to provide certain contact and personal details. Bear in mind that false, incorrect, or outdated information may prevent you from registering and impair Fitango's ability to provide you with services and to contact you. Fitango will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register.
To login, you must use your email address and password. Alternatively, Fitango may provide you with a password for accessing your account on the Service. Fitango may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain services on the Service.
You agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months.
You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Service as a result of compromising your details or conveying them to someone else.
You may terminate your account at any time, by using Fitango's designated termination form at Fitango's Account Settings. Fitango may require you to verify your termination notice by sending Fitango an additional termination request message, either by e-mail or through any other means, such as by contacting you directly through the Service, as a prerequisite for termination of your account. Your account on the Service will terminate 10 days following your notification, and from that date of termination you will no longer be able to access your account.
All transactions that you make with Experts will be billed through Fitango, whether the transaction was concluded through the Service, or through any other means of communication. You may pay the fees by using the methods of payments as available, published and updated from time to time on the Service, such as by a credit card or by using an online payment service (e.g., PayPal). Fees will be regarded as paid only after your credit card issuer, or your online payment service, as applicable, has confirmed the transaction. All fees are quoted in U.S. Dollars, unless expressly stated otherwise. You must pay the fees in the currency indicated in the payment terms. Payments will include sales tax, as applicable to the transaction that you have paid for. If you are eligible for a tax exemption, you should contact Fitango's customer support, and provide the documentation required to prove your eligibility.
Fitango is entitled to a certain portion of the fees that you pay, in accordance with Fitango's fee schedule, regardless if you concluded the transaction through the Service, or through any other means of communication. The remainder is paid to the Experts, Institutions, and other providers as Fitango deems necessary in its sole discretion.
You agree to pay all fees and taxes in a timely manner and in compliance with the pricing and terms agreed with the relevant Experts and reimburse Fitango, the Expert or any third party, as applicable, for any interest and collection costs resulting from overdue payments. You acknowledge that fees that you pay are not refundable.
You may gift services of goods to other Fitango users through the Service, in which case the receiving party shall acquire said gift and the giving party shall be billed in accordance with the terms of this section.
Fitango will make its best efforts to have a transaction processed accurately and expeditiously. However, Fitango will not be liable for mistakes, errors, malfunctions and miscalculations made in the course of transactions between you and an Expert.
Following the sale or purchase of an Actionplan™, answers, advice, recommendations and other information, services and products through the Service, you may rate the quality of service that you received. Fitango may publish the rating results in perpetuity, whether textual, or in aggregative, statistical and graphical forms on the Service and on further platforms and media, in its sole discretion. You represent and warrant that you will not post any false, inaccurate, or misleading ratings. Rating results are not posted on Fitango's behalf and do not reflect Fitango's view on rated Experts. Fitango assumes no responsibility or liability with respect to the rating process and results. Fitango reserves the right to amend, remove, or otherwise alter any review data that it finds to be unlawful, inaccurate, obscene, vulgar, or inappropriate in any other way.
Notwithstanding any remedies that may be available to Fitango under any applicable law, Fitango may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove content that you uploaded to the Service and take technical and legal measures to keep you off the Service, if Fitango determines in its sole discretion that:
The Service may contain links to content on other web sites. Fitango does not operate, or monitor these services and contents. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain Service, Fitango does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. Fitango assumes no responsibility or liability for such third party services or contents, or their availability.
The Service may include paid advertisements, sponsored links and commercial information (the "advertisements"). By clicking the advertisements you may be transferred to a Service of an advertiser or receive any other messages, information or offers from the advertiser and from others. Fitango is not responsible and will not be liable for any of the advertisers' practices including their privacy practices, or for the content of their services, information, messages or offers.
Fitango respects the intellectual property rights of others. Any requests to remove copyright infringing content from the Service, or counter requests to repost content, on grounds of mistake or misidentification of the content, will be made in accordance with the Service's Copyright Policy. After receiving a request to remove or re-post content on the Service, Fitango will act as it deems fit, in accordance with the applicable law.
Fitango respects your privacy. Fitango's Privacy Policy explains the accepted privacy practices on the Service and is incorporated by reference to the Terms.
Fitango makes efforts to ensure the reliability of facts and details that Fitango posts on the Service. However, errors may occur. If you believe that any information that Fitango posted on the Service is erroneous, please inform Fitango at info@fitango.com.
Intellectual property / Limited license
All rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by Fitango, or owned by a third party and licensed to Fitango.
Unless expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, service marks and logos of Fitango, Experts and other providers of the Service. You must refrain from any action or omission which may dilute, or tarnish Fitango's and the Experts' goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as - Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
Fitango does not claim ownership over content, such as text and images that you upload to the Service. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Service and that you do not violate any rights of third parties.
By uploading content, including data, images, sounds, videos, text, ideas, concepts, know-how, or techniques to the Service, and including any and all communications that you make with other users on or through the Service, you grant Fitango a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Service, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your content.
Any publication made by Fitango of your personally identifiable information, is subject to the terms of the Privacy Policy. By uploading your ideas to publicly available areas of the Service, you provide every user with permission to an unlimited use of these ideas, in any available and legal way.
Fitango may change the Service's layout, design or display, as well as the scope and availability of the content and services including therein, without giving any prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that Fitango does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.
The availability and functionality of the Service depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. Fitango does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
Fitango may at all times, in Fitango's sole discretion, terminate the operation of the Service, or any part thereof, temporarily or permanently. Fitango may not give any notice prior to the termination of the Service. At any time, Fitango may block, remove or delete any content from the Service, without maintaining any backup copy. You agree and acknowledge that Fitango does not assume any responsibility with respect to, or in connection with the termination of the Service's operations and loss of any data as a result.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Service will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Service.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FITANGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FITANGO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE USE OF THE TERM "EXPERT" DOES NOT PROVIDE ASSURANCE THAT THE PERSON GIVING THE ADVICE OR PROVIDING A PLAN OR OTHER SERVICE HAS THE NECESSARY EXPERTISE AND CREDENTIALS. IT IS YOUR SOLE RESPONSIBILITY TO VERIFY THE IDENTITY, CREDENTIALS, CERTIFICATION, LICENSES, QUALIFICATIONS AND SKILLS OF EXPERTS PRIOR TO RECEIVING OR RELYING ON INFORMATION OR THE EXPERTS OR OTHER USERS PROVIDE.
FITANGO, INCLUDING FITANGO'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY FITANGO'S STAFF OR ANYONE ACTING ON FITANGO'S BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE SERVICE, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS AND PROFESSIONALS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS.
You agree to indemnify, defend and hold harmless, Fitango and Fitango's managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on Fitango's behalf, at your own expense and immediately after receiving a written notice from Fitango, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Service, the content that you upload to the Service, any communications that you convey through the Service, or your breach of the Terms, or any other terms, rules or regulations applicable to the Service, or your violation, or infringement of other persons rights.
Except as provided for in the Copyright Policy, the Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any action or claim, arising out of or directly or indirectly related to these Terms, will be filed only in state and federal courts in the city of New York, New York and you agree to submit to personal jurisdiction in such courts. However, if the total amount of a pecuniary relief that you seek in a claim against Fitango is less than $10,000, then you may resolve the dispute by using a provider of an established alternative dispute resolution ("ADR"). The dispute resolution before an ADR provider is subject to a mutual agreement between you and Fitango on the identity of the provider. The resolution process will be conducted only by written submissions through e-mail messages or other electronic communications, or through telephone conversations, and without the need for you or a Fitango representative to physically appear before the ADR provider. Any judgment on the award rendered by the ADR provider may be entered in any court of competent jurisdiction.
Fitango may contact you and send you notices via e-mail, regular mail, Short Message Services ('SMS'), fax messages, and notices on the Service. You may contact Fitango's customer relations, by using the Contact Us page on the Service, or by using Fitango's contact details hereunder. Fitango reserves the right to publish in public - including on the Service - any communications with you, as long as your personal details will not be revealed without your prior consent. All communications between Fitango will be deemed as received after one business day.
Fitango's contact details:
Fitango Inc.
119W 57th Street, Penthouse North
New York, NY, 10019
212-265-0202
Limitations of use by users located in embargoed countries
You may not use the Service, or create an Actionplan™, or sell products or services through the Service, if you are located in a country embargoed by the United States, or if you are listed in the United States' Treasury Department's Specially Designated Nationals and Blocked Persons' list.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated you will not engage in commercial activities on the Service (such as advertising or payments) or create an Actionplan™ or sell related products or services.
Fitango may incorporate the Service as a separate company or transfer ownerships rights and title in the Service, to a third party, provided that your rights according to the Terms are not compromised by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in the Service and you hereby give your prior consent thereto.
The Terms of Use constitute the entire agreement between you and Fitango with respect to the use of the Service and supersedes any and all other agreements.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by Fitango, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by Fitango's authorized representative.
The Terms of Use will take precedence over all documents, forms and policies incorporated thereto, which may conflict with the Terms of Use, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of the Terms of Use.
Failure on Fitango's part to demand performance of any provision in the Terms shall not constitute a waiver of any of Fitango's rights under the Terms.
The United Nations Convention on Contracts for the international Sale of Goods shall not govern the Terms.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without Fitango's prior explicit consent in writing.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms. In this Agreement, the term "including", whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Terms.
You may report any violations of this Agreement to info@fitango.com
Last Updated: 3/15/11
