Terms & Conditions
This Fitloq.com Membership Agreement (the "Agreement") is a legal contract between you and Fitloq.com, ("Fitloq.com").
The Agreement governs your purchase and use of the online website measurements service, whether fee-based or free of charge, offered on Fitloq.com's website (each a "Service"). Your use of the Services is conditioned on your acceptance of this Agreement. By using any Service or by checking the acceptance box at the sign-up page, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register.
Since this is a binding legal agreement between you and Fitloq.com, please print a copy of this Agreement for your records.
1. The Services
Fitloq.com will provide you with the Services for which you register on Fitloq.com's website, subject to the terms and conditions of this Agreement. Fitloq.com reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.
2. Registration Process
3. Your Promises And Obligations As A Condition Of Receiving Any Services, You Promise, Represent, And Warrant The Following:
All of the registration information you supply to Fitloq.com is true, complete, and accurate, and you will notify Fitloq.com of any changes to your registration data during the term of this Agreement and submit updated information within twenty (20) days of any such changes;
None of the URLs you submit to Fitloq.com link to any web page or site that contains any:
- Hate propaganda,
- Material that encourages or promotes illegal activity or violence;
- Content that violates or infringes in any way upon the statutory, common law, or
- Proprietary rights of others, including but not limited to copyrights, trademark rights,
- Patents, or any other third party intellectual property, contract, privacy, or publicity rights;
- Material that promotes or utilizes software or services designed to deliver unsolicited email;
- Material that violates any local, state, or national law or regulation;
- Misrepresentations or material that is threatening, abusive, harassing, libelous, or defamatory,
- Obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; or
- Other material that Fitloq.com, in its sole discretion, deems inappropriate, including any violations of standards posted on Fitloq.com's website or sent to you by email;
You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password;
You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without Fitloq.com's written consent;
You will comply with all federal laws and regulations governing your actions under this Agreement; and you have full power and authority to enter into this Agreement and to perform your obligations hereunder.
Without limiting its other remedies, Fitloq.com may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) above, Fitloq.com reserves the right to monitor the content of the web pages or sites that correspond to the URLs you submit to Fitloq.com.
You agree to pay Fitloq.com any set-up fees and recurring subscription fees listed on Fitloq.com's website for the service you select. Completion and submission of any Service activation form authorizes Fitloq.com to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made on a one-time, monthly, or yearly basis. In order to avoid the full fee for any new subscription period, you must cancel the Service BEFORE the new period begins. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement. Without limiting any other remedies available to Fitloq.com, YOU AGREE TO FULLY REIMBURSE FITLOQ.COM FOR ANY COSTS AND EXPENSES THAT FITLOQ.COM MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.
5. Pricing Changes And Other Modifications
The Fitloq.com services are based on a particular amount of page views per month. Fitloq.com may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on Fitloq.com's website. New pricing terms will become effective beginning with the first full billing cycle after Fitloq.com posts such changes to its website. Changes to terms not related to pricing will become effective fifteen (15) days after such notification. If you do not agree to any changes posted by Fitloq.com in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
Additional modifications to these terms and conditions may be made in special circumstances, but only if approved in advance in a signed writing on Fitloq.com's letterhead by an executive vice president or higher-level officer of Fitloq.com. Product sales and support representatives are not authorized to waive or modify any provisions of this Membership Agreement. No failure by Fitloq.com to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or Fitloq.com's rights and remedies hereunder.
6. Duration And Cancellation Of Services
Unless stated otherwise on Fitloq.com's web pages applicable to a given Service, each Service will be provided and billed on a monthly or yearly subscription basis, measured from the day of payment-activation and continuing in like intervals; monthly or yearly. Subscriptions will activate regular payments with monthly or annual periods, as applicable, until cancelled in accordance with this section. At any time after activation of a Service, either you or Fitloq.com may cancel that Service (or Fitloq.com may discontinue the Service completely) by directly canceling the subscription agreement through PayPal, Ipay88, or the relevant payment processor, in which case the Service will terminate at the end of the current monthly or yearly billing period. Fitloq.com may cancel the service if you exceed the particular number of monthly page views per month as selected during the subscribing process. Fitloq.com may also increase your subscription fee according to the relevant bracket of page views, if your site's traffic consistently exceeds the bracket initially chosen for service.
Fitloq.com also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" BELOW.
7. Term And Termination Of Agreement
The terms of this Agreement will begin on the date that Fitloq.com accepts your initial registration and will continue in force until terminated according to this section. Upon activation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. Fitloq.com also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below. Sections 10 through 15 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks and any other parts of the Service from all of your Web sites and other items. Failure to remove our code from your website entitles us to act in such a manner as to recover the additional costs generated. This manner includes, but is not limited to the placement of redirects and/ or pop-ups
If you cancel any Service you acknowledge and agree that NO REFUNDS WILL BE ISSUED.
9. Third Party Disclosure
Fitloq.com will not knowingly disclose statistics pertaining to your site to a third party, without your explicit permission. In other words the statistics provided by Fitloq.com are strictly private and only accessible by our administrators, and the user accounts that you create.
10. Use Of Tags
Some of the Services rely on the use of HTML tags or other code in your web page or site. Subject to your compliance with all the terms of this Agreement, Fitloq.com grants you permission to use the HTML tags or other code supplied to you by Fitloq.com (the "Tags") solely for your use in receiving the Services for which you have paid. You agree to follow all instructions and restrictions provided to you by Fitloq.com with respect to your use of the Tags. You agree that Fitloq.com will not be responsible for any malfunctions, errors, data inaccuracies, or improper results attributable to your incorrect, unauthorized, or unsupported use of any Tags.
11. Ownership Rights
You agree and understand that the Services and all graphic designs, icons, Tags, HTML code, computer programming, and other elements incorporated therein are the exclusive property of Fitloq.com. In addition, you acknowledge that Fitloq.com owns all right, title, and interest in and to Fitloq.com's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement.
12. Disclaimer Of Warranty
Fitloq.com makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind. Fitloq.com HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FITLOQ.COM DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.
13. Limitation Of Liability
IN NO EVENT WILL FITLOQ.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT FITLOQ.COM IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY FITLOQ.COM FROM YOU UNDER THIS AGREEMENT. Without limiting the foregoing, Fitloq.com is not responsible for any of your data residing on Fitloq.com hardware. You are responsible for backing-up your data and information that may reside on the Fitloq.com hardware, whether or not such information is produced through the use of the Service.
You agree to indemnify, hold harmless, and (at Fitloq.com's request) defend Fitloq.com and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Fitloq.com or make available to any third party, including your registration data and the content of the web pages corresponding to the URLs you submit to Fitloq.com. This obligation shall survive any termination of your relationship with Fitloq.com.
15. Sole And Exclusive Remedy
If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available.
16. General Provisions
The laws of the Malaysia govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in the Malaysia in all disputes arising out of or relating to this Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against Fitloq.com. The prevailing party in any dispute relating to the Services or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute.
No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the Fitloq.com network, and, consequently, you will receive periodic announcements and information regarding Fitloq.com's services. You may request to be removed from the network's news mailing list at any time.
Fitloq.com may include your web site's domain name & logo on its customer lists, testimonials and press releases. If at any time you would prefer not to be listed, simply let us know, and we will remove your name from the list.
18. Special Remarks
The following types of Web sites are NOT allowed to participate in the Service: (a) Web sites which promote illegal activity or racism, or which are libelous, defamatory, racist, hate-crime oriented, abusive, harassing or threatening, (b) Web sites which contain viruses or other contaminating or destructive features, (c) Web sites which violate the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) Web sites which provide instructions or discussions about performing illegal activities, (e) Web sites that promote or utilize software or services designed to deliver unsolicited email, or (f) Web sites which otherwise violate any applicable law or that we otherwise deem to be inappropriate.
You agree not to change the service's programming code.
You acknowledge and agree that general information about your Web site (name, URL, traffic counts, etc.) may be utilized by the Service. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, general promotional uses, etc.
Fitloq.com stores its data in many different formats. 'Searchable data', is a particular format of data. Searchable data is used for the ‘universal search’ feature and is kept for 60 days. The ‘universal search’ box is located on the top of 'visitors online' report. The ‘universal search’ box is experimental and may be removed or not function at any time. This will not effect all other reports.
If you have any questions about this Agreement or Fitloq.com's Services, please contact Fitloq.com by email at firstname.lastname@example.org.
Thank you for choosing Fitloq.com to measure your website.
We look forward to doing business with you and hope you find our services valuable.
100% Satisfaction Guaranteed. We stand behind everything we sell. If you are not satisfied with your Fitloq.com purchase, you can return it for a replacement or refund within 14 days of purchase. Fitloq.com’s guarantee doesn’t cover ordinary wear and tear or damage caused by improper use or accidents. If your item has a manufacturing defect in its materials or workmanship, you can return it at any time. See our limited warranty.
If your item has a manufacturing defect in its materials or workmanship, you can return it at any time. Many of our items also have a separate warranty from the manufacturer, and you can also return any of those items that don’t meet the manufacturer's warranty. This limited warranty gives you specific legal rights, and you may have other rights which vary from state to state.
Returning Or Exchanging Items
You can return or exchange purchases from Fitloq.com or FITLOQ.COM-OUTLET by mail or at any of our retail locations, regardless of whether you made your purchase online, by phone or in an Fitloq.com store. You must have a proof of purchase (store receipt, gift receipt, shipping invoice, or member purchase history) for all returns and exchanges. Since quantities may be limited, you can expedite an exchange by placing a new order and returning the unwanted merchandise. Used items must be cleaned for a return or exchange. If you send merchandise that is not cleaned or laundered to the Fitloq.com Returns Department, it will be returned at your expense. FITLOQ.COM-OUTLET items go out of stock quickly. As a result, we may not be able to make requested exchanges. If this is the case, we will refund your form of payment for the purchase amount.
Returns And Exchanges By Mail
If you return or exchange a product by mail, we recommend that you ship your package with a carrier that can provide tracking and insurance. Fitloq.com is not responsible for packages lost in transit without proof of tracking. If a customer returns merchandise that does not meet conditions of the 100% Satisfaction Guarantee, it will be sent back to the customer at their expense.
To return or exchange an order by mail:
- Include a copy of your proof of purchase.
- Ship your package with a carrier that can provide tracking and insurance.
Fitloq.com Returns Dept.
Lot1-10, The Gallery, Kompleks Perniagaan Seri Damai, Medan Batu Lanchang, 11600 Penang, Malaysia.
Fitloq.com Garage Sale Merchandise Policy
Fitloq.com Garage Sales are events where we sell merchandise “as is.” All sales are final on items purchased at Fitloq.com Garage Sales at our retail locations. If a customer sends Garage Sale merchandise to the Fitloq.com Returns Department for a return or exchange, it will be returned to the customer at their expense.