Introduction

Welcome to FITtechnologies.com. By browsing this website, you are agreeing to comply with and be bound by FIT’s terms and conditions of use, which govern FIT’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The terms “FIT Technologies,” “FIT,” “us” or “we” refer to the owner of the website. The term “you” refers to the user or viewer of our website.

License to use website

Unless otherwise stated, FIT and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

republish material from this website (including republication on another website)
sell, rent or sub-license material from the website
show any material from the website in public
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without FIT’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without FIT’s express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. FIT makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, FIT does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Limitations of liability

FIT will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if FIT has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit FIT liability in respect of any:

death or personal injury caused by FIT negligence;
fraud or fraudulent misrepresentation on the part of FIT or
matter which it would be illegal or unlawful for FIT to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, FIT has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against FIT’s officers or employees in respect of any losses you suffer in connection with the website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify FIT and undertake to keep FIT indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by FIT to a third party in settlement of a claim or dispute on the advice of FIT’s legal advisers incurred or suffered by you arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions).

Variation

FIT may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.

Assignment

FIT may transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Entire agreement

These terms and conditions constitute the entire agreement between you and FIT in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the State of Ohio and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the State of Ohio.

Other information

The company is registered in the State of Ohio as SchoolOne, LLC dba FIT Technologies, whose office is at 1375 Euclid Avenue, Suite 500, Cleveland, OH 44115. You can contact FIT by email at info@fittechnologies.com.

FIT created this website terms and conditions with the help of Contractology available at www.freenetlaw.com. Other precedents available on the Contractology website include template software agreements.