FitAWare Participant Terms and Conditions
FitAWare Participant Terms and Conditions
revision 060409-02 - edited on June 4, 2009
If you are a user of the FitAWare service you are subject the terms of this agreement. If you fail to comply with these terms or if your sponsorship is withdrawn your access to the FitAWare service may be revoked.
Terminology
"AWare" and "AWare Technologies," "we," "us", and "our" refer to AWare, Inc., a Delaware corporation, doing business as AWare Technologies in Massachusetts, with a principal place of business at 614 Massachusetts Ave, Cambridge MA. "Customers" are the businesses or other organizations who contract with AWare for the provision of the FitAWare service. "FitAWare" and the "FitAWare Service" refers to all services and reporting functionality provided through the fitaware.net domain. "Participants" are individual employees or affiliates of Customers who elect to participate in the FitAWare program or who use FitAWare reporting tools. The "Sponsoring Customer" is the organization or business that sponsors a particular Participant's FitAWare service.
General Terms
FitAWare is a social network for fitness. It is intended to promote and foster increased physical activity among participants through social support, friendly competition, and fun. As a FitAWare participant, you agree to the following:
You agree to use the FitAWare service responsibly and for the purposes for which it was intended. This means keeping your password secure, respecting the privacy of others, and making a good-faith effort to play by the rules and keeping your interactions clean, friendly, and positive.
You agree not to cheat on contests or challenges, not to reverse engineer our technology, and not to deliberately, maliciously, or negligently interfere with the normal operation of the service. If you aren't sure about something, send email to support@awaretechs.com first.
You agree to the terms of the current FitAWare Participant Privacy Policy. We're putting you in charge of your non-public information, so please take the time to read and understand it.
You agree to be responsible about talking trash. Contests and challenges are here to provide fun and motivation. Trash talk can be fun, but not everyone likes it. Before you talk trash, know your audience. If you aren't sure it will be well received, don't go there.
If you have a problem with any aspect of the service, you agree to let us know first before you complain to others. Please give us a chance to address any problems that arise before telling your friends or posting a negative review of our product or service; Send email to support@awaretechs.com.
Limitation of Liability
NEITHER YOU NOR AWARE TECHNOLOGIES OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
Exclusion of Warranty
NEITHER AWARE TECHNOLOGIES NOR ANY OF AWARE TECHNOLOGIES'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Other Legal Terms
Your Sponsoring Customer organization may impose additional terms or requirements for the sponsorship of your FitAWare service, including cost-sharing and payroll deduction. If you are unable to comply with these terms, the Sponsoring Customer may withdraw your FitAWare sponsorship. If so, AWare will terminate your FitAWare service.
Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
This agreement is governed by Massachusetts law, excluding Massachusetts conflict-of-law rules.
Questions about this Document
If you have questions about this document, please send email to support (support@awaretechs.com).
Updates and Revisions to this Document
This is the AWare Technologies FitAWare Participant Terms and Conditions, revision 060409-02 (June 4th, 2009). From time to time, AWare Technologies may update this document or the FitAWare Privacy Policy. When we do, we will make a good-faith effort to notify existing FitAWare Participants and Customers in advance using the email contact information we have on file. Please keep the contact information in your FitAWare Participant Profile up-to-date so that we may inform you of such changes in a timely fashion.