Privacy Statement

Privacy

7XFIT, A UNIT OF ITLNOW, is concerned with the privacy of online communications and websites. In general, the internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, 7XFIT, A UNIT OF ITLNOW, urges its customers to assume that all of their online communications are insecure unless a secured lock is listed on the users browsers address link. 7XFIT, A UNIT OF ITLNOW, cannot take any responsibility for the security of information transmitted over 7XFIT, A UNIT OF ITLNOW‘s, facilities. Additional details on privacy and 7XFIT, A UNIT OF ITLNOW’s, use of customer information can be found in 7XFIT, A UNIT OF ITLNOW’s, Privacy Statement located here.

Customer Responsibility

Customers and participants are required to use the 7XFIT, A UNIT OF ITLNOW, website(s) responsibly. This includes respecting the other customers and participants of 7XFIT, A UNIT OF ITLNOW. 7XFIT, A UNIT OF ITLNOW, reserves the right to suspend and/or cancel service with any customers and participants who use the 7XFIT, A UNIT OF ITLNOW, website(s) in such way that adversely affects other 7XFIT, A UNIT OF ITLNOW, customers and participants. While 7XFIT, A UNIT OF ITLNOW, may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, 7XFIT, A UNIT OF ITLNOW, does not monitor its customers and participants communications or activities to determine whether they are in compliance with the TOU. However, when 7XFIT, A UNIT OF ITLNOW, becomes aware of any violation of the TOU or other user agreements, 7XFIT, A UNIT OF ITLNOW, may take any action to stop or correct such violation, including, but not limited to, denying access to 7XFIT, A UNIT OF ITLNOW’s services and equipment, or to the internet. In addition, 7XFIT, A UNIT OF ITLNOW, may take action against a customers and participants, or a customers and participants of such customers and participants because of the activities of such customers and participants.

Actions Taken by 7XFIT, A UNIT OF ITLNOW

The failure by a customers and participants to meet or follow any of the TOU is grounds for account removal. 7XFIT, A UNIT OF ITLNOW, will be the sole arbiter as to what constitutes a violation of the TOU. 7XFIT, A UNIT OF ITLNOW, reserves the right to remove any account without prior notice, and to refuse service to anyone at any time. When 7XFIT, A UNIT OF ITLNOW, becomes aware of an alleged violation of its TOU, 7XFIT, A UNIT OF ITLNOW, will initiate an investigation. During the investigation, 7XFIT, A UNIT OF ITLNOW, may restrict a customer’s and participator’s access in order to prevent further, potentially unauthorized activity. Depending on the severity of the violation, 7XFIT, A UNIT OF ITLNOW, may, at its sole discretion, restrict, suspend, or terminate customer’s and participator’s account and/or pursue other  civil remedies. If such violation is a criminal offense, 7XFIT, A UNIT OF ITLNOW, will notify the appropriate law  enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the internet. 7XFIT, A UNIT OF ITLNOW, does not issue credits for service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the business operations supported by the website, and to respond to complaints incurred by 7XFIT, A UNIT OF ITLNOW.

Indemnification

7XFIT, A UNIT OF ITLNOW, Customers and participants agree to protect, defend, hold harmless, and indemnify 7XFIT, A UNIT OF ITLNOW, any third party entity related to 7XFIT, A UNIT OF ITLNOW, (including, without limitation, third party vendors), and 7XFIT, A UNIT OF ITLNOW’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s and participator’s use of 7XFIT, A UNIT OF ITLNOW’s services.

Disclaimer

The 7XFIT, A UNIT OF ITLNOW, service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non‐infringement. 7XFIT, A UNIT OF ITLNOW, expressly disclaims any representation or warranty that the 7XFIT, A UNIT OF ITLNOW, service will be error‐free, secure or uninterrupted. No oral advice or written information given by 7XFIT, A UNIT OF ITLNOW, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. 7XFIT, A UNIT OF ITLNOW, and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the services and/or products.

Termination for Bankruptcy or Insolvency

If a customer and/or participant becomes insolvent or any bankruptcy petition is filed by the customers and/or participant, or any third party against the customers and/or participants, 7XFIT, A UNIT OF ITLNOW, may immediately terminate provision of 7XFIT, A UNIT OF ITLNOW’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against 7XFIT, A UNIT OF ITLNOW, in such event.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will 7XFIT, A UNIT OF ITLNOW, (including, without limitation, 7XFIT ,A UNIT OF ITLNOW’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, third‐ party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing 7XFIT, A UNIT OF ITLNOW’s services and products, be liable for the loss of a company name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or 7XFIT, A UNIT OF ITLNOW, services and products, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any 7XFIT, A UNIT OF ITLNOW, services and products even if 7XFIT, A UNIT OF ITLNOW, has been advised of the possibility of such damages. All claims and causes of actions arising in connection with 7XFIT, A UNIT OF ITLNOW, or 7XFIT, A UNIT OF ITLNOW’s services and products are permanently barred unless the claim or cause of action is commenced within 6 months after the basis of the claim or the cause of action arose, regardless of any statutory limitation period allowing for a longer period. 7XFIT, A UNIT OF ITLNOW’s total cumulative liability, if any, to customer, or any third party, for any and all damages, related to the TOU or 7XFIT, A UNIT OF ITLNOW’s services and products, including, without limitation, those from any negligence, any act or omission by 7XFIT, A UNIT OF ITLNOW or 7XFIT, A UNIT OF ITLNOW’s representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customers and participants for the services or products which gave rise to such damages, losses and causes of actions during the 3‐month period prior to the date the damage or loss occurred or the cause  of action arose.

7XFIT, A UNIT OF ITLNOW’s Intellectual Property

Customers and participants will not, without 7XFIT, A UNIT OF ITLNOW’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on 7XFIT, A UNIT OF ITLNOW’s website, and customers and participants will not use any of 7XFIT, A UNIT OF ITLNOW’s trademarks, service marks, copyrighted materials, or other intellectual property without 7XFIT, A UNIT OF ITLNOW’s express written consent. Customers and participants will not, in any way, misrepresent their relationship with 7XFIT, A UNIT OF ITLNOW, attempt to pass themselves off as 7XFIT, A UNIT OF ITLNOW, or claim that customers and participants are 7XFIT, A UNIT OF ITLNOW.

Assignment

Customers and participants may not assign or delegate their rights or obligations under the TOU or other agreement for 7XFIT, A UNIT OF ITLNOW’s services, either in whole or in part, without the prior written consent of 7XFIT, A UNIT OF ITLNOW.

Governing Law and Severability

The TOU, and any other agreement for 7XFIT, A UNIT OF ITLNOW services and products, will be governed by and construed in accordance with the laws of the State of Massachusetts, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and 7XFIT, A UNIT OF ITLNOW will take place in Massachusetts, and the customers and participants will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other 7XFIT, A UNIT OF ITLNOW, agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between 7XFIT, A UNIT OF ITLNOW and its customers and participants. Each of 7XFIT, A UNIT OF ITLNOW, and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for 7XFIT, A UNIT OF ITLNOW, services and products, constitutes the complete understanding and agreement between 7XFIT, A UNIT OF ITLNOW, and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of 7XFIT, A UNIT OF ITLNOW, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for 7XFIT, A UNIT OF ITLNOW, services and products is between 7XFIT, A UNIT OF ITLNOW, and its customers and participants only and will not confer any rights in any third party except as otherwise expressly provided by 7XFIT, A UNIT OF ITLNOW.

Third Party Providers

You agree that certain services may be provided by third party providers of 7XFIT, A UNIT OF ITLNOW, and that your use of such services or products may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Send the notification via mail, email, or fax to:

The Claimant’s name, address, and telephone number(s).

A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Public Relations:

Contact Us At:

7XFIT, a unit of ITLNOW, INC.

2130 Mendon Road, Ste. 3‐316

Cumberland, RI 02864

United States

Telephone: 401‐349‐2135

Mailto: legal@7xFit.com

Website: http://www.7xFit.com