Terms

FITCHICKEN TERMS OF USE

Although we may attempt to notify you via your email address when major changes are made, you should visit this page periodically to review the terms. FITCHICKEN may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the FITCHICKEN service. In the event of an inconsistency between the FITCHICKEN Terms of Use and the FITCHICKEN Privacy Policy (available at http://www.FITCHICKEN.com/privacy.html), the FITCHICKEN Terms of Use shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1. Description of Service. FITCHICKEN is a free and subscriber-based fitness and well-being scheduling application from Planitfit LLC (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the FITCHICKEN Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. FITCHICKEN disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. FITCHICKEN also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2. Personal Use. The Service is made available to you for your personal and commercial use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. FITCHICKEN reserves the right to refuse service to anyone at any time without notice for any reason.

3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement or such other URL as FITCHICKEN may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by FITCHICKEN; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Privacy Policy or other policies held by FITCHICKEN, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. FITCHICKEN reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

4. Content of the Service. FITCHICKEN takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does FITCHICKEN have any obligation to monitor such third party content. FITCHICKEN reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. FITCHICKEN also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of FITCHICKEN, its users and the public. FITCHICKEN will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

5. Intellectual Property Rights. You acknowledge that FITCHICKEN owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "FITCHICKEN Rights"), and such FITCHICKEN Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The FITCHICKEN Rights include rights to (i) the Service developed and provided by FITCHICKEN; and (ii) all software associated with the Service. The FITCHICKEN Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service. FITCHICKEN does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your FITCHICKEN account. We will not use any of your content for any purpose except to provide you with the Service.

6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to FITCHICKEN to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

7. Privacy. As a condition to using the Service, you agree to the terms of the FITCHICKEN Privacy Policy as it may be updated from time to time. FITCHICKEN understands that privacy is important to you. You do, however, agree that FITCHICKEN may monitor, edit or disclose your personal information, including the content of your correspondence and calendars, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the FITCHICKEN Privacy Policy. Personal information collected by FITCHICKEN may be stored and processed in the United States or any other country in which Planitfit LLC or its agents maintain facilities. By using FITCHICKEN, you consent to any such transfer of information outside of your country.

8. Communications. FITCHICKEN reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the FITCHICKEN websites. Notices will be deemed effective at the time they are sent by FITCHICKEN or as of date they are posted, regardless of whether you actually read any such notices. You may opt-out of receiving notifications regarding appointments through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law. You consent that any emails, surveys, other information or feedback you provide to FITCHICKEN through the Services or via any other medium, can be used by FITCHICKEN in any manner including, but not limited to, for testimonials, reviews and ratings on FITCHICKEN or third party websites.

9. Advertisements. As consideration for using the Service, you agree and understand that FITCHICKEN will display ads and other information adjacent to and related to the content of your correspondence and calendars. FITCHICKEN reserves the right to display relevant ads using a completely automated process that enables FITCHICKEN to effectively target dynamically changing content, such as your correspondence and calendars. No human will read the content of your correspondence or calendars in order to target such advertisements or other information without your consent, and no correspondence or calendar content or other personally identifiable information will be provided to advertisers as part of the Service.

10. Third Party Web Site. You may encounter hypertext links to websites operated by parties other than FITCHICKEN during your use of the Services and on the FITCHICKEN website. FITCHICKEN does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the FITCHICKEN website does not imply any endorsement by FITCHICKEN of the material on such website or any association with their operators.

11. Account Inactivity. After a period of inactivity, FITCHICKEN reserves the right to disable or terminate a user's account.

12. Payment. If you are a paying subscriber, you agree to pay all charges as set forth on the FITCHICKEN website, in the “My Account” section of your FITCHICKEN account, and/or in these Terms of Use. You agree that the address and email address you provide in your account settings are valid business addresses and that FITCHICKEN may invoice you at such addresses or through other electronic or facsimile communications. All invoices will also be accessible through your My Account page. Any charge invoiced to you by FITCHICKEN is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on FITCHICKEN’s income. All fees paid to FITCHICKEN by you pursuant to these Terms of Use are nonrefundable. FITCHICKEN reserves the right, at any time and at its sole discretion, to change any fees and any other pricing terms. Any changes shall be posted on the FITCHICKEN website and will be effective immediately.

13. Authorization; Invoice. FITCHICKEN will invoice you on a monthly basis, in advance, for all amounts due to FITCHICKEN. Each invoice shall set forth the fees to be incurred by you in the forthcoming month (a “FITCHICKEN Invoice”). We agree to post each FITCHICKEN Invoice to your account within one (1) week of the first day of the applicable calendar month (the “Invoice Posting Date”). By adding a credit card to your account, either during registration or at any time thereafter, you warrant that such credit card is good and valid, and you authorize FITCHICKEN to charge such credit card for amounts due under the FITCHICKEN Invoices pursuant to the payment schedule set forth in this Section 13. Payment Schedule: For each FITCHICKEN Invoice, FITCHICKEN will charge to the credit card listed in your account all undisputed amounts of such FITCHICKEN Invoice seven (7) days after the Invoice Posting Date. You are responsible for logging in and timely reviewing any FITCHICKEN Invoice. All amounts on a FITCHICKEN Invoice shall be deemed to be undisputed unless you submit a disputed charge claim to us pursuant to Section 15 below. Once an amount has been charged to your credit card, it is nonrefundable.

14. Nonpayment. If, for whatever reason, FITCHICKEN charges your credit card pursuant to Section 12 above, and the payment does not go through, FITCHICKEN reserves the right to suspend your access to the Services. If you fail to pay the applicable invoice within five (5) days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, FITCHICKEN reserves the right to cancel your account. In the event FITCHICKEN cancels your account for non-payment, all amounts due and unpaid from you to FITCHICKEN for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this Section 14, FITCHICKEN reserves the right to seek payment using any remedies allowed to it by law.
15. Disputed Charges. If you wish to dispute any charge invoiced to you by FITCHICKEN, you agree to submit the disputed charge to us no later than five (5) business days after the FITCHICKEN Invoice containing the disputed charge is posted to your account. You are responsible for logging in and timely reviewing any FITCHICKEN Invoice. You may submit a disputed charge by contacting us through the FITCHICKEN website, via the My Account Page when you are logged in, or by email, facsimile, telephone, or mail. We agree to review your message and work with you to find a timely solution. We will not charge your credit card for any disputed amounts until such dispute has been resolved, as evidenced in a written agreement signed by both parties.

16. Publicity. Any use of FITCHICKEN's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with this Agreement and pursuant to written consent obtained from Planitfit LLC, in its sole and absolute discretion.

17. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to FITCHICKEN at http://www.FITCHICKEN.com/accounts; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. FITCHICKEN may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless FITCHICKEN has previously canceled or terminated your use of the Services (in which case subsequent notice by FITCHICKEN shall not be required), if you have provided an alternate email address, FITCHICKEN will notify you via email of any such termination or cancellation, which shall be effective immediately upon FITCHICKEN's delivery of such notice. Sections 3, 4, 5, 7, and 11 - 13 of the Agreement, shall survive expiration or termination.

18. Indemnification. You agree to hold harmless and indemnify FITCHICKEN, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, FITCHICKEN will provide you with written notice of such claim, suit or action.

19. Responsibilities. FITCHICKEN is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that FITCHICKEN has no liability or responsibility for the storage or deletion of any User Submissions. FITCHICKEN reserves the right, but not the obligation, to remove any User Submissions at its discretion. We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect our rights and the right of others.

20. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of such courts.