Conditions of Use
Welcome to FitPerez.com! FitPerez.com provides its services to you subject to the following conditions. If you visit FitPerez.com, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to FitPerez.com, to understand our practices.
When you visit FitPerez.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FitPerez.com, its affiliates or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FitPerez.com and its affiliates and protected by U.S. and international copyright laws. All software used on this site is the property of FitPerez.com or its software suppliers and protected by United States and international copyright laws.
PEREZ HILTON, FITPEREZ.COM, and other website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FitPerez.com or its affiliates in the U.S. and/or other countries. FitPerez.com’s trademarks and trade dress may not be used in connection with any product or service that is not Perez Hilton’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FitPerez.com or Perez Hilton. All other trademarks not owned by FitPerez.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FitPerez.com or its affiliates.
LICENSE AND SITE ACCESS
FitPerez.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FitPerez.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FitPerez.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FitPerez.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing FitPerez.com’s name or trademarks without the express written consent of FitPerez.com. Any unauthorized use terminates the permission or license granted by FitPerez.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FitPerez.com so long as the link does not portray FitPerez.com, Perez Hilton, any affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FitPerez.com or Perez Hilton logo or other proprietary graphic or trademark as part of the link without express written permission.
NO MEDICAL ADVICE
The contents of FitPerez.com, such as text, graphics, images, information obtained from FitPerez.com’s licensors, and other material contained on FitPerez.com ("Content") are for informational and entertainment purposes only. The Content is not intended to be a substitute for professional medical, nutritional or fitness advice, diagnosis, therapy or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have prior to starting any new diet, exercise regimen or any question you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, seen or heard on FitPerez.com.
If you think you may have a medical emergency, call your doctor or 911 immediately. FitPerez.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on FitPerez.com. Reliance on any information provided by FitPerez.com, Perez Hilton, FitPerez.com employees, others appearing on FitPerez.com at the invitation of FitPerez.com, or other visitors to FitPerez.com is solely at your own risk.
FitPerez.com may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use FitPerez.com.
We are committed to protecting the privacy of children. FitPerez.com is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions FitPerez.com for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FitPerez.com does NOT sell products for children, but it may sell them to adults, who can purchase with a credit card. FitPerez.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FitPerez.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, including emails sent to official email addresses of FitPerez.com, Perez Hilton (including personal email addresses of principals and employees of FitPerez.com) or Perez Hilton’s agents, employees, affiliates or assigns, and unless we indicate otherwise, you automatically grant FitPerez.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FitPerez.com and its affiliates and sublicensees the right to use all information including, without limitation, the name, address, business name, phone number and email address that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by FitPerez.com and/or by any person authorized by FitPerez.com by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FitPerez.com or its affiliates for all claims, injuries, costs and expenses resulting from content you supply. FitPerez.com has the right but not the obligation to monitor and edit or remove any activity or content. FitPerez.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Any and all correspondence sent to FitPerez.com, Perez Hilton or his agents, employees, affiliates or assignees, including any documentation, images, or personal information in the content of such correspondence, are considered property of FitPerez.com. FitPerez.com reserves the right to reproduce such correspondence, in whole or in part, in any media. You agree that you or your successors, licensees or assigns, will not at any time claim or assert that any information in connection with such content published by FitPerez.com or its affiliates constitutes a violation of any of your rights, including, without limitation, your right to privacy, publicity, false light, and the right to bring and prosecute an action for defamation. You hereby release FitPerez.com, Perez Hilton, its successors, assigns, licensees, agents, employees and affiliates of and from any and all claims by or under your authority arising out of the publication of any correspondence you send to us.
CONTRIBUTIONS TO FITPEREZ.COM
From time to time, if ever, FitPerez.com may expressly request submissions of ideas, concepts, stories or other potential content (“Contributions”) from you. Please carefully read any specific rules or other terms and conditions which appear on the website which govern those submissions. If no additional terms govern those submissions, then these Conditions of Use will apply in full to any Contributions you make.
By submitting your Contributions, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) FitPerez.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FitPerez.com shall be entitled to use or disclose (or choose not to use or disclose such Contributions for any purpose, in any way, in any media worldwide; (d) FitPerez.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of FitPerez.com without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from FitPerez.com under any circumstances.
FitPerez.com may make certain forums available that allow registered users and visitors the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively “Forums”). All participants in these Forums are solely responsible for the information and other content the post on and through these Forums and should be aware that when they voluntarily disclose personal information on or through these Forums, that such information is generally accessible to and may be collected and used by other participants and may result in unsolicited online and offline messages from such viewers. Participants in these Forums are encouraged to exercise discretion when providing personal information about themselves in and through Forums.
FitPerez.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted on or through the website by any party, nor does FitPerez.com endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of FitPerez.com.
FitPerez.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we may work with you to resolve the situation.
RISK OF LOSS
Any items purchased from FitPerez.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FITPEREZ.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. FITPEREZ.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FITPEREZ.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FITPEREZ.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FITPEREZ.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FITPEREZ.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WITHOUT LIMITING THE FOREGOING, FITPEREZ.COM, ITS LICENSORS, AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
1. THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF FITPEREZ.COM.
2. THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON FITPEREZ.COM.
NO ORAL ADVICE OR WRITTEN INFORMATION TRANSMITTED OR COMMUNICATED BY FITPEREZ.COM, PEREZ HILTON, ANY AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. YOU AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH FITPEREZ.COM, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF FITPEREZ.COM OR ANY MATERIAL, INFORMATION OR PRODUCTIONS FOUND ON OR ASSOCIATED WITH FITPEREZ.COM.
OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER FITPEREZ.COM NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, NUTRITIONAL, FITNESS, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless FitPerez.com, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to FitPerez.com from and against all losses, injuries, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. FitPerez.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with FitPerez.com in asserting any available defenses.
EXTERNAL LINKS DISCLAIMER
FitPerez.com routinely contains links to external, third party websites. By providing links to other sites, FitPerez.com does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to FitPerez.com.
FitPerez.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visitors to FitPerez.com assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
By visiting FitPerez.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FitPerez.com or its affiliates.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in Los Angeles County, California, before one (1) arbitrator. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures at the Los Angeles office of JAMS including the Optional Appeals Procedure. The arbitrator shall be a disinterested attorney or retired judge experienced in entertainment matters. Such arbitration shall include discovery proceedings as provided under Section 1283.05 of the California Code of Civil Procedure. Judgment on any award may be entered in any court of competent jurisdiction. The Parties hereto consent to the jurisdiction of the Superior Court of the State of California, Central Judicial District, for purposes of enforcing this arbitration agreement and proceedings and entry of judgment on any award and further consent that any process or notice of motion or other application to the Court or the judge thereof may be served by certified or registered mail, return receipt requested. The prevailing party shall be awarded costs and reasonable attorneys fees associated with the arbitration.
The arbitration will be conducted in private, and will not be open to the public or the media. No matter relating to the arbitration, including, without limitation, the nature of the dispute, testimony, evidence or result may be made public, reported to any news agency or publisher or disclosed to party not involved in the arbitration. Since a public hearing or arbitration arising hereunder might cause disclosure of confidential information contrary to the intent of the parties, the parties hereby stipulate that, in the event there is litigation or arbitration arising out of this Agreement, all Proprietary Information or other confidential information, including the terms and conditions of this Agreement, shall be filed under seal and the court or the arbitrator(s) may issue a protective order restricting the disclosure and limiting the use of such information to any such proceedings.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Return Policy and Privacy Notice, posted on this site. These policies also govern your visit to FitPerez.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Your continued use of the site will be deemed as irrevocable acceptable of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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