JQ4 Pty Ltd Trading As TAPfit operates this website TAPfit.com.
1. DISCLAIMERS AND WARRANTIES:
This Site is for Informational Purposes Only and Does Not Provide Medical Advice.
THE SITE AND CONTENT OFFER HEALTH, FITNESS AND NUTRITION RELATED INFORMATION, BUT ARE DESIGNED FOR NON-COMMERCIAL, INFORMATIONAL PURPOSES ONLY.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JQ4 PTY LTD TRADING AS TAPFIT, EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NEITHER TAPFIT NOR THE SITE PROVIDES MEDICAL ADVICE. THIS SITE IS FOR CONSUMER EDUCATIONAL USE ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
THE SITE, INCLUDING THE CONTENT AND ANY RELATED SERVICES OR INFORMATION, DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.
IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, DOCTOR OR OTHER HEALTH-CARE PROFESSIONAL.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE CONTENT. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE CONTENT IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY CONTENT IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR COUNSELING CARE. FOR THE PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, THE PRACTICE OF PHARMACY, NUTRITION AND FITNESS COUNSELING OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL TOPICS DISCUSSED ON THE SITE OR THROUGH THE CONTENT AND NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THE SITE OR THE CONTENT WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. YOUR ACCESS OR USE FO THE SITE AND THE CONTENT DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON TAPFIT’S PART.
TAPFIT DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, CLINICS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE, INCLUDING IN ANY CONTENT. IF YOU RELY ON ANY OF THE INFORMATION PROVIDED BY THIS SITE OR THE CONTENT, OUR EMPLOYEES, OR GUESTS OR VISITORS TO THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
2. User Obligations.
You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site and Contents.
You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, TAPfit is not responsible for the security of any information transmitted to or from the Site. TAPfit reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
3. Grant of Licence
The Terms provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable licence to use the Site conditioned on your continued compliance with these Terms.
The Site and the Services are not intended for children under the age of 13 and children under 13 should not use the Sites or the Services.
In order to purchase products/services from the Site and in order to access/use some features on the Site, you may be required to establish and use an account. You may only establish an account if you are at least 18 years of age, or the legal age of majority in your state, province or country of residence, and, if you are under the age of 18 or the legal age of majority, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate on the Site, and fulfill the obligations set forth in this Agreement, which forms a binding contract between you and TAPfit.In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must:
provide accurate and truthful information, and
update such information from time to time as necessary to keep your registration information current and accurate.
By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
4. Intellectual Property, Copyrights & Trademarks
You acknowledge and agree that the Site and Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of TAPfit or our content providers.
All copyrights, trademarks, and other proprietary rights on the Site and in the Content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by TAPfit on the Site or elsewhere are reserved to TAPfit and its licensors.
The Site and Content are the property of TAPfit, and its licensors and are protected by International Copyright laws.
The following are TAPfit’s registered trademarks: TAPfit among other terms and logos.
In addition, the Site may contain trademarks, logos, and links to third party websites. Any third party domain names, URLs, trademarks or logos appearing on the Site or in the Content are the sole property of their respective owners.
5. User Guidelines
TAPfit will remove from the Site any messages TAPfit deems as inappropriate. TAPfit reserve the right to make all final decisions as to what is considered proper and improper.
TAPfit reserves the right, without notice, to prohibit use of the Site by any user who, in our sole discretion, violates the Terms. Such a prohibition may occur without notice to the user. If you believe another user is violating the Terms, you may notify us, and we will work in good faith to resolve such issues.
TAPfit has no obligation to monitor the Site or the Content and are not responsible for the accuracy or reliability of any of the Content or for any defamatory, offensive, or illegal conduct or statement by any user of the Site.
TAPfit reserves the right to investigate suspected violations of the Terms, including gathering information from the user or users involved and the complaining party.
You hereby authorize TAPfit and its agents to cooperate with law enforcement authorities in the investigation of suspected criminal violations; and system administrators at Internet Service Providers or other network or computing facilities, or other third parties, in order to enforce the Terms. Such cooperation may include the disclosure of personally identifying information.
BY ACCEPTING THE TERMS, YOU WAIVE AND HOLD HARMLESS TAPfit FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF TAPfit DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATIONS.
In connection with your use of the Site and/or the Content, you acknowledge and agree that you will not:
Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Content;
Access the Site or Content by any means other than through the standard industry-accepted or TAPfit provided interfaces;
Post or transmit any material that contains a virus or corrupted data or Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Site;
Violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Content for any purpose that is prohibited by these Terms;
Delete any author attributions, legal notices or proprietary designations or labels;
Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. TAPfit does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
Manipulate or otherwise display the Site and/or the Content by using framing or similar navigational technology;
Register, subscribe or unsubscribe any party for any TAPfit product or service if you are not expressly authorized by such party to do so;
Use the Site or the Content in any manner that could interfere with any other user's use and enjoyment of the Site and/or the Content;
Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others or post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
Gain or attempt to gain unauthorized access to any of the Site, Content, accounts, computer systems or networks connected to TAPfit through hacking, password mining or any other mean or Impersonate any person or entity or attempt to gain unauthorized access to TAPfit’s or any other person’s computers, software, or data or Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Content or harvest or otherwise collect information about other users without their consent;
Post or upload personal information, pictures, videos or any other media of another person without their express permission or Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
Post statements or materials that misrepresent your affiliation with any entity and/or TAPfit
Use the site in any manner that could damage, disparage, or otherwise negatively impact TAPfit.
Any user failing to comply with these guidelines may be expelled from and refused continued access to the Site in the future. TAPfit or its designated agents may remove or alter any user-created content at any time for any reason.
6. Commercial Transactions.
Certain products or services may be offered for sale on the Site or through the Content. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by TAPfit or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing TAPfit with your credit card number and associated payment information, you agree that TAPfit and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Content and/or purchase of products. In the event that access to an applicable Content requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify TAPfit of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and legal and attorneys' fees.
7. Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not TAPfit. Neither TAPfit, its Affiliates nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, TAPfit is not responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Site or Content by anyone other than an authorized TAPfit representative while acting in his/her official capacity. You may be exposed through the Site or Content to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Site and Content at your own risk. We take no responsibility for your exposure to third party content on the Site, TAPfit, its licensors, or the Content. TAPfit does not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Site or through the Content, nor are we responsible for misuse of a product or procedure due to typographical error.
9. Accounts, Passwords and Security.
If the Site or Content requires you to open an account, you must complete the registration process by providing TAPfit with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to TAPfit which is untrue, inaccurate, not current or incomplete, TAPfit reserves the right to terminate your access and use of the Site and/or the Content. As part of the registration process, you will be asked to enter an email and password and/or select a username. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify TAPfit immediately of any unauthorized use of your account or any other breach of security. TAPfit will not be liable for any loss that you may incur as a result of someone else using your password and/or your account, either with or without your knowledge. You may be held liable for any losses incurred by TAPfit or another party due to someone else using your account or password.
10. Linking to the Site.
We reserve the right to disallow you to link to the Site at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:
The link must be a text-only link that clearly includes the URL of the Site;
If the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page.
The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us;
The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
11. Disclaimer Regarding Linked Third Party Sites.
Some links on the Site and/or Content will direct you to leave the Site or Content you are accessing in order to access a linked third party site (the "Linked Sites"). TAPfit provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has TAPfit reviewed or approved the content which appears on the Linked Sites. TAPfit is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that TAPfit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
12. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Site and Content, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that TAPfit shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
14. Disclaimer of Warranties.
THE SITE AND THE CONTENT, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAPfit AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR THE SERVICES.
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.
15. Limitation of Liability.
NEITHER TAPfit NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TAPfit OR ITS LICENSORS, AFFILIATES TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold TAPfit and its Licensors and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or the Services.
17. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by TAPfit infringe your copyright, you or your agent may send to TAPfit a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon TAPfit actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to TAPfit a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed;
Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Everyday Health's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: Alan Shapiro; Address of Agent: 345 Hudson Street, 16th Floor, New York, NY 10014; Telephone: (646) 728-9500; Fax: (646) 728-9501; E-mail for notice: DMCA@everydayhealthinc.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
18. Jurisdictional Issues.
TAPfit makes no representation or warranty that the content and materials on the Site or the Services are appropriate or available for use in locations outside Australia . Those who choose to access the Site or use the Content from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. TAPfit reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site or the Content to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that TAPfit, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Content, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
20. Governing Law.
These Terms and the relationship between you and TAPfit shall be governed by and construed in accordance with the laws of the State Queensland Australia, without regard to its conflict of law provisions. You and TAPfit irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Queensland in Australia, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
21. Waiver and Severability.
The failure of TAPfit to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
22. Successors and Assigns.
We may perform any of our obligations or exercise any of our rights under this Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If TAPfit or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this Terms. You may not assign your rights or obligations under this Terms, by operation of law or otherwise, without our prior written consent.
23. Subscriptions, Free Trials, Billing and Subscription Cancellation.
Ongoing Subscription. Your TAPfit Online Studio or TAPfit Instructor Program Subscription, which may start with a free trial, will continue month-to-month and will renew on every renewal period unless and until you cancel your Subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the TAPfit Online Studio Subscription service or Tapfit Instructor Program service. We will bill the monthly Subscription fee to your Payment Method. You must cancel your Subscription before it renews each month in order to avoid billing of the next month's Subscription fees to your Payment Method.
Differing Subscriptions. We may offer a number of Subscription plans, including special promotional plans or Subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Subscription with TAPfit Online Studio or TAPfit Instructor Program Subscription by visiting our website and clicking on the link. Some promotional Subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered Subscription plans.
Your Subscription may start with a free trial. The free trial period of your Subscription may last for one week, one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. TAPfit reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly Subscription fees at the end of the free trial period of your Subscription unless you cancel prior to the end of the free trial period. To view the specific details of your Subscription, including monthly Subscription price and end date of your free trial period, visit our website and click the "View billing details" link on the online portal. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
You will not receive a notice from us that your free trial period has ended or that the paying portion of your Subscription has begun. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF THE ONLINE PORTAL WEB PAGE TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on the agreed and accepted basis for your Subscription fee for your Subscription plan until you cancel.
Recurring Billing. By starting your TAPfit Subscription and providing or designating a Payment Method, you authorize us to charge you a monthly Subscription fee at the then current rate, and any other charges you may incur in connection with your use of the TAPfit service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
No Refunds for Subscriptions. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by contacting us. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your TAPfit Subscription at any time, and you will continue to have access to the TAPfit service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel refer to our cancellation policy. If you cancel your Subscription, your account will automatically close at the end of your current billing period.
We may modify these Terms at any time, as we deem appropriate. If you disagree with the changes to the Terms, you must discontinue your use of the Site and Contents, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Contents following such notice signifies your acceptance of the modified Terms. It is your responsibility to review the Terms regularly to be aware of such modifications. We reserve the right to modify or discontinue the Site or Contents with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Contents. If you object to any such changes, your sole recourse will be to cease access to the Site or Contents. Continued access to the Site or Contents following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Contents as so modified and your use of new Services will be governed by these Terms.