1. Member Account, Password And Security

1.1 To open an account, or join a GoFitnessMarketing email newsletter you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form and nominating a password and account name (businesses only). You agree to maintain and update this Registration Data as required to keep it current, complete, and accurate.

1.2 You agree that GoFitnessMarketing may disclose to third parties your Registration Data in aggregate form. Such disclosures will not include your name, mailing address, email address, account and phone number, unless:

a. You expressly authorise the disclosure; or
b. GoFitnessMarketing is required to make such disclosures by law.

2. Security

2.1 Where relevant, you must ensure that your password and account name are kept secure, confidential, and not revealed to any other person. Furthermore, you are entirely responsible for any and all activities that occur under your account.

2.2 You agree to notify GoFitnessMarketing immediately of any unauthorised use of your account or any other breach of security.

3. Modify Service

3.1 GoFitnessMarketing may modify, suspend or discontinue the Service or any service from time to time in its absolute discretion.

4. Member Privacy

4.1 It is the policy of GoFitnessMarketing to respect the privacy of its members. For more information, see the GoFitnessMarketing privacy policy.

4.2 You agree that GoFitnessMarketing may send email, newsletters and other forms of communications (whether or not in electronic form) to you from time to time.

4.3 You agree that GoFitnessMarketing may access your account as provided for in its privacy policy or in order to respond to service or technical issues.

5. Member Conduct

5.1 You agree that:

a. you will not use the Service for any purpose that is unlawful or prohibited by these TOS;
b. you will use the Service solely for personal messages and will not use the Service for commercial purposes, including without limit the resale of the Service.
c. you will comply with all relevant laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.

5.2 You agree that you will not use the Service to directly or indirectly:

a. conduct surveys, contests, pyramid schemes, chain letters, junk email, spamming or any other duplicative or unsolicited messages (commercial or otherwise);
b. defame, abuse, harass, stalk or threaten others;
c. publish or distribute any defamatory, obscene, indecent or unlawful material or information;
d. advertise or offer to sell or buy any goods or services;
e. collect information about others, including email addresses, without their consent;
f. create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
g. transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer programs;
h. transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
i. interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
j. attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
k. violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service;
l. interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.

5.3 GoFitnessMarketing is not obliged to but may monitor your and other users use of the Service.

GoFitnessMarketing may monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

6. Links To Third Party Sites

6.1 The links included within the service may let you leave the service web sites ("linked sites"). The linked sites are not under the control of GoFitnessMarketing and GoFitnessMarketing is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.

6.2 GoFitnessMarketing is not responsible for web casting or any other form of transmission received from any linked site. GoFitnessMarketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GoFitnessMarketing of the site or any association with their operators.

7. Limitation of Liability

7.1 GoFitnessMarketing will not be liable to you in respect of any loss or damage which may be suffered or incurred by you or which may arise either directly or indirectly or in respect of your use of the Service. To the extent permitted by law GoFitnessMarketing shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if GoFitnessMarketing has been advised of the possibility of damages. Without limitation, GoFitnessMarketing will not be liable to you for losses arising directly or indirectly from any:

a. failure by GoFitnessMarketing to provide the Service;
b. for any corruption to or loss of data;
c. errors or interruption to the Service;
d. defects, faults or viruses;
e. changes, suspension or discontinuance of the Service;
f. failure to make any changes or improvements to the Service;
g. use or results of the use of the Service or the materials made available as part of the Service which are not correct, accurate, timely, or otherwise reliable;
h. threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights;
i. content sent using and/or included in the Service by any third party; or
j. deletion of emails or instant messages; or
k. contractual or other relationship you enter into with any advertiser appearing on the GoFitnessMarketing web site or the Service.

8. Exclusion of Warranties

8.1 The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by GoFitnessMarketing of goods or services on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights"). GoFitnessMarketing does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Without limitation and excepting the Non excludable Rights:

a. GoFitnessMarketing makes no express representations about the suitability, reliability, availability, timeliness and accuracy of the Service for any purpose. The Service is provided "as is" and to the extent permitted by law, GoFitnessMarketing hereby disclaims all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
b. GoFitnessMarketing does not warrant or make any representation regarding your access to, or the results of your access to, the Service (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

9. Indemnification

9.1 You agree to indemnify and hold GoFitnessMarketing, officers and employees, harmless from any claims, actions, applications, arbitration, causes of action, complaints, costs, debts due, demands, terminations, enquiries, judgments and verdicts, at law, in equity or arising under any statute or award (including legal costs), by any third party due to or arising out of your use of or conduct on the Service, including without limit:

a. Your breach of these TOS
b. Your failure to comply with the TOS.

10. Termination

10.1 GoFitnessMarketing may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. GoFitnessMarketing may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by GoFitnessMarketing. Upon termination of Service, your right to use the Service immediately ceases.

10.2 If you wish to terminate your account, your only recourse is to discontinue your use of the Service and notify GoFitnessMarketing that you have terminated your membership.

10.3 Upon termination, your right to use the Service ceases and GoFitnessMarketing is thereafter not obliged to forward any unread or unsent email to you or any third party.

11. Relationship with advertisers

11.1 Any dealings with any advertiser appearing on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. GoFitnessMarketing is not responsible or liable for any part of any such dealings or promotions.

12. GoFitnessMarketing may amend these Terms of Service

12.1 GoFitnessMarketing may amend the TOS or policies regarding the use of the Service from time to time. GoFitnessMarketing will post any update[s] to the TOS on this Web site. By continuing to use the Service, you agree to be bound by the amended TOS.

13. General

13.1 These terms of service are governed by the laws of New South Wales and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales.

13.2 In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.

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