Terms of Service
1. Your Acceptance
2. GritBit.com Description of Service
GritBit.com is an online application that allows you to log and analyze your fitness workouts. Our tool Site and Service allows you to track your workout gains and your fitness level. Gritbit.com is the place for people who have a passion for working out.
3. User Accounts
You may visit our Site without registering. However, you’ll need to sign up for an account to use any of our Services. When creating an account we will collect your name, email and birthdate. Our Site will also collect your physical characteristics which may include your height, weight and gender. If you use any of our paid services, your information will be collected and stored by our payment processor PayMill. We may also ask you for additional information if necessary.
4. Your Responsibilities
You are responsible for your use of GritBit.com, and for any use of GritBit.com made using your account.
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to act in a respectful and courteous manner at all times while using our Site and Service;
- You agree that you are solely responsible for any encounters with third parties listed on our Site and Service;
- You agree not to speak hatefully, stalk or otherwise harass other users;
- You agree not to misappropriate any of our intellectual property;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to GritBit.com;
- You agree not to collect or store personal information about other end users;
- You agree not to interfere with or disrupt GritBit.com;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You agree to not violate any law or regulation and you are solely responsible for such violations;
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services;
- You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
- You are expressly prohibited from accessing GritBit.com through a virtual private network or by proxy.
We may suspend or revoke your access if you fail to abide by these rules or at our discretion.
5. Results May Vary
Please be aware that GritBit.com makes no guarantees that you will become healthier or lose weight using the GritBit.com Site and Service. We merely provide a tracking tool for people who enjoy fitness. Please consult your physician or other healthcare professional before undertaking any workout regimen. You use the GritBit.com Site and Service at your own risk.
6. User Posting
By submitting any content to our Site and Service, you hereby represent and warrant that you own all rights to your content or, alternatively, that you have the right to give us the license described in Section 7. You also promise that you have paid and will pay in full all fees or other payments related to the use of your content. Finally, you promise that your content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You understand that when using the GritBit.com Service you will be exposed to content from a variety of sources, and that GritBit.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content is not the responsibility of GritBit.com. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GritBit.com with respect thereto, and agree to indemnify and hold GritBit.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
7. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on GritBit.com including our layout, arrangements and our workout log system. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data or designs, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
8. Your Copyright
Any content submitted by you will be owned by you. However, you agree to grant GritBit.com and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through GritBit.com or any other medium currently invented or invented in the future. We reserve the right to display advertisements and to use your content to advertise and promote GritBit.com. The foregoing license granted by you terminates once you remove your content from our Site
9. Access to Our Service and Limited License
Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted.
You agree not to distribute any content found on our Site and Service without our prior written authorization, unless such distribution is through functionality offered by our Service. You agree not to access content through any technology or means other than through our Site or Service or otherwise authorized by us.
After browsing our Site you may be interested in subscribing to our Service. You will be required to submit payment information to do so. To process our payments we use our third party payment processor PayMill. Your payment information will be collected and stored with them. You must agree with their terms and conditions before paying for any of our Services.
At GritBit.com we offer a premium monthly subscription Service. After purchasing you may cancel our Service at any time. However, if you are actively subscribed and do not cancel our Service, your subscription will be automatically renewed on a monthly basis. You may at our option also be offered a discount yearly subscription.
If you are unsatisfied with our Service you can cancel your subscription by contacting us at firstname.lastname@example.org.
12. Beta Subscriptions
Some users may be offered free beta subscriptions. Please be aware that we reserve the right to revoke these beta subscriptions at any time.
At GritBit.com we want to you to be satisfied with your use of our paid Services. If you are unsatisfied with our Service you may cancel your subscription and receive a full refund within seven (7) days of your purchase. Please be aware that no refunds will be granted after seven days.
14. Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your GritBit.com account, you are solely responsible for properly cancelling your account, please contact us at email@example.com. Cancellation may result in the immediate deactivation of your account. However, although your information will be inaccessible, we may keep copies for a commercially reasonable time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
16. Limitations on Liability
IN NO EVENT SHALL GRITBIT.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PRODUCTS MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF SUCH LIMITATION OF LIABILITY IS PROHIBITED IN YOUR JURISDICTION WE ARE LEGALLY LIABLE FOR THE LOWEST LEGAL AMOUNT UP AND TO $100 DOLLARS US.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT. GRITBIT.COM IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY SERVICES PURCHASED FROM OUR SITE.
17. Representations and Warranties
OUR SITE AND SERVICE IS OFFERED “AS-IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to defend, indemnify and hold harmless GritBit.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the GritBit.com Service;
- your violation of any term of these Terms of Service;
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
19. DMCA Notices
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent firstname.lastname@example.org. Although the EU does not have a formalized take down notice policy, if you reside within the EU please follow the procedures outlined above.
20. Third Party Links
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
21. Freedom of Speech
At GritBit we allow users to create content which is user-generated and respect the fundamental right to speak freely. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their content to our Service, we are not liable for any defamatory content posted on our website if published by a third party. We are a passive service that only hosts content generated by users we do not alter or produce any content submitted. Although we may choose to edit or delete any clearly defamatory or illegal content, we are not required to, and we reserve all defenses for such speech made available to us by Directive 2000/31/EC or Section 230 of the Communications Decency Act, applicable statutes, the common law and any laws within the European Union or the US Constitution.
22. COPPA and International Age Compliance
GritBit.com and its Services may only be used by persons over 18 years and older. If you are under the age of 18 please do not submit any information to us and please stop using our Site and Service immediately.
23. Choice of Law
This Agreement shall be governed by the laws in force in Belgium. The offer and acceptance of this contract is deemed to have occurred in Belgium.
24. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Sint-Niklaas, OV Belgium. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
25. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, GritBit.com shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and may contact you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
30. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about GritBit.com must be addressed to our agent for notice and sent via certified mail to: Agent of GritBit.com, Driekoningenstraat 145, Sint-Niklaas, OV, 9100 Belgium .
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: February 5, 2013