Last Updated: March 1, 2008

Welcome to the User Agreement for FitnessChum®, a product of ChumWorld™ which is a subsidiary of Bit Economics LLC. This agreement describes the terms on which you may access and use our services. In order to become a FitnessChum® user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the FitnessChum® Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the FitnessChum® service indicates your acceptance of the amended User Agreement.

Description of Service

FitnessChum® is an online service offered to enable sport- and fitness-minded people to find and connect with other like-minded people more effectively (the “FitnessChum® Service”). Whether looking for a training partner, a mentor or a competitor, FitnessChum® users can make contact with thousands of others who are users of the FitnessChum® Service.

Membership Eligibility

The FitnessChum® Service is not directed at nor available to minors under the age of 16 or to any users suspended or removed from the system by FitnessChum® for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their FitnessChum® account to another party. If you do not qualify, you may not use the FitnessChum® Service.

Use of Service

Your use of the FitnessChum® Service is governed by this User Agreement. FitnessChum® may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify FitnessChum® of any unauthorized use of your password or account or any other breach of security. FitnessChum® cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that FitnessChum® may, with or without cause, immediately terminate your FitnessChum® account and access to the FitnessChum® Service without prior notice. Without limiting the foregoing, the following will lead to a termination by FitnessChum® of a user’s use of the FitnessChum® Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your FitnessChum® account includes removal of access to all offerings within the FitnessChum® Service and may also bar you from further use of the FitnessChum® Service. Furthermore, you agree that all terminations shall be made at FitnessChum®’s sole discretion and that FitnessChum® shall not be liable to you nor any third-party for any termination of your account or access to the FitnessChum® Service.

User Conduct

You understand and agree not to use FitnessChum® to:

Post photos that violate our community standards (G-Rated) or are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Use the FitnessChum® Service for any illegal purpose, including but not limited to conspiring to violate laws.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using FitnessChum® invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using FitnessChum® to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Stalk or harass anyone.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the FitnessChum® Service.
Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
Interfere with or disrupt the FitnessChum® Service or servers or networks connected to the FitnessChum® Service, or disobey any requirements, procedures, policies or regulations of networks connected to the FitnessChum® Service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website

In the course of using the FitnessChum® Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the FitnessChum® website or otherwise providing materials to FitnessChum®, you are granting Bit Economics LLC and its subsidiaries a royalty-free, perpetual, irrevocable license to use this information in the course of offering the FitnessChum® service. Furthermore, you understand that FitnessChum® retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the FitnessChum® Service is the sole responsibility of the person from which such content originated and that FitnessChum® will not be liable for any errors or omissions in any content. You understand that FitnessChum® cannot guarantee the identity of any other users with whom you may interact in the course of using the FitnessChum® Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the FitnessChum® website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

FitnessChum® Communications

In the course of providing you services, FitnessChum® may need to communicate with you via email (see the Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the FitnessChum® Service, including a series of up to five welcome emails which help inform new users about various features of the FitnessChum® Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the FitnessChum® Service.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the FitnessChum® Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You may use the "Report Abuse" button from any user's profile to let us know of content or communications they have submitted that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees

Signing up for a basic FitnessChum® account is free. Certain other services may be provided for free only to beta users. FitnessChum® reserves the right to charge for the FitnessChum® Service or any portion thereof, modify the pricing of, add to, or discontinue the FitnessChum® Service or any portion thereof without prior notice.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Bit Economics LLC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the FitnessChum® Service; ii) unauthorized access to or alteration of your communications with or through the FitnessChum® Service, or iii) any other matter relating to the FitnessChum® Service. Any business transactions which may arise between users from their use of FitnessChum® are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that FitnessChum® may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of FitnessChum® , its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE FITNESSCHUM® SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT FITNESSCHUM® DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. FITNESSCHUM® ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. FITNESSCHUM® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FITNESSCHUM® MAKES NO WARRANTY THAT (i) THE FITNESSCHUM® SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE FITNESSCHUM® SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FITNESSCHUM® SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FITNESSCHUM® SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FITNESSCHUM® SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FITNESSCHUM® OR THROUGH OR FROM THE FITNESSCHUM® SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

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 MAY NOT APPLY TO YOU.

Entire Agreement

The User Agreement constitutes the entire agreement between you and FitnessChum® and governs your use of the FitnessChum® Service, superseding any prior agreements between you and FitnessChum®.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FITNESSCHUM® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FITNESSCHUM® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL FITNESSCHUM®’S TOTAL CUMULATIVE DAMAGES EXCEED US$10.

Governing Law

The User Agreement between you and FitnessChum® Corporation will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

General Information

FitnessChum®, the FitnessChum® logo, and other FitnessChum® logos and names are trademarks of Bit Economics LLC. You agree not to display or use these trademarks in any manner without FitnessChum® ’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to: ClickToSeeTheAddress@biteconomics.com

Privacy Policy

Last Updated: May 8, 2008

Your privacy is our top concern. We work hard to earn and keep your trust, so we adhere to the following principles to protect your privacy:

We will never rent or sell your personally identifiable information to third parties for marketing purposes
We will never share your contact information with another user, without your consent.
Any sensitive information that you provide will be secured with all industry standard protocols and technology

Notice of all changes that materially affect ways in which your personally identifiable data may be used or shared will be posted in updates to our Privacy Policy. If you continue to use the FitnessChum® service after notice of changes have been sent to you or published on our site, you hereby provide your consent to the changed practices

Please read this Privacy Policy to learn more about:

What personally identifiable information of yours is collected by FitnessChum®.
How the information is used.
With whom the information may be shared.
How you can access and change your Account information.
What security procedures are in place to protect the loss, misuse or alteration of information collected by FitnessChum®.
How to contact us.

Information Collection

Registration

In order to become a FitnessChum® user, you must first create an account on this web site. To create an account you are required to provide the following valid contact information: A valid email address, to which a temporary or recovery password or any alerts for which you've registered may be emailed.

Profile Information

Once a user, you may provide additional information in the Profile section including but not limited to birth date, ZIP/postal code, along with your sporting activities, and your matching preferences. Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself and find new matches in the FitnessChum® system.

Information about your Contacts

In order to invite others to connect with you directly in FitnessChum®, you will enter their names and email addresses. This information will be used by FitnessChum® to send your invitation including a message that you write. The names and email addresses of people that you invite will be used only to send your invitation and reminders.

Cookies & Log Files

Like most web sites, FitnessChum® uses cookies and web log files to track site usage. A cookie is a tiny data file which resides on your computer which allows FitnessChum® to recognize you as a user when you return to our site using the same computer and web browser. Unfortunately, if your browser settings do not allow cookies, you will not be able to use our website. Like the information you enter at registration or in your Profile, cookie and log file data is used to customize your experience on the web site.

One type of cookie, known as a “persistent” cookie, may be set once you’ve logged in to your FitnessChum® account. The next time you visit the FitnessChum® web site, a persistent cookie will allow us to recognize you as an existing user so you may not need to log in before using the service. In order to access or change any of your private information (like a credit card number), however, you must log in securely again with your password even if your computer contains your persistent cookie. Additionally, if you log out of the FitnessChum® site you will need to re-enter your password the next time you visit in order to log in to your account. Another type of cookie, called a “session” cookie, is used to identify a particular visit to the FitnessChum® site. Session cookies expire after a short time or when you close your web browser.

Due to the communications standards on the Internet, when you visit the FitnessChum® web site we automatically receive the URL of the site from which you came and the site to which you are going when you leave FitnessChum®. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your ISP. This information is used to analyze overall trends to help us improve the FitnessChum® service. The linkage between your IP address and your personally identifiable information is never shared with third-parties without your permission or except when required by law.

Web Beacons

We allow other companies, called ad networks, to serve advertisements to FitnessChum® users. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. FitnessChum® may “target” some ads to users that fit a certain general profile — for example, “female bicyclists aged 20-40.” FitnessChum® does NOT use personally identifiable information to target ads.

To deliver these ads properly, FitnessChum® may include a file, called a web beacon, from these ad networks within pages served by FitnessChum® so the networks may provide anonymized, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other websites.

Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

These general targets may also be used by ad networks to display targeted ads on other websites as a substitute for random, irrelevant ads. You will never see additional ads as a result of being a FitnessChum® user and FitnessChum® never provides personally identifiable information to any advertiser nor any third party.

Children

Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.

Information Use

FitnessChum® is an online service dedicated to helping all types of athletes more effectively connect with one another and improve their own capabilities. The personally identifiable information you choose to provide on this site is used to help you describe yourself to other users. Other information, that does not personally identify you as an individual, is collected by FitnessChum® Corporation from the site (such as, by way of example, patterns of utilization) and is exclusively owned by FitnessChum®. This information can be utilized by FitnessChum® in such manner as FitnessChum®, in its sole discretion, deems appropriate.

FitnessChum® Communications

FitnessChum® will communicate with you through email and notices posted on this website. These include a series of welcome emails which help inform new users about various features of the service. Please be aware that you will always receive certain emails from FitnessChum® related to the proper functioning of your account, such as email notices when another user in your network sends you an invitation or internal eMail, called cMail™. FitnessChum® may send you promotional information unless you have opted out of receiving such information. If you wish to opt-out of receiving promotional emails, please send a request to ClickToSeeTheAddress@biteconomics.com

Customized Content

Information you provide at registration or in your Profile section is also used to customize your experience on the web site. For example, when you login to your account we will display the screen names of new users who have recently joined your Chum network.

Information Sharing

Sharing Information With Third Parties

FitnessChum® takes the privacy of our users very seriously. We will never sell, rent, or otherwise provide your personally identifiable information to any third parties for marketing purposes. We will only share your personally identifiable with third parties to carry out your instructions and to provide specific services. For instance, we use a credit card processing company to bill users for advertising fees. These third parties do not retain, share, or store any personally identifiable information except to provide these services and are bound by strict confidentiality agreements which limit their use of such information.

We may provide aggregated data about the usage of our services to third-parties for such purposes as we deem, in our sole discretion, to be appropriate. We may segment our users by role (i.e. league owner, trainers/coaches), geographic location, sport, club, etc. If you would like to be excluded from the aggregated research or products based upon aggregated data about our users’ activities on the site, please email customer service (ClickToSeeTheAddress@biteconomics.com).

Partnering with Other Organizations to Offer Combined Services

FitnessChum® may partner with other online services to give you the combined results of both services.

Communications Between Users

Many emails you initiate through FitnessChum®, an invitation to join you send to a non-user for instance, will list your email address and name in the header of the message. Emails you initiate may also provide aggregate information about your Chum network (for instance how many people are in your network), but will never list the people to whom you’re directly connected. Other communications that you initiate through the FitnessChum® website, like a request for contact, will list your name as the initiator but will not include your personal contact information. Your contact information will only be shared with another user if both of you have indicated that you would like to establish contact with each other.

Legal Disclaimer

It is possible that we may need to disclose personal information when required by law. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on our company or to exercise our legal rights or defend against legal claims.

Accessing and Changing Your Account Information

You can review the personal information you provided us and make any desired changes to the information, or to the settings for your FitnessChum® account, at any time by logging in to your account on the FitnessChum® website and editing the information on your Profile page. You can also inactivate your account through the FitnessChum® website. If you inactivate your FitnessChum® account, we will remove your name and other personally identifiable information from our publicly viewable data. We may retain certain data contributed by you if it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained data will continue to be subject to the terms of the FitnessChum® Privacy Policy that you have previously agree to. To request that we close your account and remove your information from the FitnessChum® service, please send your request to ClickToSeeTheAddress@biteconomics.com Please send your request using the email account that you have registered with FitnessChum® under your name.

Security

In order to secure your personal information, access to your data on FitnessChum® is password-protected, and sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between your web browser and our web site. To protect any data you store on our servers we also regularly audit our system for possible vulnerabilities and attacks and we use a tier-one secured-access data center.

Changes to this Privacy Policy

FitnessChum® may update this Privacy Policy. In the event there are significant changes in the way we treat your personally identifiable information, we will display a notice on this site. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.