Terms & Conditions

Welcome to FiTMAPPED. We hope to provide you with a searchable and comprehensive database of gyms and fitness studios in select cities. You must be at least 13 years of age to use our services. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern FiTMAPPED's relationship with you.

To ensure you that we are serious please read below and note that when we use ALL CAPS, it means it is important not that we are yelling at you.

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING CONTRACT BETWEEN AMV FITLISTS, LLC ("FITMAPPED.COM "; the “Site” the “App” or "we") AND YOU ("you"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE FITMAPPED.COM WEBSITE (the "Site") THE IPHONE MOBILE APPLICATION (the “App”) OR ANY SOFTWARE, TOOLS, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE OR THE APP (COLLECTIVELY, THE "SERVICE"). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

The content of the pages of this website and App is for your general information and use only. It is subject to change without notice. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. THIS SITE AND ITS SERVICES ARE FOR CONSUMER INFORMATIONAL AND EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THIS SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. WE ALSO ADVICE USERS TO SPEAK WITH A HEALTH CARE PROFESSIONAL BEFORE STARTING ANY NEW PHYSICAL FITNESS ROUTINE OR DIET.

FiTMAPPED Disclaimer (we aren't perfect)

The information contained in this website is for general information purposes only. The information is provided by FiTMAPPED and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through FiTMAPPED you are able to link to other websites, which are not under the control of FiTMAPPED. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, FiTMAPPED takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Copyright Notice (a.k.a. Don't steal, its mean!) 

The copyrights and other rights to the materials on this Website are owned by or licensed to AMV Fitlists, LLC, including, but not limited to, the design, layout, look, appearance and graphics. You are authorized to view and download the materials at this Website only for your internal information provided that you 1) retain all notices contained in the original materials 2) only use images with surrounding text relating to the images, and 3) include the following copyright notice: © AMV Fitlists, LLC 2011. All rights reserved.

You may not, except with our express written permission, distribute or commercially exploit the content.

You may not make any part of this Website available as part of another web site whether by hyperlink framing on the internet or otherwise. This Website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Website or its content. Unauthorized use of this website by you may give rise to a claim for damages and/or be a criminal offense.

Dealings with Merchants (we gotta eat)

FiTMAPPED contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. FiTMAPPED.COM does not endorse or recommend any of the products or services advertised on the Service. FiTMAPPED.COM is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. FiTMAPPED.COM Privacy Policy is applicable only when you are on our Site. Once you link to another website, its privacy statement applies to any personal information you supply.

Posting Content on FiTMAPPED

We may provide interactive activities for the Sites' communities such as, reader ratings and reviews, saving favorite Fitness Studios or Gyms, SMS text messaging and mobile alerts (collectively, "Interactive Areas") for the enjoyment of our visitors.

FiTMAPPED may allow you to post reviews of fitness studios, gyms and other businesses ("Reviews"). Such Reviews are governed by the terms of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas. Reviews do not reflect the views of the Site, its parents, affiliates or subsidiaries, operational providers, or their respective employees, officers, directors or members. The Site does not assume responsibility or liability for any Reviews or for any claims, damages or losses resulting from the use of this service or the Materials contained therein. Reviews that are submitted to the Site shall be owned exclusively and in perpetuity by the Site. Such exclusive ownership means that the Site, its parents, subsidiaries or affiliates have the unrestricted, perpetual and exclusive right to use, reproduce, modify, translate, transmit, distribute or otherwise exploit any and all materials and communications. There shall be no obligation to give credit or pay any consideration to you for any Reviews. FiTMAPPED.COM reserve the right to delete or modify any review that we determine to violate the terms of this Agreement or general standards of good taste at any time and at our sole discretion. We strive to maintain a high level of integrity with our user-submitted Reviews, and any submission that is determined to be disingenuous in any way, and could diminish the overall quality of our Reviews, will be removed.

License Rights on User Submissions

You hereby grant FITMAPPED.COM an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).

Prohibited Content (don't be a jerk):

You must not post to the Service any Content that, as reasonably determined by FiTMAPPED is:

a) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;

b) infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;

c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;

d) unsolicited, undisclosed or unauthorized advertising;

e) 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;

f) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or

g) in violation of any applicable local, state, national or international law (including export laws).

FiTMAPPED strives to make its Interactive Areas enjoyable. We welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor's registration and access to the Site, at our sole discretion, in addition to any other remedies if you see objectionable content or have any questions about this Agreement, please contact us.

No Duty To Monitor (Read Comments at your own Risk)

We are under no obligation to restrict or monitor the Service or any Content in any way. IT WOULD BE IMPOSSIBLE FOR FITMAPPED.COM TO MONITOR THE ACCURACY OR RELIABILITY OF ALL OF THE CONTENT AVAILABLE THROUGH THE SERVICE. However, we reserve the right to modify or remove any Content at any time. Some of this monitoring may be done by users of the Service who have volunteered their time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of FiTMAPPED.COM . FiTMAPPED.COM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.

Customer Support

We have no obligation to provide customer support. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions using your Account.

Additional Terms

All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.

These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.

These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of FiTMAPPED. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of FiTMAPPED will be null and void. FiTMAPPED has the right to transfer, assign and delegate these Terms to one or more third parties without your permission. This Service is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and FiTMAPPED submit to the exclusive personal jurisdiction and venue of the state and federal courts located within New York County, NEW YORK. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive. These Terms (including terms incorporated into them, e.g., the Privacy Policy) and any policies and guidelines posted to the Service by FiTMAPPED comprise the entire agreement (the "Entire Agreement") between you and FiTMAPPED with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

Further Information

If you have a complaint, you may contact us at legal@FitMapped.com. If you are a New York resident, the New York Department of State Division of Consumer Protection, Consumer Assistance Unit, Alfred E. Smith Office Building, 80 South Swan Street, PO Box 22001, Albany, New York 12201-2001, Phone: (518) 474-8583 or 1-800-697-1220, Fax: (518) 486-3936, for more information please see the Division of Consumer Protection’s website: www.nysconsumer.gov.