of License, Disclaimers of All Warranties
This is an agreement by and between you and cyfit.com, a Delaware corporation. This is a legally binding agreement. This agreement governs your use of the cyfit.com Internet Web site and related sites. If you do not agree to the terms and conditions set forth below, your sole remedy is to immediately cease your use of this Internet site and related services.
Disclaimer of Warranties
You understand that exercise may be a risk to my physical health and safety if not done properly. You further understand that it is cyfit.com's recommendation that you consult a physician prior to using any equipment on the premises, engaging in any exercise program or activity, or undertaking any food or diet program, whether or not such program is recommended by cyfit.com. You understand that neither cyfit.com nor the advice of any member of the cyfit.com personnel is a substitute for medical advice.
By using this Internet Web site and any affiliate Internet sites, you agree to hold cyfit.com, its agents, assigns, subsidiaries, subtenants, employees, licensees, and officers ("related entities") harmless for any action, suit, claim, loss, injury, or damage, arising from your recklessness, negligence, misuse of gym equipment, improper execution of generally acceptable exercise techniques, or for any damage or injury that occurs pursuant to any information received, whether such information is received on the gym's premises, on the Internet, or by any other means now known or later developed. You acknowledge that you have had the prior opportunity to, and have, consulted a physician before entering into this agreement. You hereby agree to hold cyfit.com, together with all its related entities, harmless for any action, suit, claim, loss, injury, or damage arising from any and all injuries sustained arising out of your membership.
NO WARRANTY: CYFIT.COM MAKES NO WARRANTIES, OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
By participating in any forum or message board, public or otherwise, you hereby warrant and represent that you are the sole author of the material created and/or used pursuant to your participation in such forums or message boards, the materials created and/or used pursuant to your participation do not infringe on any third-party's rights, whether in copyright, trademark, patent, right of publicity, right to privacy, or otherwise, and you hereby grant cyfit.com, an irrevocable, nonexclusive, worldwide, license in and to the material created and/or used pursuant to your participation, including without limitation, the right to modify, edit, copy, recast, distribute, publicly perform, make derivative works therefrom, in any medium, now known or later developed, and grant sub-licenses.
Notwithstanding the foregoing, cyfit.com does not assume any liability for the creation or use of any materials, whether as an author or publisher. cyfit.com does not monitor or control content not created or commissioned (pursuant to a written agreement) by cyfit.com.
In the event you feel that your rights (whether in copyright, privacy, publicity, or other) are being infringed on as a result of a third party, you may contact cyfit.com, in writing, at 225 Oser Ave., Hauppauge, N.Y. 11788, with a copy to counsel, Fine Hummel, P.C., 410 New York Ave., Huntington, N.Y. 11743, and cyfit.com, in its sole discretion, will determine whether any action is required. cyfit.com may take such action, or not, without notice to you.
Notwithstanding the foregoing, cyfit.com does not assume any liability whatsoever as a result of its action or inaction and you agree to release cyfit.com and its related entities from any and all such liability.
Any and all disputes arising out of this agreement, its interpretation or the making thereof, or your use of the cyfit.com Internet Web site shall be construed in accordance with the laws of the state of New York, without regard to any conflicts of laws and principals. Venue for any such dispute shall be in a court of competent jurisdiction in Suffolk or Nassau County, N.Y., and you hereby consent to personal jurisdiction in such court.