This document, Terms of Use of Fitcheckext.com Service and Fit Check (hereinafter — Agreement) is an offer of FITCHECKEXT.COM (hereinafter — Fitcheckext.com) to an Internet user (hereinafter — User) to conclude an agreement on the use of the service Fitcheckext.com and for extension (Fit Check) (hereinafter each service is referred to as the Service) on the conditions stated below
This document, Terms of Use of Fitcheckext.com Service and Fit Check (hereinafter — Agreement) is an offer of FITCHECKEXT.COM (hereinafter — Fitcheckext.com) to an Internet user (hereinafter — User) to conclude an agreement on the use of the service Fitcheckext.com and for extension (Fit Check) (hereinafter each service is referred to as the Service) on the conditions stated below.
1. The use of the Service by the User is regulated by this Agreement, as well as:
• Privacy Policy, available at: https://fitcheckext.com.com/privacy.html.
(Hereinafter collectively referred to as — Regulatory Documents).
The User undertakes to acquaint himself with all Regulatory Documents, and shall bear the risk of failure of such acquaintance.
2. This Agreement and the relations between Fitcheckext.com and the User arisen in connection to use of the Service, are subject to the applicable laws of Canada. Throughout the text of this Agreement, unless directly stated otherwise, the term legislation means legislation of Canada as well as legislation of the User’s place of residence.
3. The User shall be independently liable to third parties for its actions when using the Service, inter alia, shall guarantee that its actions conform to legislative requirements and do not infringe third-party rights and legitimate interests.
4. If the data aggregate included in the User Parameters constitutes an item of intellectual property rights or other rights, then for the Service to be properly provided, the User shall entitle Fitcheckext.com to use the data included in the User Parameters under an ordinary (non-exclusive) royalty-free license valid throughout the world during the entire term of the exclusive right, sublicensed, with no additional payments and reports on use, in any ways stipulated by applicable laws, including but not limited to: extraction, search, handling, analysis, reproduction, distribution, processing, technical integration, combining, association and/or comparison to any data and/or information owned and/or disposable by Fitcheckext.com, and other actions not prohibited by these Rules, the Regulatory Documents and/or applicable laws.
5. The Service (including the information obtained with its help) is provided by Fitcheckext.com “as is”. Fitcheckext.com does not warrant the fitness of the Service for the purposes and expectations of Users, uninterruptable and error-free operation of the Service in general. Fitcheckext.com shall not be liable for any damage, direct or indirect, caused to the User or any third party by use or inability to use the Service and extension installed on the User’s browser. Fitcheckext.com shall not reimburse the User or any third party for such damages.
6. When using the “User Parameters” function, the User undertakes:
6.1. when forming the data included in the Users Parameters, to obtain all necessary and legislatively stipulated consents and permits of visitors to the User’s website to use, handle and/or depersonalize data on visitors to the User’s website, including but not limited to data on their interests and conduct in the Internet, and to use such data as part of the User Parameters, and for such data to be used by Fitcheckext.com, its affiliates and/or the User;
6.2. not to include in the User Parameters any data, information and/or materials infringing rights of visitors to the User’s website and/or third parties (including but not limited to intellectual property rights) or containing malware and/or spyware;
6.3. to be fully liable for compliance with requirements of applicable laws and third-party rights (including but not limited to laws on personal data and intellectual property) holding Fitcheckext.com, its subcontractors, employees, partners and/or contracting parties harmless from and against any third-party claim (including visitors to the User’s website, customers and clients of Fitcheckext.com and authorized public bodies) relating to the data included in the User Parameters.
7. The User is hereby notified and agrees that visitors to the User’s site may prohibit the collection of data about their visits to the User’s site as well as the recording of their sessions using the Service, including by the use of the Fitcheckext.com browser extension.
8. Fitcheckext.com may at any time without notice to the User amend the text of this Agreement and/or any other conditions of use of Service.
9. All data collected and stored by the Service shall be treated by Fitcheckext.com as a confidential information of the User, and to the extent permitted by applicable law — as a trade secret of the User. Fitcheckext.com shall keep that data in secret and shall not transfer that data to any third parties (except for the affiliate entities that are in the same group with Fitcheckext.com), except where the User has authorized such transfer or has given an access to that data for third parties at his own discretion. Aggregate data from tags, which does not disclose precise reading of the User's tag, may be used by Fitcheckext.com at its discretion, including for commercial purposes.
10. Fitcheckext.com has the right without notice and at its sole discretion terminate or suspend the User's access to the Service without explanation, in particular, in case of violation of requirements of this Agreement by such the User.
11. You may contact Fitcheckext.com at anytime by emailing get@fitcheckext.com.