The following constitutes the Term and Conditions ("Terms and Conditions") between you ("You", "Your", "User", "Purchaser") and LegacyChamp, Inc. dba Didfit with respect to the use of Didfit.com (the "Site"). The Company operates the Site as a statistical tracking service where Users can track and share personal fitness data and as an online marketplace whereby local retailers and merchants can market promotional discount offerings of their products and services to Users.
By accessing, using, posting, or downloading any Content on this Site or otherwise using the Didfit service, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site, use or download Content from this Site or otherwise use the Didfit Service. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.
If you do not agree with any part or portion of the Terms and Conditions contained herein you must not use this Site. BY ACCESSING, BROWSING AND/OR USING THE SERVICES Provided by this Site, A USER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE DIDFIT User REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE DIDFIT TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE "AGREEMENT"). IF A USER DOES NOT CONSENT TO THE AGREEMENT, THEN DIDFIT REQUIRES THAT SUCH USER CEASE USING THE Site IMMEDIATELY.
1. Description of Didfit Service. The Didfit service comprises, among other things, fitness tools, mobile device applications, social networking components, discussion forums, community groups, personal profile pages, text, surveys, audio-visual works, communications, content, information, communications, postings, editorial, samples, materials, products, services, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively, the "Content"). Additionally, the Didfit service allows Users to purchase vouchers from featured merchants ("Merchants") on the Site offering discounted products and services (the "Promotional Offer"). The Merchant's Promotional Offer may contain conditions required for the transaction to be effective including, requirements for a minimum number of consumer purchases by a specified time as well as other restrictions stated in the Promotional Offer (the "Conditions"). By submitting a bid, you are committing to purchase the vouchers on the terms specified and that such commitment is not cancelable by you unless the Conditions are not met, in which case, the entire transaction will be void and neither you nor the Merchant will be obligated to proceed further. Your credit card will be automatically charged for the stated price on the Promotional Offer once the Conditions have been satisfied without further notice or required consent from you. If the Conditions of the Promotional Offer are not satisfied, you will be notified that the proposed transaction is void. Vouchers will be sent to you electronically with a specific redemption code which must be printed and returned to the Merchant for redemption. Once a redemption code is used by you (or if it expires as per the terms of the Promotional Offer), it will no longer be valid.
2. Disclaimer. THE COMPANY SHALL NOT RESPONSIBLE FOR THE PROMOTIONAL OFFERS MADE BY THE MERCHANTS AND IS ONLY ACTING AS A MARKETING SERVICE. THE MERCHANT IS THE SELLER OF RECORD FOR THE VOUCHERS AND UNDERLYING PRODUCTS AND SERVICES TO BE REDEEMED. IN NO WAY SHALL YOU CONSIDER THE COMPANY AN AGENT, DISTRIBUTOR OR RESELLER OF THE PROMOTIONAL OFFER. YOUR SOLE RECOURSE REGARDING ISSUES OR PROBLEMS WITH THE PROMOTIONAL OFFER, DEFECTS IN THE PROMOTIONAL OFFER, OR BREACH OF WARRANTY CLAIMS SHALL BE DIRECTED SOLELY TO THE MERCHANT FROM WHICH YOU HAVE MADE THE PURCHASE. THE COMPANY MAKES NO WARRANTIES OR ENDORSEMENT OF THE MERCHANTS OR THEIR RESPECTIVE PROMOTIONAL OFFERS AND IS SOLELY ACTING AS A MARKETING SERVICE. THE COMPANY FURTHER DISCLAIMS ALL WARRANTIES OF QUALITY, SAFTEY, USABILITY, MERCHANTIBILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU THROUGH PURCHASED VOUCHERS. YOU ARE USING THE MERCHANT'S PRODUCTS AND SERVICES AT YOUR SOLE RISK.
3. Representations and Warranties of User. BY USING DIDFIT OR THE SERVICES, A USER THEREFORE AGREES, REPRESENTS AND WARRANTS THAT HE OR SHE IS 18 YEARS OR OLDER; PROVIDED, HOWEVER, THAT IF THE USER IS 14 OR OLDER BUT UNDER THE AGE OF 18, THEN SUCH USER AGREES TO REVIEW THE AGREEMENT WITH HIS OR HER PARENT(S) OR GUARDIAN(S) TO ENSURE THAT BOTH THE USER AND PARENT(S) OR GUARDIAN(S) UNDERSTAND AND CONSENT TO THE AGREEMENT AND THAT THE USER AND HIS OR HER PARENT(S) OR GUARDIAN(S) REVIEW AND ACCEPT THE AGREEMENT ON THE USER'S BEHALF THROUGH THE DIDFIT REGISTRATION PROCESS. IF THE READER OF THE AGREEMENT IS A PARENT OR GUARDIAN ENTERING THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 14, THEN HE OR SHE AGREES AND ACCEPTS FULL RESPONSIBILITY FOR HIS OR HER CHILD'S USE OF DIDFIT AND THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT SUCH CHILD MAY INCUR.
5. Didfit Usage Rules. A USER UNDERSTANDS AND HEREBY ACKNOWLEDGES AND AGREES THAT HE OR SHE MAY NOT, AND WARRANT THAT HER OR SHE WILL NOT:
use the Services or any personal information or location information displayed on or within Didfit to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
use Didfit or the Services if he or she is under the age of 14 years old;
include offensive or pornographic materials on or in his or her Didfit personal profile pages;
use Didfit or the Services for any commercial or non-private use, it being understood that Didfit and the Services are to be employed for personal, non-commercial use only;
fail to deliver payment for any Paid Services;
use Didfit or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of Didfit. This includes, but is not limited to, unsolicited