An Introduction to fitnessnews.io’s Terms of Service

Featured Members.fitnessnews.io is the web site for the use of the panelists and publishers of Featured, a platform designed to connect brands with trusted expert insights. If you are a Panelist and/or Publisher you are a Featured“Member”.

“Panelist”means a person or entity, or a representative of a person or entity, that may provide information in response to a question. To become a Panelist, you must complete a profile during the sign-up process which is located at the bottom of fitnessnews.io articles, as well as at https://featured.com.

“Publisher”means a person or entity, or representative of a person or entity, who has an online blog, newsletter, or web site and who posts questions on fitnessnews.io to gain expert panelist insights. To qualify and become a publisher you must complete a profile during the sign-up process on https://featured.com/sign-up (https://featured.com/sign-up).

Access to and Use of fitnessnews.io

Access:“Publicly accessible” areas of our website are those areas that are available either to some or all of our Members (i.e., not restricted to your viewing only) or to the general public. In order to submit a question, or answer a question, you must be a Member.

Panelists submit answers to questions by registering for Featured.com via fitnessnews.io. Upon registering, Panelists will receive, from time to time, questions submitted by third-party websites. If a Panelist Member has relevant information which he or she believes, in good faith, can assist in answering the specific question, then the Panelist may provide that information in response.

In order to ask a question and receive expert insights or blog content from Featured, Publishers must first sign up and be verified. Verification and approval of question submissions or quote requests are at the sole discretion of Featured. Publishers acknowledge that Featured is not responsible for any claims made by Panelists and Featured’s views are not represented by any answers or claims made by Panelists. Publishers may request verification and/or LinkedIn profiles of any Panelist who answers any query submitted by such Publisher via the Featured Platform, which may be included in Publisher’s story. Anything further will be evaluated on a case-by-case basis. If you have further questions, please reach out to partnerships@featured.com

Use:In your use of fitnessnews.io you:

understand that the technical processing and transmission of fitnessnews.io, including your content may be unencrypted and involve (a) transmission over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks and devices;

understand that fitnessnews.io and Featured cannot guarantee any data that users may provide, including, without limitation, about themselves, or regarding relationships they may describe;

understand that fitnessnews.io and Featured reserves the right to submit your photo to publishing partners that have published your quote(s); and

acknowledge that any photo uploaded to fitnessnews.io or Featured manually or through your social media linked account is free and clear for Featured and any one of Featured's publishing partners to use.

will not hold fitnessnews.io or Featured responsible for the acts or omissions of Publishers or Panelists (as applicable), including content and material hosted by Publishers and submitted via fitnessnews.io and/or the Featured Platform;

will maintain the confidentiality of your login and membership account remain fully responsible for all activities that occur via your account, including with respect to content posted, with or without your knowledge;

will not share your login with anyone else;

will not share any confidential or privileged information received from fitnessnews.io with any third parties;

will not 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.

Rules for Panelists.If you are a Panelist you will:

believe, in good faith, that you have sufficient expertise to comment about the relevant topic prior to answering the question through fitnessnews.io;

not promote products or services in your answer unless the Publisher question specifically asks for a response about a service or product;

not harvest any content or information provided in fitnessnews.io for any reason;

answer questions with complete, relevant answers that are 4-8 sentences in length and use good faith efforts not answer questions with incomplete information;

Rules for Publishers.If you are a Publisher you will:

cite the relevant panelist when using submitted material or quotes;

not publish articles or quotes to another website without letting contributor experts and Featured know in advance;

if you are a freelance writer and have an article that has not been pitched yet, you agree to use “anonymous” as the source.

Restrictions and Responsibilities

Restrictions.In your use of fitnessnews.io you may not:

modify, adapt or hack fitnessnews.io or modify fitnessnews.io so as to falsely claim or imply that it is associated with fitnessnews.io or Featured;

reproduce, duplicate, copy, sell, resell or exploit any portion of fitnessnews.io, including, without limitation, the content and questions made available via fitnessnews.io, and the look and feel of fitnessnews.io;

use the Featured Platform unless you are a Member;

verbally, physically, or otherwise abuse (including threats of abuse or retribution) any Member or Featured employee, agent or officer;

introduce worms or viruses or any code of a destructive nature into fitnessnews.io;

as a Panelist, utilize the information provided in a question other than to provide a relevant response to a such question;

violate Section 2, above;

violate any applicable federal, state or local law or regulation;

modify your name or link anchor text to attempt to “optimize for SEO”;

plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any other rights, including intellectual property rights, of any person, firm or entity, expressly including but not limited to libel, slander or invasion of rights of privacy, publicity or “moral rights”.

Responsibilities.In your use of fitnessnews.io you:

are solely responsible for the content or information you submit to fitnessnews.io and/or Featured;

understand that fitnessnews.io and Publishers who use its platform reserve the right to remove links or photos at any time in their sole discretion;

agree that fitnessnews.io and Featured have no responsibility or liability for the deletion, corruption or failure to post, store and/or forward any messages, responses to questions, or other content and materials maintained or transmitted by fitnessnews.io (and/or to do so in a timely manner);

will not use fitnessnews.io for any illegal or unauthorized purpose;

represent and warrant that you are at least 18 years of age;

represent and warrant you are human (accounts accessed by “bots,” spiders, or other automated methods are not permitted)

represent and warrant, in connection with any content provided by you to fitnessnews.io via Featured (“User Content”) to fitnessnews.io that you have all rights, title and interests necessary to provide such User Content to fitnessnews.io, and that your provision of the User Content to fitnessnews.io shall not infringe any third party’s intellectual property, proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

Monitoring and Enforcement.While Featured has the right to monitor activity and content associated with fitnessnews.io (“Content”), we are not obligated to do so and do not have the ability to control or actively monitor all Content. Accordingly, we do not guarantee Content’s 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 fitnessnews.io, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content 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, and removing the Content or terminating accounts. 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 or accessible via fitnessnews.io.

Blog Monitoring.If applicable, you grant Featured the right to use proprietary software to scan your blog in order to notify Panelists if their name, likeness or quotes have been used. This is to ensure maximum social sharing, cross posting and real-time engagement from experts and their companies.

Intellectual Property Rights

Member License: Featured grants you a personal, limited, revocable, non-exclusive license to access and use fitnessnews.io (a “Membership”), subject to the terms and conditions of this Agreement. Your responsibility as a Member extends to all activity and use under any Member account that you use. You may use fitnessnews.io only via fitnessnews.io and you may not download, copy, reuse or distribute that functionality. Featured reserves the right to monitor use of fitnessnews.io to ensure compliance with these Terms of Service. If we determine that you are not in compliance with these Terms of Service, Featured reserves the right to take appropriate action including, but not limited to, suspension or termination of your account. You agree to immediately notify Featured of any unauthorized use of fitnessnews.io, Content, or any other breach of security. Featured cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Content you provide:All material that you upload, publish or display to others via fitnessnews.io will be referred to collectively as “Your Content.” You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below. You acknowledge and agree that, as part of using fitnessnews.io, Your Content may be viewed by the general public. You represent and warrant that you own all right, title and interest in and to Your Content, including all copyrights and rights of publicity contained therein. You hereby grant Featured and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of fitnessnews.io and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with Your Content and the transmission of Your Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of Your Content. You acknowledge and agree that Featured may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Featured, its users, or the public. You understand that the technical processing and transmission of fitnessnews.io, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Retention of Rights:All intellectual property in or related to fitnessnews.io (specifically including, but not limited to our software, trademarks, and logo) is the property of Featured, or its subsidiaries and affiliates. You acknowledge and agree that fitnessnews.io may contain content or features (“Featured Materials”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Featured, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on fitnessnews.io or Featured Materials, in whole or in part, except that the foregoing does not apply to your own Member Content (as defined below) that you upload to or make available through fitnessnews.io in accordance with these Terms. The fitnessnews.io name and logos are trademarks and service marks of Featured (collectively the“Featured Trademarks”). Nothing in these Terms or on fitnessnews.io should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Featured Trademarks displayed on fitnessnews.io, without our prior written permission in each instance. All goodwill generated from the use of Featured Trademarks will inure to our exclusive benefit. Any use of fitnessnews.io or Featured Materials other than as specifically authorized herein is strictly prohibited.

Usage Data and Feedback:All data Featured collects about use of fitnessnews.io by you or others (not including Your Content) is the property of Featured, its subsidiaries, and affiliates. You hereby authorize Featured and its third-party service providers to derive statistical and usage data relating to your use of fitnessnews.io (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and/or our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about fitnessnews.io (“Feedback”), provided by you to Featured are non-confidential and Featured will be entitled to the unrestricted use and dissemination such Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

Fees and Payment

Fees:To the extent the Services or any portion thereof is made available for any fee (a“Paid Membership”), you may be required to select a payment plan and provide information regarding your credit card or other payment instrument (a“Payment Information”). You represent and warrant to Featured that such Payment Information is true and that you are authorized to use the payment instrument. You agree to pay Featured the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If you dispute any charges, you must let Featured know within thirty (30) days after the date that Featured charges you. You will be responsible for all taxes associated with the Service, other than taxes based on Featured’s net income.

Recurring Membership:Featured charges for Paid Memberships monthly in advance (the“Monthly Fee”). You authorize Featured to maintain your Payment Information and charge you automatically for each Monthly Fee with no further action required by you. If Featured is unable to charge your account as authorized by you when setting up your Paid Membership, Featured may, in its sole discretion, invoice you for the Paid Membership and/or suspend your access to Services until payment is received.

Price Changes:Featured may change the price for a Paid Membership from time to time in its discretion and will communicate any price changes to you in advance. Price changes for Paid Memberships will take effect at the start of the next month following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Paid Membership after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Paid Membership before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

Prepayment:Payments are nonrefundable and there are no refunds or credits for partially used periods. If you cancel a Paid Membership Featured will not refund any membership fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of the period through which you have prepaid.

Payment Processing:Notwithstanding any amounts owed to Featured hereunder, Featured does not process payment for any Services. Rather, to facilitate payment for Services via bank account, credit card, or debit card, Featured uses Stripe, Inc. and its affiliates (“Stripe”), or a similar third-party payment processor (“Payment Processor”). Payment processing services are subject to the terms and conditions of the applicable Payment Processor. Featured assumes no liability or responsibility for any payments you make through in connection with the Services via such Payment Processor(s).

Term and Termination

Paid Memberships will automatically renew each month unless you provide written notice to Featured of your intent not to renew at least thirty (30) days prior to your next monthly Payment, or Featured terminates pursuant to Section 6.2.

You agree that Featured, in its sole discretion, may suspend or terminate your account (including any part thereof) or use of fitnessnews.io and remove and discard any content within the Featured Platform, for any reason, including for lack of use or if Featured believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of fitnessnews.io, may be referred to appropriate law enforcement authorities. Featured may also in its sole discretion and at any time discontinue providing fitnessnews.io, or any part thereof, with or without notice. You agree that any termination of your access to fitnessnews.io under any provision of these Terms of Service may be affected without prior notice and acknowledge and agree that Featured may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or fitnessnews.io. Further, you agree that Featured will not be liable to you or any third party for any termination of your access to fitnessnews.io.

Warranties; Limitation of Liability

Your use of fitnessnews.io is at your sole risk. fitnessnews.io is provided on an “as is” and “as available” basis. You understand that Featured may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run fitnessnews.io.

Featured does not warrant that (i) fitnessnews.io will meet your specific requirements; (ii) fitnessnews.io will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of fitnessnews.io will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through fitnessnews.io will meet your expectations; (v) answers submitted by Panelists will be published and/or be published in a timely manner; and (vi) errors in fitnessnews.io will be corrected.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF FITNESSNEWS.IO, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FITNESSNEWS.IO.

TO THE EXTENT PERMITTED BY LAW, FEATURED’S ENTIRE LIABILITY FOR DAMAGES FOR ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH YOUR USE OF FITNESSNEWS.IO, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING WITHOUT LIMITATION, BREACH OF WARRANTY AND NEGLIGENCE CLAIMS) SHALL BE LIMITED TO $100. IN NO EVENT SHALL FEATURED HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NEITHER FEATURED, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS, SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL FEATURED, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE YOU IN RELIANCE ON SUCH INFORMATION.

YOU AGREE THAT THE LIMITATIONS AND WAIVERS SET FORTH IN THIS SECTION 7 APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND BUT FOR THESE LIMITATIONS, FEATURED WOULD NOT HAVE ENTERED INTO THE AGREEMENT.

Copyright Claims

Featured respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Featured of your infringement claim in accordance with the procedure set forth below.

Featured will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Featured’s Copyright Agent at community@featured.com (Subject line:“DMCA Takedown Request”). You may also contact the Copyright Agent by mail: Terkel Inc, dba Featured7014 E Camelback Road Suite B100A, Scottsdale, AZ 85251

To be effective, the notification must be in writing and contain the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;

identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on fitnessnews.io, with enough detail that we may find it on fitnessnews.io;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice:If you receive a notice that a posting or portion of Your Content has been removed or suspended due to a copyright complaint, that means that we removed it at the request of a content owner. If you believe the material was removed in error, you have the option to file a DMCA counter-notification (the proper format for such counter-notice is defined below). When we receive a proper counter-notification, we will forward it to the party who originally complained about the alleged copyright violation. If we do not receive a notice from the original complainant within ten (10) business days, stating that the original complainant is seeking a court order to prevent further infringement of the content at issue, we will clear the complaint from your account’s record, and, at our discretion, we may replace the content that was removed. Please note that there are potentially seriously consequences for fraudulent or bad faith submissions of DMCA notifications or counter notifications. Such consequences may be imposed pursuant to the DMCA under Section 512(f). Before submitting a counter-notification, you should be sure that you are the actual rights holder of the content removed or that you have a good faith belief that content was erroneously removed. It is important to make sure that you understand the repercussions of submitting a false counter notification.

A proper counter notification should be sent to Featured’s Copyright Agent, as provided above, and it should contain the following:

Your name, address, and telephone number

The URLs of the content that was removed or disabled by us (you can copy and paste the link provided in the notification email)

The following statements:

I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside the United States, for any judicial district in which Featured is located. I will accept service of process from the claimant of copyright of infringement.

I declare, under penalty of perjury, that I have a good faith belief that the content was removed as a result of a mistake or misidentification of the material to be removed or disabled.

Your physical or electronic signature (e.g., typing your full name)

Privacy.Registration data and other information about you are subject to fitnessnews.io’s Privacy Policy. If you are located outside the United States, by using fitnessnews.io you consent to your data being sent to the United States and transmitted, stored and utilized pursuant to the provisions of United States law.

Indemnification.You agree to defend, indemnify, and hold harmless Featured, its employees, officers, directors, affiliates, contractors, attorneys, third party vendors and agents (“Indemnitees”) against all claims, demands, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur in connection with (i) your use of fitnessnews.io or any hyperlinked web site; (ii) a violation of any of your representations, warranties or obligations under this Agreement; (iii) content you submit, post, transmit, or make available through fitnessnews.io, (iv) your use of fitnessnews.io, (v) your connection to fitnessnews.io; or (vi) your violation of any rights of another including but not limited to another’s copyright, patent, trademark, trade secrets, or other intellectual property right.

Disclosure.We may disclose content and information about you, including contents of communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; or (2) protect the rights, property, personal safety or interests of any of Members, Featured and/or its employees, officers, directors, contractors, attorneys and agents, customers, or the public.

Contact.Feel free to contact us with any questions about these Terms of Service via mail at: Terkel Inc, dba Featured 7014 E Camelback Road Suite B100A, Scottsdale, AZ 85251

Miscellaneous

This Agreement shall be governed by and construed under the laws of Arizona exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Arizona, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

The failure of Featured to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Featured.

You consent to receive communications from Featured concerning this Agreement and your access and use of fitnessnews.io electronically by email to the email address you provided in connection with your account. You may change the email address to which Featured sends communications by notifying Featured in writing (which may be by e-mail). Notices provided to you via email will be deemed given and received on the transmission date. Official correspondence to Featured must be sent via postal mail to the contact address listed in Section 12.

These Terms of Service, as presently in effect, and as modified from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and govern your use of fitnessnews.io. These Terms of Service supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter including, but not limited to, prior versions of the Terms of Service. Featured reserves the right to modify these Terms of Service or its policies relating to the Service at any time, effective upon posting of an updated version on fitnessnews.io. You are responsible for regularly reviewing the Terms of Service. Continued use of fitnessnews.io after any such changes shall constitute your consent to such changes. We may change or discontinue any part of fitnessnews.io, without notice, at any time, at our sole discretion.