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Terms of Service

Effective as of September 8, 2014

Clean Fitness, LLC welcomes you. This Terms of Service applies to www.getcutea.com, which is a website owned and operated by Clean Fitness, LLC. By using this website (the “Site”), you (referred to as “you” or the “User”) agree to the terms and conditions that we (“CUTEA”) have provided. By visiting or shopping at www.getcutea.com you accept these conditions, so please read them carefully. If you do not wish to agree to these terms and conditions (the “Agreement”), please refrain from using the Site.

1. GENERAL

The Site makes various products and services available including, but not limited to, prize awarding contests, fitness information, and other like services.

2. MODIFIED TERMS

CUTEA reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately, upon posting of the revisions on the Site. Continued use of the Site by the User, following the posting of changes or modifications, will constitute the acceptance of such changes or modifications by the User. Therefore, the User should frequently check and review this Agreement and other policies and guidelines, to understand the terms and conditions that apply to the use of the Site. If the User does not agree to the amended terms, the User must immediately stop using the Site.

3. LINKING AND FRAMING

You may create a plain text hyperlink to the Site, provided that neither you nor the link portray the Site in a false or disparaging manner or suggest sponsorship, affiliation or endorsement by or with CUTEA. CUTEA may revoke this permission at any time, for any reason upon notice to you. You may not “frame,” inline link or similarly display any CUTEA Site Content or property. You may not use the CUTEA logo or any other CUTEA trademarks, as part of the link, without CUTEA’s express written permission.

4. COPYRIGHT COMPLAINTS

If the User believes that any material on the Site infringes upon any copyright, which they own or control, the User may file a notification of such infringement with the Site, by sending an email to: hello@getcutea.com.

CUTEA may give notice of a claim of copyright infringement to the User, by means of a general notice on the Site, e-mail to the User’s e-mail address in our records, or by written communication sent by mail to the User’s address in our records.

5. INDEMNIFICATION

The User agrees that CUTEA is not responsible for any harm that the Site may cause. The User agrees to indemnify, defend, and hold CUTEA harmless from and against any and all liability and costs incurred in connection with any loss, claim, liability, damage, demand and expenses arising from or in connection with the contents or use of the Site. The User agrees that this defense and indemnity shall also apply to any breach by the User of this or any related agreement, or the foregoing representations, warranties and covenants.

The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees this defense and indemnity shall apply to CUTEA, its affiliates, directors, officers and employees. CUTEA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and the User shall not in any event settle any matter without the written consent of CUTEA.

6. PROPRIETARY RIGHTS/INTELLECTUAL PROPERTY ISSUES

CUTEA owns certain things on the Site, including the 'look and feel' of the Site, and the name of the Site. This is not a complete list, other things on the Site are also the property of CUTEA. Contact CUTEA before copying anything from the Site, with plans of reproducing it or distributing it.

The User acknowledges and agrees that the content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, or other material contained in the Site or information presented through the Site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by CUTEA, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization of CUTEA. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement, which may subject the User to civil and/or criminal penalties.

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

If you choose to use the Site, you have the responsibility to maintain the confidentiality of both your account and password, and you agree to accept responsibility for all activities that take place under your account. CUTEA reserves the right to refuse service, remove or edit content, terminate accounts or cancel orders in our sole discretion.

Although it is the goal of CUTEA to provide the User with a reliable, quality site, issues do arise, and system failures do occur from time to time. Such problems are inevitable in operating any computer based website. CUTEA would not be able to make this network available to the User if CUTEA had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. For CUTEA to continue to offer and improve the offered Site services, CUTEA must deny any warranties on the Site’s services and insure that CUTEA’s liabilities for any problems connected with the use of the Site’s system is strictly limited.

These needs are accomplished by the following disclaimers:

DISCLAIMER OF WARRANTIES

THE USER EXPRESSLY AGREES THAT THE USE OF THE CUTEA SERVICES, ARE AT THE USER'S SOLE RISK. ALL MATERIALS AND SERVICES OFFERED FOR SALE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUTEA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUTEA MAKES NO WARRANTY THAT THE SERVICES WILL MEET THE USER'S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES CUTEA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE OR NETWORK WILL BE CORRECTED, ON THE SITE.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY THE USER FROM CUTEA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CUTEA, OUR LICENSORS OR LICENSEES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF CUTEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL CUTEA, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND CUTEA OR THEIR REASONABLE CONTROL.

CUTEA MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH ANY SECTION OF THE SITE, OR WITH ANY SECTION OF CUTEA’S TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, AND IF A PRODUCT OFFERED BY CUTEA IS NOT AS DESCRIBED UPON DELIVERY TO YOU AS WAS DEPICTED ON THE SITE, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

8. RISK OF LOSS

All items purchased from CUTEA are made pursuant to a shipment contract. Thus, the risk of loss and title for any purchased items pass to you after CUTEA’s delivery to the carrier.

9. HEALTH DISCLAIMER

Neither CUTEA nor the authors publicized on the Site assume any liability for the information contained on the Site. The Information contained on the Site reflects only the opinion of the author and is in no way to be considered medical advice. Specific medical advice should be obtained from a licensed health care practitioner. Consult your physician before you begin any nutrition, exercise, or dietary supplement program.

10. PRODUCT SPECIFICATIONS

Prices, descriptions and availability of products on the Site are subject to change without notice. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. Stated, errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted whether or not the order has been confirmed and your credit card charged).

11. USAGE BY INDIVIDUALS UNDER THE AGE OF 18

CUTEA requires all purchases on the Site be made by individuals who are 18 years of age or older. If you are under the age of 18, you must make your purchases on the Site with the supervision of a parent or guardian.

12. SALES TERRITORY

CUTEA products and services are available worldwide, unless specified otherwise.

13. USER SUBMISSION

CUTEA permits the submission of photo content or textual content submitted by you and other users, collectively referred to as "User Submissions", and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, CUTEA does not guarantee any confidentiality with respect to any submissions. CUTEA does not promise or agree to publish any User Submissions. However, CUTEA is free in its discretion to destroy User Submissions, and not return any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize CUTEA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions, contained therein without limitation.

CUTEA does not claim ownership of User Submissions. However, by submitting User Submissions to CUTEA, you hereby grant CUTEA a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the CUTEA web sites and business, including without limitation for promoting and redistributing part or all of the CUTEA web sites (and derivative works thereof) in any media formats and through any media channels without any further documentation. You also hereby grant each user of the CUTEA web sites a non-exclusive license to access your User Submissions through the web sites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the web sites and under these Terms of Service. The above licenses granted by you in User Submissions are perpetual and irrevocable.

CUTEA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.

In connection with User Submissions, you agree that you will not:

Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CUTEA all of the license rights granted herein;
Publish falsehoods or misrepresentations that could damage CUTEA or any third party;
Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
Post advertisements or solicitations of business;
Depict a minor person under the age of 18 years without consent of the parent or guardian of the minor person;
Impersonate another person.
Have been previously published on any website or other medium before your submission to CUTEA. CUTEA will not be liable to you or to any third party for any payment, royalty, usage fee or any other consideration for or which pertain to the publishing, distribution, copying, or any other usage of the User Submissions without limitation. You acknowledge and agree that your submission of the User Submissions to CUTEA for publishing consideration shall, together with your use of the Site, represent and constitute the sole and exclusive consideration for your obligations under these Terms of Service.

14. MISCELLANEOUS

This Agreement and any operating rules for CUTEA established by CUTEA constitute the entire agreement of the parties (the two parties being: CUTEA and the User) with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

CUTEA headquarters are in Tallahassee, Florida. Legal issues arising out of, but not exclusive to the use of, the Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Florida (exclusive of its rules regarding conflicts of laws).

15. CONTACTING US

If you have any issues, comments or feedback, please do not hesitate to contact us at hello@getcutea.com. We are continually striving to improve our service and welcome your input.

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