Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on June 23, 2009.

This Terms of Use Agreement sets forth the standards of use of the website at www.FitnessAppeal.com (the “Site”) operated by eMarketInvestors. By using the Site, you (“you” or the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

(a) By submitting to FitnessAppeal.com any website Content, you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Content. You grant to FitnessAppeal.com the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Content for the purpose of promoting and making the Content available on the Site.

To the extent that you do not own all rights in and to the Content or that FitnessAppeal.com's use of any of the Content as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold FitnessAppeal.com (eMarketInvestors) harmless from any claims or demands, including attorneys’ fees and costs, incurred by FitnessAppeal.com with respect thereto.

(b) All content on the site other than Content provided by third parties is either owned or licensed by FitnessAppeal.com and may not be reproduced or used in any manner without the express written permission of eMarketInvestors. © 2008-2009 eMarketInvestors. All rights reserved.

If you believe that any content on the Site infringes your copyright rights, please provide eMarketInvestors copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. Contact FitnessAppeal.com for notice of claims of copyright infringement on its site can be by email: dworkin@markingterritory.com

This Site contains links to other sites. We are not responsible for the privacy practices or the content of such Web sites.

(c) The Site is directed to everyone interested in weight loss to get fit.

The Site is provided by eMarketInvestors on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, eMarketInvestors makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. eMarketInvestors shall have no liability for any interruptions in the use of the Site. eMarketInvestors disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.

Member agrees to indemnify and hold eMarketInvestors, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflict of laws principles. You agree that any legal action brought under or in conjunction with this Agreement shall be brought in a federal or state court of appropriate jurisdiction in the State of New York and venue shall be proper in that court.

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by eMarketInvestors in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.

*This information is not provided by a licensed medical professional and should not be taken as medical advice.
*Always consult with your doctor before starting a new fitness program.