The use of FitGoal, a service provided by Gutz Think Group, Inc., by an entity is subject to the terms and conditions as outlined below.

This AGREEMENT is made and entered into between “Gutz Think Group, Inc.” and the “SUBSCRIBER” concerning the online software as a service called “FitGoal,” in which the SUBSCRIBER will be authorized by Gutz Think Group, Inc. to access, utilize, and operate its own system of FitGoal, as set forth by the provisions in this AGREEMENT.

1.  Throughout the time of use, as stipulated in this AGREEMENT, SUBSCRIBERS will be allowed to provide “USERS” with access to FitGoal as long as the SUBSCRIBER has paid the required fee.  Gutz Think Group, Inc. has the right, at any time, to modify, suspend, or discontinue, temporarily or permanently, FitGoal and any aspects thereof, and it may terminate, without notice, the SUBSCRIBER’S subscription to, access of, and content in FitGoal.  Upon termination, the SUBSCRIBER agrees to destroy all materials by or relating to FitGoal and will not hold Gutz Think Group, Inc. liable for any damages relating to termination.  FitGoal will not be held liable for any third-party modifications, discontinuance, or suspension of the software or its services.

2.  SUBSCRIBERS and USERS will be responsible for obtaining and maintaining all hardware and software needed to use FitGoal, including communication equipment, internet access accounts, and access lines.

3.  SUBSCRIBERS and USERS will be responsible for maintaining the confidentiality of their login ID and passwords for FitGoal.  Both will be held accountable for all uses of their registration, including authorized and unauthorized uses.

4.  SUBSCRIBERS must understand and convey to USERS that any information provided by FitGoal is for informational purposes only and should not take the place of advice from a physician or a qualified professional.  The information contained within FitGoal, or any Web sites that may be linked therein, may contain inaccuracies or typographical errors.  Reliance on information provided by FitGoal is at the personal risk of the SUBSCRIBERS and USERS, releasing FitGoal from any liability, without limitation, for injury, death, and other damages.

5.  SUBSCRIBERS agree that they, and all USERS authorized by them to access FitGoal, will only use FitGoal for lawful purposes.  Gutz Think Group, Inc. may allow SUBSCRIBERS and USERS to view, copy, download, and print for personal use information on FitGoal.  No aspect of FitGoal may be used for commercial purposes, nor may it be posted or distributed for entities without active registration to the service.  Content may not be modified by those without direct written approval from Gutz Think Group, Inc. and materials, design, and layout may not be reproduced or distributed.  FitGoal may not be used to send, post, upload, or distribute any material that is or could be construed as unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or 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, or encourage the use of controlled substances.  Any report of such activity described above as prohibited or of activities involving “SPAM” may result in immediate termination of access to FitGoal and other appropriate legal actions.

6.  Gutz Think Group, Inc. will make a reasonable effort to ensure that the content it contributes to FitGoal is accurate and timely, but it will not assume any responsibility for other information contributed to FitGoal.  Gutz Think Group, Inc. will make an effort to correct any failure to comply with Gutz Think Group, Inc. policies that it determines FitGoal to contain.  To report a failure, SUBSCRIBERS and USERS must provide Gutz Think Group, Inc., within 15 days of initial failure, a written notice documenting said failure and how the failure is contrary to the policies set forth by Gutz Think Group, Inc.  If Gutz Think Group, Inc. determines that there is a failure and that it was the cause of the failure (i.e. the failure was not caused by improper use of hardware or software by USERS or SUBSCRIBERS, by lost internet connection, etc.), then it will seek correction of the failure within a reasonable amount of time.  If Gutz Think Group, Inc. is unable to correct the failure of FitGoal, SUBSCRIBERS may terminate this AGREEMENT and discontinue using FitGoal.  Gutz Think Group, Inc. would then refund the full amount of fees paid to it by the SUBSCRIBER or USERS from the date that the error was officially reported.      

7.  FitGoal may occasionally be monitored by Gutz Think Group, Inc. to review uses of the service and ensure compliance with the AGREEMENT.  Gutz Think Group, Inc. may choose to remove, reject, or edit materials, but it will not intentionally reveal private communications unless required or permitted to do so by law.  While the site may be monitored, Gutz Think Group, Inc. is not obligated to monitor or control materials contributed to FitGoal.

8.  Gutz Think Group, Inc. grants a non-exclusive, non-transferable license to SUBSCRIBERS to use FitGoal, a copyright property of Gutz Think Group, Inc., in accordance with this AGREEMENT and to have their USERS use it in the same described manner.  This license does not constitute a sale of a copy of FitGoal, so the service may not be leased, sold, loaned, transferred, etc. to a another party by either the SUBSCRIBER or USER.  Neither SUBSCRIBERS nor USERS may make copies of FitGoal, and both should make all reasonable efforts to prohibit copying of the software and divulgence of trade secret information.  A SUBSCRIBER must be aware of and notify USERS that there are restrictions on duplicating, reverse engineering, and disclosure of information concerning FitGoal.  SUBSCRIBERS will be liable for any such unauthorized uses of FitGoal done by themselves, their USERS, agents, or employees.

9.  Gutz Think Group, Inc., its parents, subsidiaries, affiliates, agents, directors, officers, employees, and third-parties will, in no event, be held liable to any person or entity for any direct, indirect, incidental, special, or consequential damages (including, without limitation, personal injury or death, any lost profits, business interruption, loss of information, programs, or other data on any information handling system) resulting from the use, the inability to use, or the unlawful use of FitGoal or information transmissions made between two or more of the following: Gutz Think Group, Inc., FitGoal, SUBSCRIBER, USER, or unauthorized consumer.  Gutz Think Group, Inc. will not be held liable for damages even if expressly advised of the possibility of such damages.  Gutz Think Group, Inc. will not be responsible for the reimbursement for the purchase of any goods or services made to substitute, complement, or relate to FitGoal in any way.  In no event will liability to SUBSCRIBER or USER exceed the fees paid by the individual claiming damages.  SUBSCRIBERS understand and must relate to their USERS that FitGoal, provided by Gutz Think Group, Inc., is to be accepted “as is” and “as available” without warranties of any kind.

 10.  FitGoal may be updated, with or without notice to SUBSCRIBERS or USERS, at anytime deemed fit by Gutz Think Group, Inc.  All versions of FitGoal that are provided to SUBSCRIBERS and USERS will be subject to the same terms and conditions described in this AGREEMENT.

11.  SUBSCRIBERS must understand and advise USERS that neither is permitted to create software or services that are similar to or compete with FitGoal during their time of use as described by this AGREEMENT and for a period of two years from the date of the AGREEMENT’S termination.

12.  During the period of the AGREEMENT, Gutz Think Group, Inc. will provide technical assistance by means of an e-mail “help desk” for paying SUBSCRIBERS.  USERS with problems must contact their authorizing SUBSCRIBER who will then ask for and receive the support response on their behalf.

13.  The terms of the AGREEMENT take precedence and finality over any previous discussions, informal agreements, or advertisements.

14.  Effective immediately upon acceptance, this AGREEMENT will be valid for a period of 30 days at a fee of $49 per month.  Fees must be received electronically.  If fees are not received as described then Gutz Think Group has the right to terminate the SUBSCRIBERS subscription.  Fees may be changed within 90 days notice to SUBSCRIBER. 

15.  At the end of the AGREEMENT, Gutz Think Group, Inc. or the SUBSCRIBER may choose to terminate the AGREEMENT.  As described above, at the termination of the AGREEMENT the SUBSCRIBER must relinquish and destroy all access and materials of FitGoal.  Failure to do so will result possible legal action.