USE OF CONTENT

The Fitzz Group, Inc. authorizes you to view or download a single copy of the material on any of the The Fitzz Group, Inc. sales channels solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2005 - 2008, The Fitzz Group, Inc. - All rights reserved" and other copyright and proprietary rights notices that are contained in this notice.

This notice is protected by copyright in the United States. Any use of this notice not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice. All rights not expressly granted herein are reserved to The Fitzz Group, Inc.

The use of the The Fitzz Group, Inc. Network of Sites and the Content is at your own risk. When using the The Fitzz Group, Inc. Network of Sites, information will be transmitted over a medium that may be beyond the control and jurisdiction of The Fitzz Group, Inc. and its suppliers. Accordingly, The Fitzz Group, Inc. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the The Fitzz Group, Inc.

THIS SITE IS PROVIDED BY THE FITZZ GROUP, INC. ON AN ": AS IS": AND ": AS AVAILABLE": BASIS. THE FITZZ GROUP, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FITZZ GROUP, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FITZZ GROUP, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE FITZZ GROUP, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FITZZ GROUP, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to The Fitzz Group, Inc. by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to The Fitzz Group, Inc. by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to The Fitzz Group, Inc. by email, you automatically grant--or warrant that the owner of such content or intellectual property has expressly granted The Fitzz Group, Inc. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Fitzz Group, Inc. may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to The Fitzz Group, Inc. by email. We try to answer every email in a timely manner, but are not always able to do so.

PASSWORDS

The Fitzz Group, Inc. has several tools that allow you to record and store information. For example, "My Order History" is a service that allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by The Fitzz Group, Inc. or on its behalf. "My Order History" is structured to allow access only to visitors with a valid password.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your The Fitzz Group, Inc. passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your The Fitzz Group, Inc. account and password; (3) promptly inform The Fitzz Group, Inc. of any need to deactivate a password. You grant The Fitzz Group, Inc. and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. The Fitzz Group, Inc. cannot and does not assume any responsibility or liability for any information you submit, including to "My Order History", or your or third parties' use or misuse of information transmitted or received using The Fitzz Group, Inc. tools and services, including "My Order History".

THE FITZZ GROUP, INC. LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS")

If you use a Public Area, such as a chat room, bulletin board or community Ask Our Expert posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Fitzz Group, Inc. is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, of embarrassing to any other person or entity as determined by The Fitzz Group, Inc. in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of The Fitzz Group, Inc., exposes The Fitzz Group, Inc. or any of its customers or suppliers to any liability or detriment of any type.

The Fitzz Group, Inc. reserves the right (but is not obligated) to do any or all of the following:

Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the The Fitzz Group, Inc. Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the The Fitzz Group, Inc. Site, regardless of whether such communication(s) violate these standards.

The Fitzz Group, Inc. reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Fitzz Group, Inc. has no liability or responsibility to users of the The Fitzz Group, Inc. Network of Sites or any other person or entity for performance or nonperformance of the aforementioned activities.

INDEMNITY

You agree to defend, indemnify, and hold The Fitzz Group, Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

The Fitzz Group, Inc. may provide links to third-party web sites. The Fitzz Group, Inc. also may select certain sites as priority responses to search terms you enter and The Fitzz Group, Inc. may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Fitzz Group, Inc. does not recommend and does not endorse the content on any third-party web sites. The Fitzz Group, Inc. is not responsible for the content of linked third-party sites, sites framed within the The Fitzz Group, Inc. Network of Sites, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. The Fitzz Group, Inc. does not endorse any product advertised on the The Fitzz Group, Inc. Network of Sites.

DOMESTIC USE

The Fitzz Group, Inc. is based in Florida, in the United States of America. The Fitzz Group, Inc. makes no claims that this notice is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the The Fitzz Group, Inc. Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with The Fitzz Group, Inc., or in any way relating to your use of the The Fitzz Group, Inc. Network of Sites, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving The Fitzz Group, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the laws of the State of Florida. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed an ongoing waiver of any term or condition or any other term or condition.