PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
Connectivity Concepts, LLC. ("411Fit") may revise and update these Terms and Conditions at any time. Your continued usage of the 411Fit website ("411Fit Site," or the "Site,")
will mean you accept those changes. By using this Website after we post any changes to these Terms & Conditions,
you agree to accept those changes, whether or not you have reviewed them.
This site does not provide medical advice.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen.
This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors,
pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional
medical advice prior to initiating any form of weight loss effort or fitness regimen.
The contents of the 411Fit Site, such as text, graphics, images, information obtained from 411Fit's licensors,
and other material contained on the 411Fit Site ("Content") are for informational purposes only.
The information and reports generated by us should not be interpreted as a substitute for physician
consultation, evaluation, or treatment. Always seek the advice of your physician or other qualified
health provider with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking it because of something you have read on the 411Fit Site!
If you think you may have a medical emergency, call your doctor or 911 immediately.
411Fit does not recommend or endorse any specific tests, physical trainers, dietitians, physicians, products,
procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information
provided by 411Fit, 411Fit employees, others appearing on the Site at the invitation of 411Fit, or other visitors
to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit.
If you find these materials offensive, you may not want to use our Site.
Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or
designed to attract children under the age of 18. We do not collect personally identifiable information from any person
we actually know is a child under the age of 18. If you are less than 18 years old, you must not register for 411Fit,
nor are you allowed to use this web site.
Use of Content
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access,
use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply
fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software,
photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes,
notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks,
trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies
existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws),
and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Title to the Content remains with
411Fit or its licensors. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners,
suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content
which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale,
create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer,
you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including,
but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited
unless you receive our prior written consent.
Any special rules for the use of certain software and other items accessible on the 411Fit Site may be included elsewhere within
the Site and are incorporated into these Terms and Conditions by reference.
Any use of the Content 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 in the editorial discretion of 411Fit. All rights not expressly granted herein are
reserved to 411Fit and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and
you must immediately destroy any copies you have made of any portion of the Content.
Liability of 411Fit and its Licensors
The use of the 411Fit Site and the Content is at your own risk.
When using the 411Fit Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of
411Fit and its suppliers. Accordingly, 411Fit 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 411Fit Site.
The 411Fit Site and the content are provided on an "as is" basis. 411Fit, ITS LICENSORS, AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE. Without limiting the foregoing, 411Fit, its licensors, and its suppliers make no representations or
warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the 411Fit Site or 411Fit.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the 411Fit Site.
In no event shall 411Fit, its licensors, its suppliers, or any third parties mentioned on the 411Fit Site be liable for any damages
(including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages
resulting from lost data or business interruption) resulting from the use of or inability to use the 411Fit Site or the Content,
whether based on warranty, contract, tort, or any other legal theory, and whether or not 411Fit, its licensors, its suppliers, or
any third parties mentioned on the 411Fit Site are advised of the possibility of such damages. 411Fit, its licensors, its suppliers,
or any third parties mentioned on the 411Fit Site shall be liable only to the extent of actual damages incurred by you, not to exceed
U.S. $1000. In the unlikely event a class action suit is served against 411Fit, its licensors, its suppliers, or any third parties
mentioned on the 411Fit Site, the total liability for such damages are not to exceed U.S. $5000.
411Fit, its licensors, its suppliers, or any third parties mentioned on the 411Fit Site are not liable for any personal injury,
including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection
with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to
such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these
Terms and Conditions.
Becoming a Registered User
There is no cost to become a registered user of our Website. You do not have to become a registered user to use this Website.
However, if you do not register, you may be precluded from using certain products, offerings, features, or
resources of our Website. You must register in accordance with instructions that you will find on this Website to
participate in, and to contribute to, most of the features of our Website, including any blog, personal page,
group page, message board, bulletin board, library (e.g., recipe) swap, or similar activity where you can communicate
with other users of our Website or post your own Content.
If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete
information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data
and any other information you provide to us, to keep it accurate. Without limiting any other provision of these
Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable
grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse
any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or
sublicense your rights as a registered user of this Website. You further agree not to register for more than one
account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
If, while you are using the Website, you represent a company or other organization, you attest that you have sufficient authorization for your actions.
User Submissions
The personal information you submit to 411Fit is governed by the 411Fit Privacy Policy. To the extent there is an
inconsistency between this Agreement and the 411Fit Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the
Public Areas (including blogs, 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.
You agree that you will not send or transmit to 411Fit by email (including through the email addresses listed on the "Contact Us" link)
or any other means any communication or content that infringes or violates any rights of any party. If you submit any
business information, idea, concept or invention to 411Fit 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 411Fit by email,
you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-411Fit 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.
411Fit 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 411Fit by email. We try to answer every email in a
timely manner, but are not always able to do so.
User Submissions, Acceptable Content
You agree to only post or upload Content (like text, photos, videos or audio) that you have created yourself or that you have all
rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information
(like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of
other people without their permission is strictly prohibited.
By uploading any media on the 411Fit site, you warrant that you have permission from all persons appearing in your media
for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone
else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct,
obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under
applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the 411Fit Advertising
Policy and the 411Fit Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to 411Fit a perpetual, non-exclusive, worldwide,
royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the
media and any material included in the media; and (b) you certify that any person pictured in the submitted media
(or, if a minor, his/her parent/legal guardian) authorizes 411Fit to use, copy, print, display, reproduce, modify,
publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to
indemnify 411Fit and its affiliates, directors, officers and employees and hold them harmless from any and all
claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
411Fit reserves the right to review all media prior to submission to the site and to remove any media for any reason,
at any time, without prior notice, at our sole discretion.
If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website any Content,
(collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from,
communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name)
worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed,
for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights")
that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission,
any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and
our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce
any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission
placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy,
none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use
or disclosure of any Submissions.
Passwords
411Fit has several tools that allow you to record and store information.
You are responsible for taking all reasonable steps to ensure that no unauthorized person
shall have access to your 411Fit 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 411Fit account and password;
(3) promptly inform 411Fit of any need to deactivate a password.
You grant 411Fit 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. 411Fit cannot
and does not assume any responsibility or liability for any information you submit, or your or third parties' use or
misuse of information transmitted or received using 411Fit tools and services. You shall be responsible for all uses
of your login information, whether or not authorized by you.
Compass Nutritional Label Information
We attempt to provide nutrition information that is as complete as possible.
The nutritional values are based on standard product formulations and data from our suppliers. Variations may occur due to the use of regional suppliers,
seasonal influences, differences in product preparation at the restaurant level, recipe revisions, and other factors. This information is always subject
to change and will be updated periodically.
411Fit Data Services
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider,
are personally responsible for verifying its suitability for your needs.
CONTACT US: Questions or comments regarding the 411Fit website, including any reports of non-functioning links, should be directed by electronic
mail to #application.emails.support# or via U.S. mail to
411Fit
Attn: 411Fit Support Services
UNC Charlotte Research Institute
Bioinformatics Center #208
Robert D. Snyder Road
Charlotte, NC 28223-0001
We try to answer every email in a timely manner but are not always able to do so.
411Fit and Member to Member Areas ("public areas")
If you use a Public Area, such as message boards, blogs 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. 411Fit
and its licensors are 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, or embarrassing
to any other person or entity as determined by 411Fit 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 consent;
- 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 411Fit, exposes 411Fit or any of its customers or suppliers to any liability or detriment of any type.
411Fit reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public areas.
- Investigate an allegation that a communication(s) do(es) 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 with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the 411Fit 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 411Fit Site, regardless of whether such communication(s) violate these standards.
411Fit or its licensors have no liability or responsibility to users of the 411Fit Site or any other person or
entity for performance or nonperformance of the aforementioned activities.
We reserve the right to monitor some, all, or no areas of this Website (including any Community Area)
for adherence to the community standards and conduct guidelines set forth above or for any other purpose.
You acknowledge that by providing you with the ability to distribute Postings in the Community Areas, we are acting as a
passive conduit for such distribution and we are not undertaking any obligation or liability relating to any
Postings or activities in any Community Area, nor do we endorse any such Postings. Although we reserve the
right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior
to the Content's posting or to delete Postings that you may find objectionable or offensive. We are not
responsible for maintaining a copy of any material we remove from our Website, and we are not liable for
any loss you incur in the event that Content you post or transmit to our Website is been removed.
Advertisements, Searches, and Links to Other Sites
411Fit may provide links to third-party web sites. 411Fit also may select certain sites as priority responses to search
terms you enter and 411Fit may agree to allow advertisers to respond to certain search terms with advertisements or
sponsored content. 411Fit does not recommend and does not endorse the content on any third-party websites. 411Fit is
not responsible for the content of linked third-party sites, sites framed within the 411Fit Site, 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 websites is at your own risk and subject to the terms and conditions of use for such sites. 411Fit does
not endorse any product, service, provider, plan, or treatment advertised on the 411Fit Site.
Indemnity
You agree to defend, indemnify, and hold 411Fit, 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.
General
411Fit is based in Charlotte, North Carolina, in the United States of America with principal offices in the same location.
411Fit makes no claims that 411Fit or any Site within the 411Fit Network and the Content are 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 411Fit Network from outside the United States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions,
User Submissions - image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with 411Fit, or in any way relating to your use of the 411Fit Site,
resides in the courts of the State of North Carolina and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of the State of North Carolina in connection with any such
dispute including any claim involving 411Fit or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina,
without respect to its conflict of laws principles. 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 a further or
continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting 411Fit's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work,
and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material,
and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is
not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury,"
you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
411Fit's agent for copyright issues relating to this web site is as follows:
Connectivity Concepts, LLC.
Attn: Office of Privacy
UNC Charlotte Research Institute
Bioinformatics Center #208
Robert D. Snyder Road
Charlotte, NC 28223-0001
copyright@411Fit.com
Or call: (704) 996-2948
In an effort to protect the rights of copyright owners, 411Fit maintains a policy for the termination,
in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the 411Fit Site, these Terms and Conditions
and the 411Fit Privacy Policy constitute the entire agreement between you and 411Fit with respect to the use of the 411Fit Site, and Content.
Thank you for your cooperation. We hope you find the 411Fit.com Site helpful and convenient to use!
Last Updated: March 2018
© 2007-2024 Connectivity Concepts, LLC. All rights reserved.
