Terms and Conditions
Last Modified: February 2, 2022
Acceptance of the Terms
Couture provides this software as a service (“CTFit”) (whether made available through a website offered by Couture, third-party hardware, other websites (including third-party websites), or equipment, or otherwise, collectively, the “Electronic Platforms”) to you, for your informational, noncommercial use, and subject to these Terms.
By using CTFit, you represent and warrant that you are the legal age of majority under applicable law. If you do not meet such requirement, you must not access or use CTFit. You acknowledge and agree that you have no rights with respect to CTFit, other than the rights expressly granted to you by these Terms.
Modifications to these Terms and to CTFit
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of CTFit. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use of CTFit shall constitute your acceptance of same.
CTFit, the Electronic Platforms, and any features, information, or content available therein, may be changed, withdrawn, or terminated at any time in our sole discretion without notice to you. We will not be liable if, for any reason, all or any part of CTFit is restricted or unavailable at any time or for any period.
Your Use of CTFit
Subject to your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, license to use CTFit solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use not expressly set forth herein.
CTFit must not be framed on any other site. You agree to cooperate with us in stopping any unauthorized framing.
You may be required to register for an account in order to access CTFit. If the foregoing applies to you, you may need to provide certain personal information (e.g., name, email address, gender). It is a condition of your use of CTFit that all the information you provide is current, correct, and complete. The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. You are responsible for complying with these Terms and obtaining your own access to CTFit (including any Electronic Platforms required to access CTFit).
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that if you are provided an account, your account is personal to you and you agree not to provide any other person with access to CTFit or portions thereof using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any reason or no reason, including any violation of any provision of these Terms.
You are prohibited from violating or attempting to violate or circumvent the security of CTFit, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor CTFit; (f) using any robot, spider, or other automatic device, process, or means to access CTFit for any purpose, including monitoring or copying any of the material contained therein; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking CTFit via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of CTFit.
Intellectual Property Rights and Ownership
You understand and agree that CTFit and the Electronic Platforms and the content, features, and functionality available therein, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Couture, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
All trademarks, service marks, logos, product and service names, designs, images, and slogans are trademarks appearing within CTFit or on the Electronic Platforms are owned by Couture or its affiliates or licensors. You must not use such marks without the prior written permission of Couture. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear within CTFit or on the Electronic Platforms are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use CTFit and the Electronic Platforms for your personal use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on CTFit or the Electronic Platforms, in any form or medium whatsoever except that your computer and browser may temporarily store or cache information through no affirmative act of you and in the normal course of operation.
You are not permitted to modify, copy, or reproduce CTFit nor delete or alter any copyright, trademark, or other proprietary rights notices available therein. You must not access or use for any commercial purposes any part of CTFit or any services or materials available therein. If you breach any of the foregoing, your right to use CTFit will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Other than those rights expressly granted under these Terms, you have no right, title, or interest in or to CTFit, the Electronic Platforms, or any content or material contained therein. All rights not expressly granted are reserved by Couture. Any use of CTFit or the Electronic Platforms not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
If you believe that any content on CTFit or the Electronic Platforms violate or infringe upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately of the alleged infringement at 301 S. Perimeter Park Drive, Suite 100, Nashville, TN 37211 or email@example.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
User Submissions; Grant of License
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms.
You understand and agree that you, not Couture nor Couture’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of CTFit.
Monitoring and Enforcement, Suspension, and Termination
Couture has the right, without provision of notice, to:
Remove or refuse to post any User Submissions for any reason or no reason in our sole discretion.
At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of CTFit. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on CTFit.
Terminate or suspend your access to CTFit in whole or in part for any reason or no reason, including, without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS COUTURE AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY COUTURE AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER COUTURE OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party, to monitor CTFit, the Electronic Platforms, or their use, and do not and cannot undertake to review material that you or other users of CTFit submit to CTFit. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
The content provided through CTFit and the Electronic Platforms are for general information purposes only. Although we make reasonable efforts to update the information available therein, we make no representations, warranties, or guarantees, whether express or implied, that such content is accurate, complete, or up to date. Your use of CTFit and the Electronic Platforms is at your own risk and neither Couture nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for such use.
CTFit and the Electronic Platforms may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Couture, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Couture. Neither Couture nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
For your convenience, the Electronic Platforms may provide links or pointers to third-party sites, including sites where certain products may be offered for sale. You are subject to any terms and conditions of such third-party sites (including any terms or conditions governing the purchase of products available therein). We make no representations about any other websites that may be accessed from our Electronic Platforms. If you choose to access any such third-party sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use or visitation of such sites.
The owner of CTFit is based in Tennessee. We provide CTFit for use by persons located in the United States. CTFit is not intended for use in any jurisdiction where its use is not permitted. If you access CTFit from outside the United States, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF CTFit, THE ELECTRONIC PLATFORMS, AND ANY CONTENT OR ITEMS DISCOVERED, SOLD, OR MADE AVAILABLE THEREIN IS AT YOUR OWN RISK. CTFIT AND THE ELECTRONIC PLATFORMS ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER COUTURE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF CTFIT, THE ELECTRONIC PLATFORMS, OR ANY CONTENT AVAILABLE THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER COUTURE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT CTFIT, THE ELECTRONIC PLATFORMS, OR ANY CONTENT AVAILABLE THEREIN WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ELECTRONIC PLATFORMS OR ANY INFORMATION TECHNOLOGY INFRASTRUCTURE DELIVERING CTFIT OR CTFIT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS PROVIDED BY PARAGRAPH 13 (LIMITATION OF LIABILITY), BELOW, YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF CTFIT AND THE SECURITY OF ANY DEVICES OR NETWORKS USED TO ACCESS CTFIT. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF CTFIT, THE ELECTRONIC PLATFORMS, OR ANY WEBSITES OR THIRD PARTY CONTENT LINKED TO THE FOREGOING.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COUTURE, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, CTFIT, THE ELECTRONIC PLATFORMS, ANY LINKED WEBSITES OR OTHER THIRD-PARTY WEBSITES, OR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION AVAILABLE THEREIN EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION RELATING TO YOUR USE OF CTFIT AND THE ELECTRONIC PLATFORMS, UNDER ALL THEORIES OF LIABILITY, WILL BE LIMITED TO TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE USED CTFIT AND THE ELECTRONIC PLATFORMS WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY UNDER THESE TERMS.
BY ACCESSING CTFIT AND THE ELECTRONIC PLATFORMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAVIER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Couture, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of CTFit or the Electronic Platforms, including, but not limited to, actions under your account name, your violation of any law or regulation or any rights of another, your User Submissions, third-party sites, and any use of content other than as expressly authorized under these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
Governing Law; Venue
These Terms will be governed by and construed in accordance with the laws of Tennessee, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the State of Tennessee or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to these Terms will be instituted in the state or federal courts of Sumner County, Tennessee, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
The Terms and any other document incorporated by reference herein constitute the sole and entire agreement between you and Couture regarding CTFit and the Electronic Platforms and supersedes all prior and contemporaneous understandings, agreements, representations, warranties, whether written or oral, regarding such subject matter.
Electronic Communications and Notices
When you use CTFit, visit the Electronic Platforms, or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), or by posting notices on the Electronic Platforms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Couture is set forth in Section 23 (Reporting and Contact), herein. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder: (a) in the case of certified mail, on the second business day after deposited in the U.S. mail; and (b) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section 19.
Time Limit on Claims Against Us
You agree that any claim you may have arising out of or related to your use of the Electronic Platforms or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms or your rights under these Terms without our prior written consent and any assignment in violation of this prohibition will be null and void.
You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Reporting and Contact
CTFit is operated by Couture Technologies, LLC at 301 S. Perimeter Drive, Suite 100, Nashville, TN 37211.
Should you become aware of misuse of CTFit or the Electronic Platforms including libelous or defamatory conduct, you must report it to Couture at firstname.lastname@example.org.
All other feedback, comments, requests for technical support, and other communications relating to CTFit or the Electronic Platforms should be directed to email@example.com.