MEDICAL ADVICE NOTICE!

The contents of FitnessTX.com (the "Site"), including articles, graphics, images, and all other material (the "Content"), are for your private use and informational purposes only. If you have a medical emergency, do not rely on the Content to treat your condition; call your doctor or go to a hospital immediately. The Content is not intended to be professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding any medical concerns or conditions.

Reliance on the Content or any other information provided by FitnessTX.com or Xcitement Media Group, Inc., or any of its employees, agents, authors or others providing Content on the Site is solely at your own risk. The Site and the Content are provided on an "as is" basis.

The Site may contain health- or medical-related materials that you may find offensive or sexually explicit. If you find any of the Content offensive, stop using the Site. Please see our Editorial Policies above for more information.


Community Guidelines

COMMUNICATION

All communications between users of FitnessTX via discussion forums, chat or any other means of communication supplied by FitnessTX are public and not private communications. The opinions and viewpoints expressed by users of FitnessTX are wholly their own and not necessarily those of Xcitement Media Group, Inc., or its employees. FitnessTX reserves the right to remove any messages without notice, and also reserves the right to ban users for any reason without notification.

The communications area of FitnessTX shall be used for lawful purposes only. No material shall be posted on or transmitted through FitnessTX which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or is otherwise objectionable or violates the spirit of the FitnessTX community as deemed by employees of Xcitement Media Group, Inc.

LINKS/ADVERTISING

No advertising or promotional statements are permitted in the FitnessTX discussion forums or anywhere on the FitnessTX Web site with the exception of our sponsored advertising. If you are interested in advertising opportunities with FitnessTX, please contact our Advertising Department. FitnessTX reserves the right to remove any message with promotional or advertising statements or links to other sites in it. FitnessTX is not responsible for the content of any site that is linked within the FitnessTX discussion forums or anywhere else on the FitnessTX Web site.

SPAM

The FitnessTX online discussion forums, and the entire FitnessTX Web site is not to be used to "spam" others. "Spam" includes identical and irrelevant submissions posted repeatedly on the same or multiple message boards, and often includes a misrepresentation of the source of what is posted. FitnessTX may ban any user, at any time, without notice, for spamming or otherwise posting unwelcome messages on the message boards.

PERSONAL INFORMATION

FitnessTX encourages users to not disclose personal information anywhere on the FitnessTX Web site. FitnessTX cannot be held responsible or liable for the use of any information that users provide within this public forum. FitnessTX recommends that users do not share personal information publicly on the FitnessTX Web site such as your email address, postal address, phone numbers, social security number, credit card number, etc. For more information, please see our Safety Guidelines below.

COMMUNITY CONTENT

FitnessTX makes no claims that information dispersed through the discussion forums or in other member areas of the FitnessTX Web site is accurate or reliable. FitnessTX cannot be held liable for any statements made by users of FitnessTX.com discussion forums or FitnessTX members. FitnessTX recommends that you install a virus protection program on your computer.

Some content and links on the Internet may contain adult content that may not be suitable for children. FitnessTX is not responsible for any content or links to adult material that is posted by users on the FitnessTX.com discussion forums or elsewhere on the FitnessTX Website.

Users are responsible for any actions they may take based on advice or information they receive online. Users should use their own good judgment in evaluating information received online.

POSTINGS

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services (such as message boards), web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or other users ("Post" or "Postings"). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. PLEASE CONSULT A PHYSICIAN OR OTHER RELEVANT EXPERT (DEPENDING ON THE NATURE OF THE INFORMATION) BEFORE PRACTICING ANYTHING YOU READ ON THE POSTINGS OR USING ANY INFORMATION FROM THE POSTINGS. Any action taken by a viewer of the Postings based on information presented on the Postings is at your own risk and could be dangerous or life-threatening. Postings do not reflect the views of FitnessTX or Xcitement Media Group, Inc. We do not monitor, endorse, edit or screen any Postings, although we reserve the right to do so, nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall we have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize FitnessTX and Xcitement Media Group, Inc. and their assigns to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant FitnessTX and Xcitement Media Group, Inc. and their assigns the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).

In addition, in using our Communities to make a Posting, you agree to follow our Community Guidelines.

The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement please contact us immediately at admin@FitnessTX.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

OTHER USERS

Users may not post any e-mail addresses or personal or business information other than their own on any area of this site. Users will be held responsible and may be criminally liable for the posting of any other individual's personal information.

LEGAL AUTHORITIES

FitnessTX and/or Xcitement Media Group, Inc., the publisher of FitnessTX, may disclose user information to government authorities at their discretion or when required by law. FitnessTX may also disclose user information when FitnessTX has reason to believe that someone is causing injury to or interference with its rights or property, other FitnessTX.com users, or anyone else that could be harmed by such activities.

BY REGISTERING WITH FitnessTX.COM, YOU AGREE TO INDEMNIFY FitnessTX AND ITS PUBLISHER Xcitement Media Group, INC., ITS EMPLOYEES, REPRESENTATIVES, AND AGENTS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS (INCLUDING CLAIMS FOR LEGAL FEES) WHICH MAY ARISE FROM YOUR PARTICIPATION ON THE FitnessTX WEB SITE. YOU ALSO AGREE THAT FitnessTX IS NOT RESPONSIBLE FOR THE MATERIALS POSTED BY USERS OF THE FitnessTX WEB SITE. IN ADDITION, YOU GRANT FitnessTX, ITS PUBLISHER Xcitement Media Group, INC., AND ITS AFFILIATES, WORLDWIDE, ROYALTY-FREE PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE RIGHT AND LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM AND DISPLAY ANY MESSAGE OR CONTENT POSTED ON THE FitnessTX WEB SITE AND/OR E-MAIL SENT BY YOU TO FitnessTX OR Xcitement Media Group, INC. (IN WHOLE OR IN PART).

Intellectual Property

The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any material without the express prior written consent of Xcitement Media Group, Inc. or its owner if Xcitement Media Group, Inc. is not the owner. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us at admin@FitnessTX.com.

Guidelines for Protecting Your Safety Online and Offline

Your safety is important to us. Please keep the following in mind when you're online:

Keep private information private. Always use caution and common sense when interacting with people online. Never post any personal or contact information online including your phone number, your first and last name, any passwords, your email address, your social security number, bank or credit card numbers, or the name of your company. Please don't ask others for this information either. Make sure your screen name and FitnessTX profile don't include personally identifiable information. Be careful about the pictures you post online. And never post pictures of your friends and family without getting their permission first.

Protect yourself from online scams. "If it sounds too good to be true, it usually is," is a saying that's been around for a long time for a reason. Always beware of anyone asking for money. No matter how sad a story they may be telling, never share your bank or credit card information with them.

Don't forget that your FitnessTX profile and the FitnessTX online community are public spaces. Never post anything you wouldn't want the world to know (e.g., your phone number, address, or specific whereabouts). Avoid posting anything that would make it easy for a stranger to find you, such as places you go to frequently. Always use caution when agreeing to meet people face-to-face who you've only interacted with online.

Harassment, hate speech, and inappropriate content should be reported to us immediately. If you see any content on the FitnessTX Web site that you feel is inappropriate, report it by clicking the "Report Abuse" link. If you have any concerns about how anyone is behaving towards you on FitnessTX or if you're concerned about any behavior you're witnessing on the site, please contact us immediately at admin@FitnessTX.com.

Advertising and Sponsorship Policies

The following guidelines have been established by FitnessTX and its publisher Xcitement Media Group, Inc. to govern various aspects of Advertising on our site and to clarify the distinction between Sponsored and Editorial content.

FitnessTX has sole discretion for determining the types of Advertising that will be accepted and displayed on the FitnessTX Web site, and under no circumstances shall FitnessTX's acceptance of any Advertisement or Sponsor be considered an endorsement of the product(s) and/or service(s) advertised or for the company that manufactures, distributes, or promotes such product(s) or service(s). All Advertising, Sponsorships and Promotions will be clearly identified as such either by label or design, and unambiguously differentiated from the site's editorial content and features.

Clicking on an ad will link visitors to an advertiser's site or to sponsored content on FitnessTX.com. Sponsored content is labeled as such and the name of the sponsoring entity is displayed.

If Sponsored Content appears in search results, it is labeled as "Sponsored" so that users can make informed decisions about the content they wish to view.

FitnessTX reserves the right to reject, cancel, or remove at any time any Advertising from the site for any reason and will provide prompt notice to the advertiser upon rejection, cancellation, or removal of any advertising, together with an explanation following the rejection, cancellation, or removal.

It is the responsibility of the Advertiser to comply with all applicable domestic and foreign laws, including applicable laws and regulations of regulatory bodies. This includes Direct to Consumer (DTC) pharmaceutical advertising. FitnessTX will not monitor compliance with applicable laws and regulations. However, FitnessTX reserves the right to review all Advertising for compliance with applicable laws and regulations, and if FitnessTX becomes aware of any breach or potential breach of any applicable law or regulation or of these guidelines, FitnessTX may remove the Advertising.

FitnessTX's Liability

FitnessTX is a brand of Xcitement Media Group Inc. and the use of the Content of FitnessTX.com is at your own risk.

When using FitnessTX.com, information will be transmitted to you over a medium that is beyond the control and jurisdiction of Xcitement Media Group and its suppliers. Accordingly, Xcitement Media Group 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 FitnessTX.com.

FitnessTX.com and all of the content are provided on an "as is" basis. Xcitement Media Group INC., 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, Xcitement Media Group Inc., its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, or timeliness of the content of the site, software, text, graphics, links, or communications provided on or through the use of the Site.

The satisfaction of any government regulations requiring disclosure of information on drug products or dietary supplements or the approval or compliance of any software tools with regard to the content on the Site.

In no event shall Xcitement Media Group, Inc. its licensors, its suppliers, or any third parties mentioned on the 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 Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Xcitement Media Group, Inc. its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. Xcitement Media Group, Inc., its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

The above guidelines represent a good faith effort by FitnessTX to ensure Web site visitors of the high-quality, trustworthy, uncompromising, and authoritative nature of the information published on FitnessTX.com.

For additional information, please see our Privacy Policies.