Terms of Service for Our Fitness and Other Tools

Last Updated: 04/01/2025

Please read these Terms of Service ("Terms") carefully before accessing or using our suite of fitness and other tools (the "Tools") and our website. By accessing or using the Tools or our website, whether directly or through embedding, you ("you" or "User") agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Tools or our website.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Kurt Astarita/post40gians-fitness-tools.kurtastarita.com ("we," "us," or "our"). Your use of the Tools and our website signifies your acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Description of Tools

Our Tools encompass a variety of fitness and other resources, including but not limited to calculators, generators, and logs, designed to assist users with various tasks. The specific functionalities of each Tool are described on the respective pages of our website.

3. User Responsibilities

When using our Tools, you agree to:

• Provide accurate and truthful information when required by a Tool.
• Use the Tools for lawful purposes only and in a manner that does not infringe upon the rights of others or restrict or inhibit their use and enjoyment of the Tools or our website.
• Not attempt to interfere with the proper functioning of the Tools or our website, including but not limited to introducing viruses, malware, or other harmful code.
• Acknowledge that the results and outputs provided by the Tools are for informational and personal use only and should not be considered professional advice. You should consult with qualified professionals for specific guidance related to fitness, health, finance, or other areas where our Tools provide information.
• Provide accurate and truthful information when submitting inquiries through our contact form, including your name and email address.
• Understand that by submitting information through the contact form, you are consenting to us collecting, storing, and using that information to respond to your inquiries as outlined in our Privacy Policy.

4. Embedding Our Tools

We permit third-party websites to embed our Tools using the provided iframe code. If you choose to embed our Tools on your website, you agree to the following:

• You are responsible for ensuring that the embedding of our Tools complies with all applicable laws and regulations and the terms and conditions of your website.
• You must not modify the Tools in any way that alters their functionality, appearance, or branding without our express written consent.
• You must provide a clear attribution to our website (e.g., a link back to our Tool's original page).
• We reserve the right to revoke permission to embed our Tools at any time and for any reason, and you agree to promptly remove the embedded Tools upon our request.
• We are not responsible for the content, operation, or privacy practices of your website where our Tools are embedded.
• You agree to indemnify and hold us harmless from any claims, damages, or losses arising out of your embedding or use of our Tools on your website.

5. Intellectual Property Rights

All rights, title, and interest in and to the Tools and our website, including but not limited to the design, code, text, graphics, and logos, are and will remain the exclusive property of Kurt Astarita/post40gians-fitness-tools.kurtastarita.com and are protected by applicable copyright, trademark, and other intellectual property laws. You are granted a non-exclusive, non-transferable, revocable license to use the Tools for your personal, non-commercial use.

You may not reproduce, modify, distribute, display, perform, or create derivative works of any part of the Tools or our website without our prior written consent.

6. Disclaimer of Warranties

THE TOOLS AND OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE TOOLS OR OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE CONTENT OR OUTPUT PROVIDED BY THE TOOLS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KURT ASTARITA/POST40GAINS-FITNESS-TOOLS.KURTASTARITA.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE TOOLS OR OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE TOOLS OR OUR WEBSITE SHALL NOT EXCEED $1.00.

8. Indemnification

You agree to indemnify, defend, and hold harmless Kurt Astarita/post40gians-fitness-tools.kurtastarita.com and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Tools or our website, (b) your violation of these Terms, (c) your embedding of our Tools on your website, or (d) your violation of any third-party rights.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Maryland, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Tools or our website shall be brought exclusively in the state or federal courts located in Maryland, and you hereby consent to the personal jurisdiction of such courts.

10. Changes to These Terms

We reserve the right to modify or revise these Terms at any time without notice. By continuing to access or use the Tools or our website after any such changes, you agree to be bound by the revised Terms. It is your responsibility to review these Terms periodically for any updates.

11. Termination

We may terminate or suspend your access to all or any part of the Tools or our website at any time, with or without cause or notice, which may result in the forfeiture and destruction of all information associated with your use. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights, disclaimers of warranties, limitations of liability, and indemnification.

12. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kurt Astarita/post40gians-fitness-tools.kurtastarita.com concerning your use of the Tools and our website and supersede all prior and contemporaneous communications and proposals, whether oral or written.

13. Contact Us

If you have any questions or concerns about this privacy policy, please feel free to contact me at: My Contact Page