FIT CLUB MKE does not and shall not discriminate on the basis of race, color, religion
(creed), gender, gender expression, age, national origin (ancestry), disability, marital status,
sexual orientation, or military status, in any of its activities or operations. These activities
include, but are not limited to, hiring and firing of staff, selection of volunteers and
vendors, and provision of services. We are committed to providing an inclusive and
welcoming environment for all members of our staff, clients, volunteers, subcontractors,
vendors, and clients.
FIT CLUB MKE is an equal opportunity employer. We will not discriminate and will take
affirmative action measures to ensure against discrimination in employment, recruitment,
advertisements for employment, compensation, termination, upgrading, promotions, and
other conditions of employment against any employee or job applicant on the bases of
race, color, gender, national origin, age, religion, creed, disability, veteran's status, sexual
orientation, gender identity or gender expression.
FIT CLUB MKE is 501(c)(3) and all donations are tax deductible. EIN# 86-1493242
Terms & Conditions
Welcome to FIT CLUB MKE (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at
www.fitclubmke.org (together or individually “Service”) operated by FIT CLUB MKE.
information that results from your use of our web pages.
have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let
us know by clicking here so we can try to find a solution. These Terms apply to all visitors, users and others who
wish to access or use Service.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of these communications from us
by following the unsubscribe link or by clicking here.
3. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may
be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please
Service, Promotion rules will apply.
Content found on or through this Service are the property of FIT CLUB MKE or used with permission. You may
not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part,
for commercial purposes or for personal gain, without express advance written permission from us.
5. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing
them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”,
“chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other
person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or
harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as
determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any
other party’s use of Service, including their ability to engage in real time activities through Service.
Use any robot, spider, or other automatic device, process, or means to access Service for any purpose,
including monitoring or copying any of the material on Service.
Use any manual process to monitor or copy any of the material on Service or for any other unauthorized
purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server
on which Service is stored, or any server, computer, or database connected to Service.
Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company rating.
Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
7. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using
Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority,
right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are
not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
8. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will
remain the exclusive property of FIT CLUB MKE and its licensors. Service is protected by copyright, trademark,
and other laws of and foreign countries. Our trademarks may not be used in connection with any product or
service without the prior written consent of FIT CLUB MKE.
9. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted
on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has
been copied in a way that constitutes copyright infringement, please submit your claim by clicking here, include
in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and
Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-
faith claims on the infringement of any Content found on and/or through Service on your copyright.
10. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our
Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page
address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on Service where the material that you claim is infringing
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent by clicking here.
11. Error Reporting and Feedback
You may provide us either directly at www.fitclubmke.org/contact or via third party sites and tools with
information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and
other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain,
acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii)
Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential
information or proprietary information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the
Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy,
modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any
12. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by FIT CLUB
FIT CLUB MKE has no control over, and assumes no responsibility for the content, privacy policies, or practices
of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR
INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH
USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH
THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB
SITES OR SERVICES THAT YOU VISIT.
13. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT
YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE
ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
14. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE,
HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION
AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR
PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF
ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS
LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS
AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or
liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited
to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of United States, which governing
law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If
any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and
supersede and replace any prior agreements we might have had between us regarding Service.
17. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in
our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable
at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire
Service, to users, including registered users.
18. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review
these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to
the changes. You are expected to check this page frequently so you are aware of any changes, as they are
binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
19. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to
assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Should you have any feedback, comments, requests for technical support or other inquiries, please contact us
by clicking here.