These Terms of Service ("Terms") govern your use of www.noshortcutz.com (the "Site"). The Site is operated by No Short Cutz, Inc. (“we”, “us” or “our”).

Read these Terms carefully. By viewing, browsing, searching, accessing or in any way using this Site you agree to abide by all of these Terms.

The Site has been developed to help our users connect with the fitness community, join athletic groups, and reach their health and fitness goals. The information provided on the Site and from our services is not intended to be a diagnosis or prescription. Before beginning any diet or fitness program please consult a physician. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. We cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of the Site.

IF YOU DO NOT AGREE TO, OR CANNOT COMPLY WITH THESE TERMS, DO NOT USE OUR SITE.

We may, from time to time, change these Terms. We will post a copy of the changed Terms on the Site. Your continued use of the Site, regardless of augmentation or modification, constitutes your agreement to abide by these Terms as posted on the Site. Your continued use of the Site is your representation to us that you have authority to enter into these Terms with us. You are responsible for regularly viewing these Terms. Any breach by you of these Terms may result in termination of your access to the Site, without notice, in addition to the other remedies available to us.

REGISTRATION

In order to use certain portions of the Site, you are required to register and to create a user account by providing personally identifying information such as your name and e-mail address. You agree to provide complete, honest and accurate information about yourself in these instances. If we believe that the information you provide is incomplete or inaccurate, we have the right to terminate your account and prohibit you from using the Site or portions of the Site. Our use of the information you provide is governed by the terms of our Privacy Policy; please review it. By viewing, browsing, accessing or using the Site automatically or otherwise, you agree to our Privacy Policy.

Some features and services on the Site require a user name and password for access. You agree that you are solely responsible for maintaining the confidentiality of your password and for use of the Site under your user name, password or account. If you become aware of any unauthorized use of your user name, password, or account, you agree to notify us immediately by sending an email to whatupbob@noshortcutz.com.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The Site may contain or provide information, graphics, images, photographs, icons, designs, news, editorials, weather, critiques, recommendations, tips, classifieds, press releases, brochures, documents, text, data (including but not limited to accounting, financial, legal, medical, and health and beauty), advertisements, video, audio, music, feeds, services, software technology, and other materials (the "Content"). We may change, update or remove Content without notice. We may also make improvements and/or changes in the products, services and/or the programs described in this Content at any time without notice. We do not represent or warrant that use of any Content will not infringe rights of third parties.

All of the Content displayed on, transmitted through, or used in connection with the Site, as well as its selection and arrangement, is owned by us and/or its affiliates, licensors or suppliers (excluding any "User Content," as defined below, which may be owned by others). The Site, along with its Content, is protected by copyright, trademark and other intellectual property laws of the United States of America and applicable international intellectual property laws.

You may use the Content only for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content only for your personal, non-commercial use, provided you do not remove or modify any trademark, copyright, or other notices contained in that Content. You may not use the Site or the Content in any way that constitutes an infringement of our or our licensors' intellectual property rights or violation of the privacy rights of others or that we have not specifically authorized in writing. You may not modify, copy, reproduce, republish, upload, post, re-post, transmit, translate, sell, create derivative works based upon, exploit, or distribute the Content in any manner or in any medium without our written authorization. To request permission to use the Content in a way not authorized in writing here or in any additional terms and conditions found on the Site or provided by us, please contact us at whatupbob@noshortcutz.com. We do not represent or warrant that use of any Content will not infringe rights of third parties.

You acknowledge that (i) no Content, User Content (defined below), advice or other information, whether oral or written, obtained by you from us or through the Site will create any warranty, and (ii) it is unreasonable to rely on such Content, User Content, advice or information without an independent verification. Do not rely on them for decisions that affect your health, property, livelihood, finances or business decisions. No business, accounting, financial, legal, medical or tax advice or counsel is given, nor shall it be deemed to have been given by us. You should always seek the assistance of a professional for advice on these matters.

USER CONTENT

The Site may include various features and services, such as bulletin boards, blogs, Web logs, discussion forums, feedback, bulletin board services, news groups, questionnaires, surveys, and other communication facilities or interactive areas, designed to provide you with forums in which to express your opinions and submit and share ideas, information, and materials, including, without limitation, data, text, files, links, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, music, classifieds, obituaries, events, calendars, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information (collectively, "User Content"). You are solely responsible for the User Content you post on our Site. You are solely responsible for all User Content posted through your User Profile. You may not, and you agree that you will not, in connection with your use of the Site: impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity, forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted on or through the Site or post or transmit any User Content that you do not have the right to post or transmit.

We reserve the right to edit, remove, or to refuse to post, any User Content, in whole or in part, for any or no reason, including, but is not limited to, any User Content that violates these Terms or is otherwise objectionable, in our sole discretion. We may not post all User Content that we receive.

You may be held liable for any illegal or prohibited User Content made accessible on or through the Site or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Site is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the Site any Submission that is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy; or that is hateful, or malicious; is or could be harmful to minors; or contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by us or any other party; or otherwise violates any local, state, national or other applicable law or regulation.

YOUR LICENSE TO US.

You retain all of your ownership rights in your User Content. However, by submitting any User Content to us or to or through the Site, you grant to us, and to our sublicensees, an unrestricted, worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, and irrevocable right and license, without the requirement of any permission from or payment (or other consideration of any kind) to you or to any other person or entity, to use, re-use, reproduce, transmit, print, publish, modify, edit, alter, create derivative works based upon, display, exhibit, publicly perform, distribute, re-distribute, host, store, cache, archive, index, categorize, comment on, broadcast, stream, adapt, and translate the User Content and any ideas, concepts, know-how or techniques contained in or conveyed by the User Content, in whole or in part, in any and all formats and channels now known or hereafter developed (including, without limitation, on other Web sites operated by us, on third party Web sites, in our print publications, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution services. In addition, for all of your User Content, you hereby grant us and our sublicensees the right, on an unrestricted, worldwide, royalty-free, non-exclusive, perpetual and irrevocable basis, to reproduce and use your name, likeness, image and voice (together with all trademark rights therein) on or in connection with the use of the Submission and in any and all promotion or advertising material related thereto.

All User Content you transmit to us and the Site will be treated as non-confidential and non-proprietary. You acknowledge that anything you submit to the Site by way of any User Content is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such User Content. You acknowledge that the User Content and features on the Site are forums for public and not private communications. You agree that any User Content you submit is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a forum or blog, that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You understand and acknowledge that we may publish your username in connection with any User Content. If you use your legal name as your username, then your legal name may be published.

We do not control, and are not responsible for, and do not guarantee the accuracy, integrity or quality of, the User Content made available through this Site. By using this Site, you may be exposed to User Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that we are not responsible for the acts or omissions of users on this Site. We may now or in the future provide you a mechanism or click button to allow you to report any User Content you may find objectionable. We do not guarantee that any such User Content will be removed, edited or deleted, and we are not responsible or liable for our refusing or failing to remove, edit or delete a User Content you find objectionable. You agree that you must evaluate and bear all risks associated with your use of and reliance on this Site and any of its User Content. You also agree that under no circumstances will we or any of our affiliated entities be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise made available via this Site.

You acknowledge that the substance, views and opinions expressed in the User Content are those of the author or submitting user solely and do not necessarily reflect our or our affiliated companies' views or opinions. You should make your own evaluation of the content, views, and opinions expressed in the User Content. We and our affiliated companies are not responsible for and do not endorse, guarantee, or warrant any content, views, opinions, products, advice, recommendations or services referenced, posted or sent by the authors or submitting users through this Site. In fact, we specifically disclaim any and all liability in connection therewith.

This Site may permit you to link to User Content on the Site for personal, non-commercial purposes only. In addition, the Site may provide an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial Web sites for use in accessing the User Content on the Site, provided that you include a prominent link back to our Site on the pages containing the Embeddable Player. We reserve the right to discontinue any aspect of the Site at any time. You agree to take down your link promptly upon our request. The use of the Embeddable Player may be subject to additional terms and conditions.

EXPRESS DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

We and our affiliates do not warrant the accuracy or completeness of the Content contained on the Site. We may make changes to the Content at any time without notice and make no commitment to update the Content.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE, THE CONTENT AVAILABLE ON OR THROUGH THE SITE, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE SITE, IF ANY, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND WE AND OUR AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE SITE. COPLEY AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE. COPLEY AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, SUBSIDIARIES, SITE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, US AND OUR AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SITE; (2) OUR OR OUR AFFILIATES' USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; (3) USER CONTENT OR INFORMATION POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (4) ANY VIOLATION OF THESE TERMS BY YOU.

PROTECTING COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We will terminate the accounts of repeat infringers.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, 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): (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows:

Bob Gold whatupbob@noshortcutz.com

We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate these Terms, your registration for any program offered on the Site, your ability to access the Site, and to remove any User Content, for any reason, including without limitation any breach by you of these Terms or conduct by you that we determine to be inappropriate. You agree that we and our affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.

ASSIGNMENT

We may at any time transfer its rights and obligations under these Terms to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires us or any of our assets.

JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts located in Travis County, Texas.

The Site is controlled, operated and administered by us from within the United States. We make no representation or warranty that the Content available on the Site is appropriate or available for use at other locations outside of the United States. If you use the Site in a jurisdiction that prohibits or restricts the use of the Site, you agree that your use of the Site will be at your own risk, without limitation of any other provision of these Terms, and that we and our affiliates shall not have any liability with respect to such use. Software from this Site may be subject to United States export controls. You may not use the Site or export software from this Site in violation of United States export laws and regulations.

ENTIRE AGREEMENT; MISCELLANEOUS PROVISIONS

These Terms constitute the complete and entire agreement between you and us and supersedes any prior agreement, whether written or oral. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. Any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision. The section titles used in these Terms are for convenience only and have no legal or contractual effect.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.