Terms & Conditions

THE ULTIMATESMARTFITCHALLENGE.RO WEBSITE, INCLUDING ITS SUBSITES (TYPICALLY ANY WEB PAGES WHICH END IN ULTIMATESMARTFITCHALLENGE.RO) THAT DISPLAY THESE TERMS, AND ALL SOFTWARE, PRODUCTS, APPLICATIONS, MOBILE SITES, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR WEB SITE OR SUBSITES (COLLECTIVELY, THIS “SITE”) IS OWNED AND OPERATED BY OR
ON BEHALF OF SC SMART FITNESS STUDIO, WITH AN OFFICE LOCATED AT 22, PODGORIEI, TIMISOARA, ROMANIA. YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF
USE (“TERMS OF USE”) AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS
OF USE CAREFULLY.
BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE
CONTENT OR SERVICES HEREON.
CERTAIN PORTIONS OF THE WEBSITE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SPECIFIED BY US FROM TIME TO TIME; YOUR USE OF THE WEBSITE IS SUBJECT TO THOSE ADDITIONAL TERMS AND CONDITIONS,
WHICH ARE INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE.

I. Privacy Policy
We respect your privacy. Our collection, use and disclosure practices regarding yourpersonally identifiable information is set forth in our Privacy Policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy.

II. Registration and Eligibility
Ultimate Smartfit Challenge may allow users to establish an account to access various features of this Site,
such as registration for the Ultimate Smartfit Challenge Newsletter, events, registration for Ultimate Smartfit Challenge competitions and use of its message boards, discussion boards, and other public forums.
If you register, you agree to provide Ultimate Smartfit Challenge with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of your account. Failure to provide accurate, truthful, complete, and updated registration information for certain events or features, such as Ultimate Smartfit Challenge competitions, may also lead to your disqualification, expulsion or denial
from such events or features. Further, as part of the Ultimate Smartfit Challenge registration process, and for all stages of the Ultimate Smartfit Challenge competitions, registrants must agree, without limitation, to comply with the rules and guidelines stipulated in the Ultimate Smartfit Challenge Rule Book.
You must be 18 years of age or over, or the legal age to form a binding contract in your
jurisdiction if that age is greater than 18 years of age, to register for any function, service, or
portion of this Site which requires such registration. This Site is not intended or designed to
attract children under the age of 13. If you are under the age of 13, you may not use the Site. If
you are a minor age between the ages of 13 and 18 (or the applicable legal age in your
jurisdiction), you can use such functions or services only in conjunction with, and under the
supervision of, your parent or guardian who has agreed to these Terms of Use. If you are a parent
or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of
13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or
her use of the Website and the User Content (as defined below), including all legal liability he or
she may incur. By using this Site and any services provided therein, you represent and warrant
that you have the right, authority, and capacity to enter into these Terms of Use and to abide by
all of the terms and conditions set forth herein.

III. Passwords
When you are required to open an account to use or access this Site or any of its features
or services, you will also be asked to provide a user name and password. You agree that we may
store and use any registration data, including your user name and password, you provide for use
in maintaining your account. You are entirely responsible for maintaining the confidentiality and
security of your password and account. You may not use the account, username, or password of
someone else at any time. You agree to notify Ultimate Smartfit Challenge immediately of any unauthorized use of
your account, user name, or password (collectively, a “User ID”). Ultimate Smartfit Challenge shall not be liable for
any loss that you incur as a result of someone else using your password, either with or without
your knowledge. You may be held liable for any losses incurred by Ultimate Smartfit Challenge, its subsidiaries,
entities owned, related to or controlled by Ultimate Smartfit Challenge, officers, directors, employees, consultants,
staff, agents, and representatives due to someone else’s use of your account or password.
Ultimate Smartfit Challenge reserves the right to refuse registration of, or cancel a User ID, in its sole discretion.
You may not sell or transfer your account, or otherwise allow any third party to use your account
for any purpose.

IV. Medical Disclaimer
You expressly acknowledge and agree that Ultimate Smartfit Challenge and this Site do not provide medical
advice and are not a substitute for professional medical diagnosis, treatment or advice or a
medical examination. The content of this Site may contain general information relating to certain
medical conditions and their treatment. Such information is provided for informational purposes
only and is not intended to replace or substitute for advice provided by a physician or other
medical provider. You should not use the information provided on this Site for diagnosing a
health problem or disease. Prior to participating in any program, workout, training, course,
activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed
on this Site, or if you have any questions regarding a medical condition, seek the advice of your
physician and other qualified health-care professionals. You understand that the exercises and
programs discussed on this Site can be strenuous and should be scaled or done in moderation.
There is an inherent risk in any exercise that, while providing some health benefits, it can also
cause unknown health issues. Application or reliance on the techniques, advice, ideas, and
suggestions of any person associated with Ultimate Smartfit Challenge or this Site are at your sole discretion and
risk.
Never disregard professional medical advice or delay in seeking it because of something
you have read on the Site. If you think you may have a medical emergency, call your doctor or
112 immediately. Ultimate Smartfit Challenge does not recommend or endorse any specific tests, physicians,
products, procedures, opinions, or other information that may be mentioned on the Site. Reliance
on any information provided by Ultimate Smartfit Challenge, Ultimate Smartfit Challenge employees or staff, others appearing on the
Site at the invitation of Ultimate Smartfit Challenge, or other visitors to the Site is solely at your own risk.

V. Use of Site; Limited License
All content on this Site and otherwise available through this Site, including designs,
logos, artwork, text, graphics, images, data, information, software, music, sounds, interactive
features, video, audio and other files, and all other copyrightable or otherwise legally protectable
elements of the Site, including, without limitation, their selection, compilation and arrangement,
is owned by Ultimate Smartfit Challenge or its licensors. No Site content may be modified, distributed, framed,
copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, licensed,
bartered, leased or sold in any form or by any means, in whole or in part, other than as expressly
permitted in these Terms of Use or as expressly authorized in writing by Ultimate Smartfit Challenge.
Subject to these Terms of Use, authorized users may access and use this Site and this
Site’s content and download or print a reasonable number of copies of portions of this Site
content to which the user has properly gained access solely for the user’s personal, noncommercial
use (unless otherwise expressly authorized in writing by Ultimate Smartfit Challenge), provided that the
user maintains all copyright or other proprietary notices, without alteration, on all copies of such
Site content. You may not publish or otherwise distribute Site content, including via the Internet,
any social media platform or network or any intranet or extranet site, or incorporate this Site
content in any other database or compilation. You may not use any data mining, robots, scraping
or similar data gathering or extraction methods to obtain Site content. Any use of this Site or this
Site’s content other than as specifically authorized herein is prohibited and will automatically
terminate your rights with respect to use of this Site and this Site’s content granted herein. We
reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of
the Site. In some cases the copyright or publicity rights for content on this Site may be held by
someone other than Ultimate Smartfit Challenge, and permission to use such materials must be requested from the
copyright or publicity rights owner, as applicable. All rights of Ultimate Smartfit Challenge or its licensors that are
not expressly granted in these Terms of Use are reserved to Ultimate Smartfit Challenge and its licensors.

VI. Links to and from this Site
Unless otherwise notified by us, you are free to link to this Site so long as you make it
clear that (a) the linked content belongs to Ultimate Smartfit Challenge; (b) such content is not your own; and (c) the
originating website makes no claim of owning, being related to or owned or controlled by, being
under common control with, or sanctioned by, approved by, or endorsed by, Ultimate Smartfit Challenge.
This Site may contain links or references to other websites maintained by third parties
over whom we have no control. Such links are provided merely as a convenience. Such third
party sites and third party content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any third party sites
accessed through this Site or any third party content posted on or available through this Site,
including the content, accuracy, advice, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the third party sites or the third party content. Inclusion of,
linking to or permitting the use of any third party site or any third party content does not imply
approval or endorsement thereof by Ultimate Smartfit Challenge. If you decide to leave this Site and access the third
party sites or to access or use any third party content, you do so at your own risk and you should
be aware that our terms and policies no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any third party site to which you
navigate from this Site or relating to any applications you use or install from this Site.

VII. Unsolicited Submissions
Ultimate Smartfit Challenge welcomes your participation and contributions to its online forums and
discussions, including your feedback and comments on your experiences with the Ultimate Smartfit Challenge
program, and Ultimate Smartfit Challenge’s events, activities, competitions,
workouts. But Ultimate Smartfit Challenge ‘s policy is not to, and neither Ultimate Smartfit Challenge nor any of its employees will,
accept or consider unsolicited ideas, suggestions and other material. This is to avoid the
possibility of future misunderstandings arising if Ultimate Smartfit Challenge develops or implements or uses a
program, product, equipment, service, feature, workout, software, application or tool that seems
to be similar to your own ideas or creative work. If you do submit any feedback, comments,
ideas, suggestions, concepts, workouts, marketing plans, names for new events, or material
(collectively, “Submissions”) to Ultimate Smartfit Challenge, including any Submissions that we have asked you not
to submit to us, then regardless of what your Submission and any accompanying correspondence
might say, by submitting your Submission you acknowledge and agree that:
1. At the moment you submit your Submission to Ultimate Smartfit Challenge, you are automatically and
irrevocably assigning your Submission and all rights to it to Ultimate Smartfit Challenge,and Ultimate Smartfit Challenge will
have no obligations to you in relation to your Submission;
2. In the event that your Submission is not assignable, you hereby acknowledge and agree
that, from the moment you submit your Submission to Ultimate Smartfit Challenge,you grant Ultimate Smartfit Challenge and
its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable,
non-exclusive and royalty free right and license to reproduce, publish, distribute, prepare
derivative works from, display, perform, modify, adapt, broadcast, license, sell, offer for
sale, translate, make, have made, import and otherwise use, any Submission, including,
without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and
all other intellectual and proprietary rights related thereto, for any purpose whatsoever,
commercial or otherwise, in any medium now known or hereafter devised, without
compensation or credit to you, including sublicensing any third party to do any of the
foregoing. To the extent permitted by applicable laws, you also give up any claim that
any use by Ultimate Smartfit Challenge and/or its licensee(s) of any Submission violates any of your rights,
including but not limited to moral rights, privacy rights, rights to publicity, proprietary,
statutory or other rights, and/or rights to credit for the material or ideas set forth therein;
3. Your Submission will not contain any proprietary or confidential information;
4. Ultimate Smartfit Challenge is under no obligation to keep your Submission confidential or to otherwise
protect your Submission;
5. Ultimate Smartfit Challenge may already be considering or developing a similar idea, program, concept,
product, service, feature, movement, workout, software, application or tool; and
6. We shall determine, in our sole discretion, whether materials you submit to us or to the
Site are classified as Submissions or User Content.
SOFTWARE AND APPLICATIONS AVAILABLE ON THIS SITE
Any software or application that is made available via this Site (“Software”) is the
copyrighted work of Ultimate Smartfit Challenge and/or third party providers or other suppliers of Ultimate Smartfit Challenge. In
addition to these Terms of Use, your use of the Software is governed by the terms of the end-user
license agreement, if any, which accompanies or is included with the Software (“License
Agreement”), which License Agreement is incorporated herein by reference. End users shall not
install or use any Software that is accompanied by or includes a License Agreement unless the
end user first agrees to the License Agreement terms, and shall not circumvent or attempt to
circumvent any click-through consents required to install or use any Software. For any Software
not accompanied by a License Agreement, the following shall constitute the License Agreement:
“Subject to the Ultimate Smartfit Challenge Terms of Use and your agreement therewith, Ultimate Smartfit Challenge hereby
grants to you, the user, a personal, non-transferable, non-exclusive license during the term of this
license agreement to use this software for its intended purpose in accordance with this license
agreement, and for no other purpose. Please note that this software is owned by Ultimate Smartfit Challenge and/or
third party providers or other suppliers of Ultimate Smartfit Challenge and is protected by copyright laws and
international treaty provisions. Any reproduction, exchange, transfer or redistribution of this
software is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.”
WITHOUT LIMITING THE FOREGOING, COPYING, REPRODUCTION, REVERSE
ENGINEERING, DECOMPILING, DERIVING SOURCE CODE FROM, OR
DISASSEMBLING, IN WHOLE OR IN PART, OF THE SOFTWARE MADE AVAILABLE
VIA THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION, OR CREATING DERIVATIVE WORKS BASED
OFF SUCH SOFTWARE, IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE
SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN
THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION
WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY
CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THESE
TERMS OF USE, THE LICENSE AGREEMENT SHALL CONTROL WITH RESPECT TO
THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT
AS WARRANTED IN THE LICENSE AGREEMENT, AND SUBJECT TO THE “NO
WARRANTIES” SECTION OF THESE TERMS OF USE, ULTIMATE SMARTFIT CHALLENGE AND ULTIMATE SMARTFIT CHALLENGE’S
THIRD PARTY PROVIDERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT
LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE.

VIII. User Content
By submitting, posting, uploading, displaying, performing, transmitting, or otherwise
distributing information, including workout, nutrition, gym and biographical information,
messages, notes, text, listings, videos, pictures, graphics, drawings, audio, music and sound, text,
data, communications or other content (“User Content”), to this Site, you authorize Ultimate Smartfit Challenge to
treat any User Content as non-confidential and non-proprietary. You retain all of your rights in
User Content you post to our Site. However, from the time of uploading or submission of the
User Content, you grant Ultimate Smartfit Challenge, its subsidiaries, entities owned, related to or controlled by
Ultimate Smartfit Challenge, officers, directors, employees, staff, consultants, agents, and representatives, a
nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and
freely transferable right and license to reproduce, publish, distribute, prepare derivative works
from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use User
Content, in whole or in part, including, without limitation, in connection with the operation,
promotion, marketing, and advertising of the business, products, programs, events, competitions
and services of Ultimate Smartfit Challenge, including the exploitation thereof, in each case in any media formats
and through any means or methods whether now known or hereafter discovered. You agree that
Ultimate Smartfit Challenge may so exploit your User Content without compensation or credit to you, including by
sublicensing any third party to do any of the foregoing. To the extent permitted by applicable
laws, you also give up any claim that any use by Ultimate Smartfit Challenge and/or its third party providers or
sublicensees of any User Content violates any of your rights, including but not limited to moral
rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to
credit for the material or ideas set forth therein. You agree that Ultimate Smartfit Challenge may publish or otherwise
disclose your name, age and other information provided by you in connection with your Ultimate Smartfit Challenge
ID or event registration User Content.
You are in the best position to know if the User Content you submit to this Site is legally
allowed. You agree that you shall not upload or otherwise transmit on or through the Site any
Content that is subject to any third-party rights. By posting User Content on this Site, you
warrant and represent that you own the rights to the User Content or are otherwise authorized to
post, upload, distribute, display, perform, transmit, or otherwise use User Content, and to license
and permit Ultimate Smartfit Challenge to exploit the User Content as described above, and that Ultimate Smartfit Challenge’s
exploitation of the User Content as described above will not violate any rights of or require any
compensation to any third party.
You are solely responsible for the User Content, and any other content, material or data
that you upload, publish or display on or through this Site, or transmit to or share with others.
You may not post, transmit, or distribute User Content that you did not create or that you do not
have permission to post. You understand and agree that Ultimate Smartfit Challenge may, but is not obligated to,
review this Site and may delete, edit, refuse to post or remove (without notice) any Site content
or User Content in its sole discretion, for any reason or no reason, including User Content that
Ultimate Smartfit Challenge believes violates these Terms of Use. Ultimate Smartfit Challenge has no backup or storage obligations
regarding User Content.
Ultimate Smartfit Challenge does not verify the accuracy or authenticity of any User Content, and makes no
representations or warranties with respect to any User Content. Ultimate Smartfit Challenge makes no
representations concerning and is under no obligation to prevent, the downloading, distribution,
linking to, or re-posting of your User Content by third parties, including by or through search
engines. You expressly waive any and all claims you may have against Ultimate Smartfit Challenge and release
Ultimate Smartfit Challenge from any and all liability arising from or related to the User Content, including any
exploitation of the User Content by a third party, whether or not authorized by Ultimate Smartfit Challenge.
Reporting Violations of Your Copyrights or other Intellectual Property Rights
We will respond to notices of alleged copyright or other intellectual property
infringement that comply with
applicable laws. In addition, you agree that, in the event we receive a written demand from a
third party alleging that any User Content infringes upon, dilutes, tarnishes or otherwise violates
its trademark or trade secret rights, we may in our sole discretion, remove or disable access to
such User Content.
If you are a copyright owner, or an agent thereof, and believe that any of the content on
this Site infringes upon your copyrights or other intellectual property right, pursuant to the
law, you may submit a notification by providing our Copyright Agent (contact information
below) with the following information:
· A physical or electronic signature of the copyright, or other intellectual property right,
owner (or someone authorized to act on behalf of the owner);
· Identification of the protected work and intellectual property right (i.e., copyright or
trademark) claimed to have been infringed, or, if multiple protected works are covered by
a single notification, a representative list of such works;
· Identification and location of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit Ultimate Smartfit Challenge to locate the material;
· Information reasonably sufficient to permit Ultimate Smartfit Challenge to contact you, such as an address,
telephone number, and, if available, an electronic mail address;
· A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright or other intellectual property right
owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the information in the
notification is accurate, and that you are authorized to act on behalf of the intellectual
property right owner of the right that is allegedly infringed.
You acknowledge that if you fail to comply with the procedures provided in this
subsection for reporting a claimed copyright infringement, your notice may not be valid under
the law.
With respect to content that was taken down due to a copyright infringement claim, if you
believe that your content that was removed (or access was disabled to) is not copyright
infringing, or that you have authorization from the rightful copyright owner, the copyright
owner’s agent, or pursuant to law, to post and use the allegedly infringing material in your posted
content, you may send a counter-notice containing the following information to the Copyright
Agent:
· Your physical or electronic signature;
· Identification or description of the material that has been removed or to which access has
been disabled and the original location where the material appeared before it was
removed or disabled;
· A statement by you, made under penalty of perjury, that you have a good faith belief that
the material was removed or disabled as a result of mistake or a misidentification of the
material removed or disabled; and
· Your name, address, telephone number, and e-mail address:
If a counter-notice is received by the Copyright Agent, Ultimate Smartfit Challenge may send a copy of the
counter-notice to the original complaining party informing that person that it may replace the
removed material or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the material provider, member or user, the removed material
may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the
counter-notice, at Ultimate Smartfit Challenge’s sole discretion.
In an effort to protect the rights of intellectual property owners, we maintain a policy for
the termination, in appropriate circumstances, of user accounts of this Site who repeatedly
infringe the copyright and other intellectual property rights of others.

IX. Trademarks
“Ultimate Smartfit Challenge”, “The New Generation of U.S.C. Heores”, “Ultimate Smartfit Challenge Team Edition”, “Romanian Throwdown”, Ultimate Smartfit Challenge Kids logos and other Ultimate Smartfit Challenge graphics, logos, slogans, tag lines, designs, page headers, button icons, scripts and service names are the trademarks, service marks, trade names or trade dress of Ultimate Smartfit Challenge in the U.S. and other countries. Unless expressly authorized by Ultimate Smartfit Challenge in writing, you may not use Ultimate Smartfit Challenge trademarks and trade dress, including as part of trademarks, business names, doing business as names and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Ultimate Smartfit Challenge endorses any product or service. You may not reproduce or use Ultimate Smartfit Challenge’s trademarks or trade dress without the prior written permission of Ultimate Smartfit Challenge. Nothingcontained on this Site should be understood as granting you a license to use any of the trademarks, trade names, trade dress, service marks, taglines, or logos owned or licensed by Ultimate Smartfit Challenge or by any third party.

X. Copyright and Content
The contents of this Site are protected by copyright.
Title to the content of this Site remains with Ultimate Smartfit Challenge or its licensors. Any use of such content not
expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark and other laws. Content and features are subject to change or termination
without notice in the editorial discretion of Ultimate Smartfit Challenge. All rights not expressly granted herein are
reserved to Ultimate Smartfit Challenge and its licensors.

XI. Use of Public Forums and Inappropriate Content
Ultimate Smartfit Challenge offers and maintains certain discussion boards, user forums and other places
where the Ultimate Smartfit Challenge user community can post questions and share information, ideas, workouts,
comments or advice. You agree that you will not upload or transmit any User Content of any type
to any Public Forums of this Site (including, without limitation, message boards, blogs, vlogs,
bulletin boards, list serves, wiki’s or other open forums made available through our Site) (a
“Public Forum”) that infringe or violate any rights of any party. By submitting any User Content
to the Public Forums, you agree that such User Content is non-confidential for all purposes. If
you use a Public Forum on this Site, you are solely responsible for your own communications,
the consequences of posting those communications, and your reliance on any communications
found on our Site. Ultimate Smartfit Challenge and any party involved in creating, producing, delivering or
maintaining this Site are not responsible for the consequences of any communications in the
Public Forums. We expressly disclaim responsibility for and liabilities resulting from, any
information or communications from and between users of the Public Forums. In cases where
you feel threatened or believe someone else is in danger, you should contact your local law
enforcement agency and Ultimate Smartfit Challenge immediately.
You agree not to (including not facilitating or assisting), directly or indirectly, upload,
download, link, stream, display, perform, promote, advertise, transmit, or otherwise distribute
any content that:
(a) is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful,
fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or in violation of another’s
right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable as determined
by us in our sole discretion;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local, state, provincial, national or foreign law
or regulation;
(c) advertises or otherwise solicits funds or is a solicitation for goods or services;
(d) distributes or facilitates the distribution of viruses, corrupted data, trojan horses, bots,
keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or
computer code that are intended to and/or actually damage, detrimentally interfere with,
surreptitiously intercept or mine, obtain unauthorized access to, scrape or expropriate any
system, software, data or personal information;
(e) adversely affects the availability of Site resources to other users (e.g., excessive
shouting (use of all caps), flooding (continuous posting of repetitive text) or excessively large
embedded images);
(f) solicits or disseminates surveys (other than any such functionality expressly provided
for by the Public Forum that otherwise complies with these Terms of Use), contests, pyramid
schemes, chain letters, junk mail, spam, or unsolicited messages;
(g) creates a false identity for the purpose of misleading others, to be determined in our
sole discretion;
(h) transmits or facilitates the transmission of any content to an e-mail address,
messenger-feature address or other location that is not yours or to which you do not have the
expressly authorized right to use without securing the prior authorization of the owner or licensor
of such other address or other location; and
(i) transmits or facilitates the transmission of any User Content that infringes any patent,
trademark, trade secret, copyright, privacy, publicity or other proprietary, statutory, common law
or other rights of any party.
Ultimate Smartfit Challenge reserves the right to terminate your receipt, transmission, or other distribution of
any such material using this Site, and, if applicable, to delete any such material from its servers
as well as to take any other action required or permitted under any applicable laws. Ultimate Smartfit Challenge
intends to cooperate fully with any law enforcement officials or agencies in the investigation of
any violation of these Terms of Use or any applicable laws.

XII. Other Prohibited Uses
You are prohibited from violating or attempting to violate, and agree not to violate or
attempt to violate, any security features of this Site, including, without limitation:
(a) accessing or attempting to access any content or data not intended for you, or logging
onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of this Site, or any associated
system or network, or to breach security or authentication measures without proper
authorization;
(c) interfering or attempting to interfere with service to any user, host or network;
(d) using this Site to send unsolicited e-mail or other communications, including, without
limitation, promotions or advertisements for products or services;
(e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce
or attempt to reduce to human-perceivable form any of the source code used by Ultimate Smartfit Challenge in
providing this Site; and
(f) imposing (as determined by us in our sole discretion) an unreasonable or
disproportionately large load on our (or our third party providers’) infrastructure.
Any violation of system or network security may subject you to civil and/or criminal
liability.

XIII. Alleged Violations (Termination)
Ultimate Smartfit Challenge reserves the right to suspend or terminate your use of this Site. To ensure that
Ultimate Smartfit Challenge provides a high quality experience for you and other users of this Site, you agree that
Ultimate Smartfit Challenge or its representatives may access your account and records on a case-by-case basis to
investigate complaints or allegations of abuse, infringement of third party rights, or other
unauthorized uses of this Site. Ultimate Smartfit Challenge does not intend to disclose the existence or occurrence of
such an investigation unless required by law, but Ultimate Smartfit Challenge reserves the right to suspend or
terminate your account or your access to this Site immediately, with or without notice to you, and
without liability to you, if Ultimate Smartfit Challenge believes that you have violated any of the Terms of Use,
furnished Ultimate Smartfit Challenge with false or misleading information, or interfered with the use of this Site by
others.

XIV. No Warranties
ULTIMATE SMARTFIT CHALLENGE AND ULTIMATE SMARTFIT CHALLENGE’S RELATED ENTITIES AND SUBSIDIARIES,
INCLUDING ENTITIES IT OWNS, CONTROLS OR IS UNDER COMMON CONTROL
WITH, ULTIMATE SMARTFIT CHALLENGE’S THIRD PARTY PROVIDERS, ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT, SOFTWARE OR
SERVICES CONTAINED ON THE SITE, AND ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS
(COLLECTIVELY, THE “ULTIMATE SMARTFIT CHALLENGE PARTIES”) HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE ULTIMATE SMARTFIT CHALLENGE PARTIES ARE
MAKING THIS SITE (INCLUDING WITHOUT LIMITATION, THIS SITE’S CONTENT
AND ANY SOFTWARE) AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR
LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT
LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL
PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ULTIMATE SMARTFIT CHALLENGE
PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE. THE ULTIMATE SMARTFIT CHALLENGE PARTIES DO NOT WARRANT
THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF
THIS SITE WILL BE UNINTERRUPTED, SECURE, BUG-FREE OR ERROR-FREE; NOR
DO THE ULTIMATE SMARTFIT CHALLENGE PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY,
QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE
PROVIDED ON OR THROUGH THE SITE.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING
LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN
THIS “NO WARRANTIES” SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION.
WITH RESPECT TO ANY CONTEST OR COMPETITION OPERATED,
SANCTIONED, HOSTED OR ORGANIZED BY ULTIMATE SMARTFIT CHALLENGE OR THIRD PARTY
PROVIDERS THAT MAY BE ACCESSIBLE FROM, OR REQUIRE REGISTRATION ON,
THIS SITE, EACH REGISTRANT OR PARTICIPANT AGREES TO BE BOUND BY
ULTIMATE SMARTFIT CHALLENGE’S APPLICABLE RULES AND POLICIES FOR SUCH CONTEST OR
COMPETITION AND THE DECISIONS OF ULTIMATE SMARTFIT CHALLENGE, WHICH SHALL BE FINAL.
ULTIMATE SMARTFIT CHALLENGE RESERVES THE RIGHT TO DISQUALIFY ANY PERSON, TEAM, ENTRY, OR
E-MAIL ADDRESS THAT ULTIMATE SMARTFIT CHALLENGE DETERMINES TO BE IN VIOLATION OF ANY
TERM CONTAINED IN ULTIMATE SMARTFIT CHALLENGE’S RULES OR POLICIES OR THESE TERMS OF USE.
ULTIMATE SMARTFIT CHALLENGE IS NOT RESPONSIBLE FOR AND SHALL NOT BE LIABLE FOR: (I) ANY
ERRORS IN COMPETITION-RELATED MATERIALS, OR LATE, LOST, DELAYED,
DAMAGED, MISDIRECTED, STOLEN, INCOMPLETE, ILLEGIBLE, UNINTELLIGIBLE
OR POSTAGE-DUE ENTRIES (AS APPLICABLE), NOTICES, SUBMISSIONS, RELEASES,
FORMS, AFFIDAVITS, OR OTHER CORRESPONDENCE; (II) TELEPHONE,
ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR
COMPUTER MALFUNCTIONS, FAILURES, INTERRUPTIONS OR DIFFICULTIES OF
ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER
TRANSMISSIONS; (IV) ANY CONDITION CAUSED BY EVENTS BEYOND THE
CONTROL OF ULTIMATE SMARTFIT CHALLENGE THAT MAY CAUSE THE SITE, CONTEST, COMPETITION OR
JUDGING TO BE DISRUPTED OR CORRUPTED; (V) ANY INJURIES, LOSSES, OR
DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF ANY
REGISTRATION, SUBMISSION, PRIZE, OR ACCEPTANCE, POSSESSION, OR USE OF
ANY PRIZE, OR FROM PARTICIPATION IN THE COMPETITION OR ARISING FROM
THE REGISTRANT’S OR PARTICIPANT’S ACCESS TO AND USE OF THE SITE (AND ALL
RELATED WEBSITES, INCLUDING WWW.ULTIMATE SMARTFIT CHALLENGE.ro GAMES.COM), INCLUDING
WITHOUT LIMITATION, PERSONAL INJURY, DEATH, DISABILITY, AND PROPERTY
DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR
INVASION OF PRIVACY, TO THE EXTENT PERMITTED BY LAW; OR (VI) ANY ERRORS
IN ANY MATERIALS ASSOCIATED WITH THE COMPETITION. ULTIMATE SMARTFIT CHALLENGE RESERVES
THE RIGHT TO CANCEL, SUSPEND AND/OR MODIFY THE COMPETITION IF ANY
PROBLEM CORRUPTS THE ADMINISTRATION, SECURITY, OR OPERATION OF THE
COMPETITION, AS DETERMINED BY ULTIMATE SMARTFIT CHALLENGE IN ITS SOLE DISCRETION. ULTIMATE SMARTFIT CHALLENGE
RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL,
GROUP, ORGANIZATION OR TEAM IT FINDS TO BE TAMPERING WITH THE ENTRY,
REGISTRATION, SUBMISSION OR VOTING PROCESS OR THE OPERATION OF THE
COMPETITION OR TO BE ACTING IN VIOLATION OF ULTIMATE SMARTFIT CHALLENGE’S RULES OR IN AN
UNSPORTSMANLIKE OR DISRUPTIVE MANNER. ANY ATTEMPT BY ANY PERSON TO
UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE
MADE, ULTIMATE SMARTFIT CHALLENGE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH
PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. ULTIMATE SMARTFIT CHALLENGE’S FAILURE TO
ENFORCE ANY TERM OF ULTIMATE SMARTFIT CHALLENGE’S RULES SHALL NOT CONSTITUTE A WAIVER
OF THAT PROVISION.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A
PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR
SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED
OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A
REASONABLE TIME. CONSEQUENTLY, THE LIABILITY OF
ULTIMATE SMARTFIT CHALLENGE IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY
MINIMIZING THE LIABILITY OF THE ULTIMATE SMARTFIT CHALLENGE PARTIES TO YOU TO THE LOWEST
AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF
ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF USE.
THE ULTIMATE SMARTFIT CHALLENGE PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR
THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR
FOR ANY LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ABUSIVE,
THREATENING, UNLAWFUL, FRAUDULENT, HARMFUL, HARASSING, TORTIOUS,
VULGAR, HATEFUL, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE OR
OFFENSIVE POSTING OR CONDUCT, ON THIS SITE BY ANYONE OTHER THAN
AUTHORIZED ULTIMATE SMARTFIT CHALLENGE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL
CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE ULTIMATE SMARTFIT CHALLENGE PARTIES BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON
INFORMATION OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS
OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE
THROUGH THIS SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS
APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION,
OPINION, ADVICE OR OTHER CONTENT.
ULTIMATE SMARTFIT CHALLENGE DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT
OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND ULTIMATE SMARTFIT CHALLENGE
WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION
BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.

XV. Accuracy & Completeness
Due to constant advances in technology, strength and conditioning programs, and
medicine, the possibility of typographical error, unexpected scheduling changes of meetings,
events, certificate courses, seminars, contests, demonstrations, competitions and educational
opportunities posted on this Site, and the wide variety of authors contributing to this Site, readers
are encouraged to confirm the information contained herein with other sources. Corrections and
additions will be made only as allowed by the availability of time and resources. The accuracy
and timeliness of the information on this Site cannot be guaranteed.
YOU ACKNOWLEDGE AND AGREE THAT ULTIMATE SMARTFIT CHALLENGE DOES NOT, AS A
PRACTICE, MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THIS
SITE, NOR WILL WE HAVE ANY OBLIGATION OR LIABILITY TO DO SO. ALTHOUGH
CARE HAS BEEN TAKEN IN PREPARING THE CONTENT, ALL INFORMATION,
SERVICES AND CONTENT THAT IS PROVIDED HERE OR COULD BE REACHED BY
USING THIS SITE AS A STARTING POINT IS PROVIDED TO YOU “AS-IS”, “WITH ALL
FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ACCESS TO AND USE OF THIS
SITE AND THE INFORMATION, SERVICES AND CONTENT AVAILABLE THEREON IS
AT YOUR OWN RISK. NEITHER ULTIMATE SMARTFIT CHALLENGE NOR ANY AUTHOR OR SUPPLIER
CONTRIBUTING TO THIS SITE IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE USE OF
SUCH INFORMATION, SERVICES OR CONTENT.

XVI. Limited Liability
NEITHER ULTIMATE SMARTFIT CHALLENGE, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING,
DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON SHALL BE
LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT
OF OR RELATING TO ACCESS TO (I) THE USE OF, OR INABILITY TO USE THIS SITE
OR ANY INFORMATION, SERVICES OR CONTENT AVAILABLE THEREON OR WHICH
CAN BE REACHED BY USING THIS SITE AS A STARTING POINT, (II) THE BREACH OF
ANY REPRESENTATION OR WARRANTY, (III) THE USE OR DOWNLOADING OF ANY
SOFTWARE OR APPLICATION OWNED OR OPERATED BY ULTIMATE SMARTFIT CHALLENGE OR ANY THIRD
PARTY, IN CONNECTION WITH THIS SITE, OR (IV) ANY ERRORS OR OMISSIONS IN
THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT ULTIMATE SMARTFIT CHALLENGE, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED
IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE OR ANY
INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT
LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS
DAMAGES TO PERSONAL PROPERTY.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR
NONPERFORMANCE BY ULTIMATE SMARTFIT CHALLENGE PURSUANT TO THESE TERMS OF USE, OR IN
ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL
DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF
ANY, PAID BY YOU FOR USE OF THIS SITE.

XVII. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ULTIMATE SMARTFIT CHALLENGE AND
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR
MAINTAINING THIS SITE AND EACH OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, STAFF, AGENTS, LICENSORS, LICENSEES, SUPPLIERS
AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES,
DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE
ATTORNEY AND ACCOUNTING FEES, RESULTING FROM (I) YOUR VIOLATION OF
THESE TERMS OF USE, (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS,
INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PROPERTY,
PUBLICITY OR PRIVACY RIGHT, (III) ANY CLAIM THAT YOUR USER CONTENT
CAUSED DAMAGE TO A THIRD PARTY, (IV) THE BREACH BY YOU OF ANY
REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN OR
(V) YOUR USE OF THIS SITE.

XVIII.Taxes
You may be required to report as taxable income the value of any prizes received by you.
To collect a prize, you may be required to provide a valid CNP number or other
identification number and any other information reasonably required by Ultimate Smartfit Challenge. You
acknowledge and agree that any such taxes shall be your sole responsibility. Ultimate Smartfit Challenge and/or any
sponsor who provides a particular prize may report the value of the prize to local, state,
provincial, national or foreign taxing authorities.

XIX. Governing Law
The Terms of Use are governed by the Romanian laws.
This Site is controlled and operated by Ultimate Smartfit Challenge.

XX. Dispute Resolution
You agree that any suit, action, claim or dispute (“Claim”) arising out of or relating to
these Terms of Use or any services thereon (including without limitation, statutory, equitable or
tort claims) shall be submitted to the competent court. Notwithstanding the foregoing, Ultimate Smartfit Challenge
may bring an action in any court of applicable jurisdiction to protect its intellectual property or
other rights or to seek to obtain injunctive relief or other equitable remedies from a court to
enforce the provisions of these Terms of use.
YOU AND ULTIMATE SMARTFIT CHALLENGE AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO
THE CLAIM BETWEEN ULTIMATE SMARTFIT CHALLENGE AND YOU INDIVIDUALLY. TO THE FULL EXTENT
PERMITTED BY LAW: (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER;
(2) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A
CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3)
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A
PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC
OR ANY OTHER PERSONS. YOU UNDERSTAND THAT ABSENT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

XXI. Severability/Waiver
If any provision of these Terms of Use is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Use, which shall remain in full force and effect. The
section headings used herein are for convenience only and shall not affect the interpretation of
these Terms of Use.
Our failure to exercise any right or remedy available upon your breach of these Terms of
Use or the failure by us to demand the prompt performance of any obligation hereunder, shall not
be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or
(c) any right or remedy in connection with a subsequent breach or default on your party. No
waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such
terms and condition or any other term or condition.
XXII. Modifications
Ultimate Smartfit Challenge may, in its sole discretion and without prior notice, (a) revise these Terms of
Use; (b) modify this Site, including the Privacy Policy; or (c) discontinue this Site (in whole or in
part) at any time. Ultimate Smartfit Challenge shall post any revision to these Terms of Use to this Site, and the
revision shall be effective immediately on such posting. You agree to review these Terms of Use
and other online policies posted on this Site periodically to be aware of any revisions. You agree
that, by continuing to use or access this Site following notice of any revision or the posting of
any revision, you shall abide by any such revision. When we change the Terms of Use or
Privacy Policy in a material manner, we will update the ‘last modified’ date at the bottom of this
page.

XXIII.Assignment
We may assign these Terms of Use with or without notice to one or more third parties.

XXIV. Complete Agreement
Except as expressly provided in any particular “legal notice”, competition (such as The
Ultimate Smartfit Challenge competitions) or end user software license agreement found on this Site, these Terms of Use
and our Privacy Policy constitute the entire agreement between you and Ultimate Smartfit Challenge with respect to the use of this Site and the content therein.

XXV. Our Address
SC Smart Fitness Studio SRL
Podgoriei, 22, Timișoara, Romania

XXVI. For Additional Information
If you have any questions about these Terms of Service, please contact hero@ultimatesmartfit challenge.ro

XXVII. Last Modified Date of these Terms of Use
January, 17th, 2018

Payment conditions
The payment can be done on-line, at the moment when the order is placed. In case of order cancellation caused by the customer/at the initiative of the customer, the cost of returning the amounts paid in advance will be covered by the customer. All displayed prices on Ultimatesmartfitchallenge.ro are expressed in EUR and include VAT.