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TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to
be useful, informative, helpful, honest and fun.
Hopefully we’ve accomplished that — and would ask
that you let us know if you’d like to see
improvements or changes that would make it even easier
for you to find the information you need and want.
All we ask is that you agree to abide by the
following Terms and Conditions. Take a few minutes to
look them over because by using our site you
automatically agree to them. Naturally, if you don’t
agree, please do not use the site. We reserve the
right to make any modifications that we deem necessary
at any time. Please continue to check these terms to
see what those changes may be! Your continued use of
the healthfitnesssite.com web site means that you
accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the healthfitnesssite.com sites, including, without
limitation, text, software, names, logos, trademarks,
service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights
are owned and controlled by healthfitnesssite.com.
You, the visitor, may download Online Materials for
non-commercial, personal use only provided you 1)
retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials, 3) you
do not use the materials in a manner that suggests an
association with any of our products, services, events
or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer
for reuse for commercial purposes. You may not,
however, copy, reproduce, republish, upload, post,
transmit or distribute Online Materials in any way or
for any other purpose unless you get our written
permission first. Neither may you add, delete, distort
or misrepresent any content on the healthfitnesssite.com
site. Any attempts to modify
any Online Material, or to defeat or circumvent our
security features is prohibited.
Everything you download, any software, plus all
files, all images incorporated in or generated by the
software, and all data accompanying it, is considered
licensed to you by healthfitnesssite.com or
third-party licensors for your personal,
non-commercial home use only. We do not transfer title
of the software to you. That means that we retain full
and complete title to the software and to all of the
associated intellectual-property rights. You’re not
allowed to redistribute or sell the material or to
reverse-engineer, disassemble or otherwise convert it
to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics,
comments, or other information that you send to healthfitnesssite.com through our sites (other than
information we promise to protect under our privacy
policy becomes and remains our property, even if this
agreement is later terminated.
That means that we don’t have to treat any such
submission as confidential. You can’t sue us for
using ideas you submit. If we use them, or anything
like them, we don’t have to pay you or anyone else
for them. We will have the exclusive ownership of all
present and future rights to submissions of any kind.
We can use them for any purpose we deem appropriate to
our healthfitnesssite.com mission, without
compensating you or anyone else for them.
You acknowledge that you are responsible for any
submission you make. This means that you (and not we)
have full responsibility for the message, including
its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
healthfitnesssite.com WILL NOT BE LIABLE FOR ANY
DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR
USE OF ANY OF ITS SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR
INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITES
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU
HYPERLINK FROM OUR SITES FAILURE OF OUR SITES TO PERFORM IN THE MANNER YOU
EXPECTED OR DESIRED ERROR ON OUR SITES OMISSION ON OUR SITES
INTERRUPTION OF AVAILABILITY OF OUR SITES DEFECT ON OUR SITES
DELAY IN OPERATION OR TRANSMISSION OF OUR SITES
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A
LOSS OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS
AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF
OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO
LIMIT OR EXCLUDE LIABILITY FOR THESE
"INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE
LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN
THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES
OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY
KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS
OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE
OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER
ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE
AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITES.
Links to Other Sites
We sometimes provide referrals to and links to
other World Wide Web sites from our sites. Such a link
should not be seen as an endorsement, approval or
agreement with any information or resources offered at
sites you can access through our sites. If in doubt,
always check the Uniform Resource Locator (URL)
address provided in your WWW browser to see if you are
still in a healthfitnesssite.com-operated site or have
moved to another site. healthfitnesssite.com is not
responsible for the content or practices of third
party sites that may be linked to our site.
When healthfitnesssite.com provides links or
references to other Web sites from any/all of its
sites, no inference or assumption should be made and
no representation should be inferred that healthfitnesssite.com
is connected with, operates or controls
these Web sites. Any approved link must not represent
in any way, either explicitly or by implication, that
you have received the endorsement, sponsorship or
support of any healthfitnesssite.com site or
endorsement, sponsorship or support of healthfitnesssite.com, including its respective employees,
agents or directors.
Termination of This Agreement
This agreement is effective until terminated by
either party. You may terminate this agreement at any
time, by destroying all materials obtained from
any/all healthfitnesssite.com Websites, along with all
related documentation and all copies and
installations. healthfitnesssite.com may terminate
this agreement at any time and without notice to you,
if, in its sole judgment, you breach any term or
condition of this agreement. Upon termination, you
must destroy all materials. In addition, by providing
material on our Web site, we do not in any way promise
that the materials will remain available to you.
And healthfitnesssite.com is entitled to terminate
all or any part of any of its Websites without notice
to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of
Canada, you are responsible for compliance with
any applicable local laws.
These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of the state
of Ontario, as it is applied to
agreements entered into and to be performed entirely
within such jurisdiction.
To the extent you have in any manner violated or
threatened to violate healthfitnesssite.com and/or its
affiliates' intellectual property rights, healthfitnesssite.com
and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal
court in Ontario, and
you consent to exclusive jurisdiction and venue in
such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree
to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Toronto,
Ontario. Any costs and fees other than
attorney fees associated with the mediation will be
shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the
following location: Toronto, Ontario.
Judgment upon the award rendered by the
arbitration may be entered in any court with
jurisdiction to do so.
healthfitnesssite.com may modify these Terms of
Use, and the agreement they create, at any time,
simply by updating this posting and without notice to
you. This is the ENTIRE agreement regarding all the
matters that have been discussed.
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