TERMS AND CONDITIONS OF USE
Welcome to TheFitnessFrame.com (the “Website”). This website is maintained as a service to The Fitness Frame (the “Company”) customers. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.
1. Agreement. This Term of Use Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of the Website and describes the terms and conditions applicable to your access and use of the Website. This Agreement may be modified at any time by the agents of the Company upon posting of the modified Agreement. Modifications shall be effective immediately. You can view the most recent version of these terms at any time at the Website. Each use by you shall constitute your unconditional acceptance of this Agreement.
3. Ownership. All content included on the Website is and shall continue to be the property of the Company and its content suppliers, and is protected under applicable copyright, patent, and trademark laws, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstance do you acquire any ownership rights or other interest in any content by or through your use of this Website.
4. Intended Audience. The Website is intended for adults only. The Website is not intended for any children under the age of 18.
5. Intellectual Property. All Website content is deemed to be the intellectual property of the Company and its affiliates.
6. Website Use. The Company grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use, and not for republication, distribution, assignment, sub-licensing, sale, preparation of derivative works, or other uses. You agree not to copy materials on the Website, abuse or exceed your authorized access of the Website, alter or modify the Website in any way, or use materials, products or services of the Website in violation of any law. The use of the Website is at the discretion of the Company, which may terminate your use of the Website at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is true and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend, and hold the Company and its partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
9. Disclaimer. THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOSS OF PROFIT, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, WEBSITE USE, OR WEBSITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, exclusions or limitations in this Agreement that directly conflict with such laws may not apply.
12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify us immediately.
13. Applicable Law. The laws of the State of Florida, without regard to conflict of law provisions, will govern these Terms and Condition of Use and any dispute that may arise from them.
14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement must be in writing and signed by an authorized representative of the Company.
16. Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Website establishes either party as a partner, joint venture, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party. It is intended by both parties that each shall remain independent contractors responsible for their own actions, and that neither party shall be held responsible for the actions of the other.