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Terms and Conditions
Welcome to the heartandsoul Fitness for Life, LLC Web site ("Site"). Please review the following basic terms that govern your use of our Site. Your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").
The information contained on this site is inteded for general reference purposes only and is not intended to address specific medical conditions. This information is not a substitute for professional medical advice or a medical exam. Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. no information on this site should be used to diagnose, treat, cure, or prevent any medical condittion. Certain offers listed are internet specials only.
ACCEPTABLE USE POLICY
Users of our Site must comply with this Acceptable Use
Policy. By using the Site, you agree to comply with
this Policy and to indemnify heartandsoul Fitness for
Life, LLC against any claims by third parties arising
from your violation of this Policy. In general, you
must exercise judgment and responsibility with respect
to your use of our Site. You may only use the Site for
lawful purposes and may not use the Site to harm others.
Without limiting the generality of the foregoing, you
may not:
* Use the Site in violation of any law
or regulation governing heartandsoul Fitness For Life,
LLC's business or activities, including without limitation
the laws and regulations governing unfair competition,
false advertising, consumer protection, obscenity, spamming,
and privacy.
* Use the Site in a manner that presents a security
risk or that may interfere with the operation of the
Site.
* Use the Site in a manner that infringes another¹s
copyrights, patents, trademarks, service marks, trade
names, trade secrets, or other intellectual property
rights, or rights of publicity.
* Use the Site to engage in libel, defamation, harassment,
misappropriation of trade secrets, intentional misrepresentation
or fraud, or wrongful publication of private information.
* Introduce viruses, trojan horses, worms, or other
computer programming routines that damage, interfere
with, intercept, or expropriate any system, data, or
personal information.
* Assist or permit any person to engage in any of the
activities described above.
SITE CONTENT
Unless otherwise noted, all materials, including images,
illustrations, designs, icons, photographs, video clips,
testimonials, menus, and other materials that appear
as part of this Site (collectively, the "Contents")
are copyrights, trademarks, and/or other intellectual
property owned, controlled, or licensed by heartandsoul
Fitness for Life, LLC. The Site as a whole is protected
by copyright.
CHILDREN
Our online services are not designed for use by children.
If you are under the age of 13, you may not use our
online services. By accepting this agreement, you agree
and warrant that you are not under the age of 13.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, or the Site.
LINKS TO OTHER SITES
For your convenience and enjoyment, our Site may provide
links to web sites that are not operated by heartandsoul
Fitness for Life, LLC. These links do not mean we endorse,
approve, or sponsor the linked site or any information,
products, or services contained in such site, nor is
heartandsoul Fitness for Life, LLC liable for any damage
that might result from your use of such information,
products, or services.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION
WITH YOUR USE OF OUR SITE, AND THAT HEARTANDSOUL FITNESS
FOR LIFE, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND RELATED TO YOUR USE OF THIS SITE.
INACCURACY DISCLAIMER
From time to time there may be information on our Site
that contains typographical errors, inaccuracies, or
omissions. We may correct errors, inaccuracies, or omissions
and change or update information at any time without
notice. We apologize for any inconvenience this may
cause you.
TERMINATION
This Agreement is effective unless and until terminated
by either you or heartandsoul Fitness for Life, LLC.
You may terminate this Agreement at any time. heartandsoul
Fitness for Life, LLC may terminate this Agreement at
any time without notice and deny you access to the Site,
if in heartandsoul Fitness for Life, LLC's sole discretion
you fail to comply with any term or provision of this
agreement. A termination by heartandsoul Fitness for
Life, LLC under the previous sentence shall not limit
heartandsoul Fitness for Life, LLC¹s other rights
and remedies available under law or equity. Upon any
termination of this agreement by either you or heartandsoul
Fitness for Life, LLC, you must promptly destroy all
materials downloaded or otherwise obtained from this
Site, as well as all copies of such materials, whether
made under this agreement or otherwise.
SEVERABILITY
If any provision of this agreement shall be found to
be unlawful, void, or
for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining
provisions.
NO WAIVER
A failure on the part of heartandsoul Fitness for Life,
LLC to enforce any part of this agreement shall not
constitute a waiver of any of heartandsoul Fitness for
Life, LLC¹s rights under this agreement, whether
for past or future actions on the part of any person.
Only a specific written waiver signed by an authorized
representative of heartandsoul Fitness for Life, LLC
shall have legal effect.
MISCELLANEOUS
Unless otherwise specified and except to the extent
heartandsoul Fitness for Life, LLC products or services
are offered for sale in the United States through this
Site, this Site and the Contents thereof are displayed
solely for the purpose of promoting heartandsoul Fitness
for Life, LLC's products and services available in the
United States and select foreign markets. This Site
is controlled and operated by www.wingeddesign.com.
This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Lucas County, Ohio.
Rev 7/04
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