You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.
EMAIL AND ELECTRONIC COMMUNICATIONS. When you visit the Fitness in Balance Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
OWNERSHIP OF INTELLECTUAL PROPERTY.
Trademarks. All trademarks, trade names, service marks, logos, tag lines, content, text, graphics, product descriptions, images, company names and other proprietary information, including but not limited to the trademarks and trade names FITNESS IN BALANCE, FITNESS IN BALANCE and deisgn, CRUSH !T, CRUSH !T WITH CATHY SERIF and CRUSH !T WITH CATHY and (collectively, the "IP") used in this Web Site are the exclusive property of Fitness in Balance, or its third party affiliates, and are and shall remain the property of Fitness in Balance and such third parties. Nothing contained in the Web Site shall be construed as granting, by implication or otherwise, any license or right to use any IP displayed on the Web Site without the written permission of Fitness in Balance or such third party that may own the IP displayed on the Web Site. Your use of any IP displayed on the Web Site is strictly prohibited.
Copyrights. The Web Site and all content contained on the Web Site, including, but not limited to, text, graphics, logos, images, video and audio clips, digital downloads, data compilations, photographs, designs, sounds and computer code (collectively, the "Content") is owned, controlled or licensed by or to Fitness in Balance, and is protected by United States and international copyright and other intellectual property laws. The compilation of all Content on this site is the exclusive property of Fitness in Balance and protected by U.S. and international copyright laws.
REGISTRATION AND ELIGIBILITY. The Web Site is only available to persons with the legal capacity to enter into this Agreement. To that end, the Web Site is intended for use by persons over 18 years of age. Users under the age of 18 should obtain permission and assistance from a parent or guardian before using this Web Site. Tampering with the Web Site, misrepresenting the identity of a User, or conducting fraudulent activities on the Web Site are prohibited.
SITE ACCESS AND CLIENT ACCOUNTS. Fitness in Balance grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fitness in Balance. This license does not include any resale or commercial use of this site or its contents; any collection and use of any service or product listings or descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools, or other methods of hacking. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fitness in Balance. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fitness in Balance without express written consent. If you use this site via Client Account, you are responsible for maintaining the confidentiality of your account, user identification, and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
LINKS TO THIRD PARTIES. The Web Site may provide links to the Web Sites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by Fitness in Balance of such Third-Party Sites, or the products, Content, materials or information presented or made available by such Third-Party Sites. These Web Sites operate independently of Fitness in Balance and have established their own terms and conditions and policies. For the best online experience, we strongly encourage you to review these policies at any Web Site you visit. User acknowledges and agrees that Fitness in Balance is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, services or information presented by or made available through such Third-Party Sites.
DOWNLOADING CONTENT/MATERIAL. User hereby releases Fitness in Balance, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any content, information or materials from the Web Site or from Third-Party Sites.
FITNESS IN BALANCE DOES NOT PROMISE THAT THE WEB SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. FITNESS IN BALANCE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEB SITE SHALL BE TO DISCONTINUE USING THE WEB SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FITNESS IN BALANCE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF OR DAMAGE TO DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COSTS OF RECOVERY, COSTS OF SUBSTITUTE PRODUCTS OR THE LIKE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE AND/OR CONTENT IS TO CEASE YOUR USE OF THE WEB SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. By using this Web Site you agree to defend, indemnify, and hold harmless Fitness in Balance, its licensors and their respective officers, directors, employees, contractors and agents from all liabilities, damages, losses, costs, claims, and expenses, including attorney's fees, that arise from: (a) any content transmitted by you or any user of your account; or (b) any use or misuse of this Web Site by you or any user of your account.
WAIVER. The failure of Fitness in Balance to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
MISCELLANEOUS. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions.
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