TERMS OF USE AGREEMENT
READ THIS
TERMS OF
USE AGREEMENT IN ITS ENTIRETY BEFORE ACCESSING WEBSITE.
Effective Date: This Terms of Use Agreement was last updated on August 27, 2010.
This Terms of Use Agreement or
“Agreement” sets forth the
standards of use of this website. By using this website you, a visitor,
viewer,
user, subscriber, affiliate, member or customer collectively referred
to as “Visitor(s)”
or “visitor(s)” agree to these terms and conditions and the provisions
of the
Privacy Policy of this website. The
website and its owners and/or operators will herein be referred to as
“Website.” If you
do not agree to the terms and
conditions of this agreement, you should immediately cease any and all
usage
(including, but not limited to viewing, visiting, reading or
interacting) of
this website and any all of its contents; including, but not limited to
advertisements, pop-ups, downloads, banners or links of any kind. The
Website reserves
the right, at any time, to modify, alter, or update the terms and
conditions of
this agreement without prior notice. Modifications
shall become effective
immediately upon being posted
at this website. Your
continued use of
this website after amendments are posted constitutes an acknowledgement
and
acceptance of the Agreement and its modifications. Except as provided
in this
paragraph, this Agreement may not be amended.
THIS WEBSITE REQUIRES CONSIDERATION
FOR AND AS A CONDITION OF ALLOWING
THE VISITOR ACCESS. LIFE COACHING IS NOT THERAPY. LIFE COACHING CAN BE
A COMPLIMENT TO THERAPY IF THERAPY IS DESIRED OR REQUIRED. LIFE
COACHING DEALS WITH PERSONAL DEVELOPMENT AND BEHAVIOR MODIFICATION
BASED ON AN INDIVIDUAL'S GOALS AND CIRCUMSTANCES. CONSULT A PHYSICIAN
PRIOR TO STARTING ANY EXERCISE ROUTINE OR DIET PLAN. THE INFORMATION
CONTAINED WITHIN THE WEBSITE SHOULD IN NO WAY BE USED AS MEDICAL ADVICE
OR IN PLACE OF ANY MEDICAL TREATMENTS, PROGRAMS, PRESCRIPTIONS OR OTHER
SUCH PROGRAMS AS SPECIFIED BY A MEDICAL PROFESSIONAL. USER ASSUMES ALL
RISK ASSOCIATED WITH USE OF ANY INFORMATION, PRODUCTS OR SERVICES
CONTAINED WITHIN THIS WEBSITE OR IT'S RELATED CONTENT OR
AFFILIATES.
UNDER
THE TERMS OF THE PRIVACY
POLICY, WHICH YOU EXPRESSLY ACCEPT AS A CONDITION FOR ACCESSING THIS
WEBSITE,
THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR
THE
PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
USE
OF INFORMATION OF THIS WEBSITE
This
website is providing the Visitor
with information in exchange for consideration. Visitor must provide
(1) all
equipment necessary for their own Internet connection, including
computer and
modem and (2) provide for Visitors’s access to the Internet, and (3)
pay any
fees relate with such connection.
Unless
the Visitor has entered
into an express written contract with the Website to the contrary,
visitors
have no legal rights to use this information in a public or commercial
manner. Visitors
have no legal right to
broadcast, copy, save, print, sell or publish any information;
including, but
not limited to databases, visible pages, linked pages, underlying code,
advertisements or other intellectual property contained in this website. Visitor is expressly
prohibited from
hyperlinking to this website or any of its contents, co-branding,
“framing” and
referencing this website or any of its contents or its URL for any
reason. Visitor
agrees to cooperate with Website to
remove or de-activate all such references or links and be liable for
any and
all damages. By
viewing the contents of
this website, the visitor acknowledges this condition and further
acknowledges
that any unauthorized use of the information contained in this website
is
strictly prohibited and unlawful.
Unauthorized use of the information or advertisements
contained in this
website may subject the visitor to civil or criminal penalties, up to
and
including an amount of US $100,000 in addition to any costs and actual
damages
for breach of any portion of this provision.
Visitor warrants that he or she that accepting this
provision as a
condition of viewing this website and viewing this website constitutes
acceptance and acknowledgement of this provision.
OWNERSHIP
OF WEBSITE OR RIGHTS TO
USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The
website and its contents are
owned or licensed by the Website.
All
material contained in the website should be presumed to be proprietary
and
copyrighted. Any
use of materials
on the website, including reproduction for purposes other than those
specifically
noted, modification, distribution, or replication, any form of data
extraction
or data mining, or other commercial exploitation of any kind, without
prior
written permission of the Website is strictly prohibited. Visitors agree that they
will not use any
robot, spider, or other automatic device, or manual process to monitor
or copy
our web pages or the content contained therein without prior written
permission
of an authorized officer of the Website.
All trademarks displayed on this
website are the trademarks
of their respective owners, and constitute neither an endorsement nor a
recommendation by the Website. In addition, such use of trademarks or
links to
third-party websites is not intended to imply, directly or indirectly,
that
those websites endorse or have any affiliation with the Website.
DISCLAIMER
OF WARRANTIES
The
website is provided on an “as
is” and on an “as available” basis.
To
the fullest extent permitted by applicable law, the Website makes no
representations or warranties of any kind, express or implied,
regarding the
use or the results of this website in terms of its correctness,
accuracy,
reliability, or otherwise. The
Website
shall have no liability for any interruptions in the use of this site. The Website disclaims all
warranties with
regard to the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some
jurisdictions do
not allow the exclusion of implied warranties, therefore the
above-referenced exclusion
is inapplicable.
LIMITATION OF LIABILITY
THE
WEBSITE SHALL NOT be
liable for any damages whatsoever, and in
particular THE WEBSITE shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss
of
revenue, or loss of use, arising out of or related to this website, the
information contained in it, OR INFORMATION THAT IS DOWNLOADED FROM
THIS
WEBSITE, whether such damages arise in contract, negligence, tort,
under
statute, in equity, at law, or otherwise, even if THE WEBSITE has been
advised
of the possibility of such damages. ADDITIONALLY, WEBSITE SHALL NOT BE
LIABLE
FOR ANY DAmAGES WHATSOEVER AS A RESULT OF DAMAGE RESULTING FROM ANY
VIRUSES,
WORMS, OR OTHER CORRUPTING FACTORS THAT MAY BE INADVERTENTLY PASSED TO
THE
vISITOR’S COMPUTER OR SOFTWARE AS A RESULT OF INTERACTING WITH THIS
WEBSITE OR
ANY OF ITS CONTENTS. SOME
JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
INDEMNIFICATION
Visitor agrees to indemnify and hold the Website, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the website, the violation of this Agreement, or infringement by visitor, or other user of the website using visitor’s computer, of any intellectual property or any other right of any person or entity.
MODIFICATIONS AND INTERRUPTION TO
WEBSITE CONTENTS
The Website reserves the right to modify or discontinue this website with or without notice to the visitor. The Website shall not be liable to visitor or any third party should the Website exercise its right to modify or discontinue the website contents. Visitor acknowledges and accepts that the Website does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of the Website’s control.
THIRD-PARTY SITES
Our website may include links to
other sites on the Internet
that are owned and operated by online merchants and other third parties. Visitor acknowledges that
the Website is not
responsible for the availability of, or the content located on or
through, any
third-party site. Visitor
should contact
the site administrator or webmaster for those third-party sites if you
have any
concerns regarding such links or the content located on such sites. Visitor’s use of those
third-party sites is
subject to the terms of use and privacy policies of each site, and the
Website
is not responsible therein. The Website encourages all visitors to
review said
privacy policies of third-parties’ sites.
DISCLAIMER REGARDING ACCURACY OF INFORMATION
Certain product specifications and
other information may be
contained in this website. While
the
Website makes every effort to ensure that the information on this
website is
accurate, we can make no representations or warranties as to the
accuracy or
reliability of any information provided on this website.
The Website makes no warranties or representations whatsoever with regard to any product provided or offered, and visitor acknowledges that any reliance on representations and warranties provided shall be at visitor’s own risk.
GOVERNING JURISDICTION OF THE COURTS
This website is operated and provided in the state of the seller. As such, the Website is subject to the laws of the state of the seller, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the state of the seller.
COMPLIANCE WITH LAWS.
Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use this website or any of its contents in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
OTHER TERMS
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Visitor agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by the Website, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a visitor. Visitor agrees that by accepting this Terms of Use Agreement, visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. Further, visitor agrees that as a condition of viewing and interacting with this website, that any communication between visitor and Website is deemed a submission. All submissions, including any portion thereof, shall become the exclusive property of the Website and may be used, without further communication or permission, for commercial use without any additional consideration of any kind to the visitor. Visitor acknowledges and agrees to limit the information they communicate to the Website to only that they wish to allow the Website the right to forever use as the Website sees fit.