Legal and Privacy Statement
All About Fitness Web Site Use and Conditions Policy: PLEASE READ CAREFULLY By
accessing or using All About Fitness.com, you agree to be bound by and accept without
reservation this agreement's terms and conditions. If you do not agree or do not
want to be bound by such terms and conditions, you should not access the
website. You further understand, acknowledge and agree that any terms and
conditions may change from time to time without notice to you and by accessing
or using All About Fitness.com you agree to be bound by and accept such changed terms
and conditions without reservation.
Please feel free to download or print any information provided by All About
Fitness.com provided such is for your personal use only. You may not, in
whole or in part, reprint, retransmit, distribute or reproduce any information
unless receiving prior written permission.
You can only use All About Fitness.com for lawful educational and entertainment
purposes. You may not use the website to transmit, distribute or store material
in violation of any applicable law, nor in a manner that will infringe the
copyright, trademark, trade secret or other intellectual property rights of
others or the privacy, publicity or other personal rights of others or that is
obscene, threatening, abusive, defamatory, pornographic, invasive of privacy,
illegal or hateful.
Privacy is of great concern to us and we respect the privacy of all our users.
All About Fitness will not release any personal information such as name, e-mail
address, mailing address, etc. to any third party without your prior consent.
Personal information must be used, however, when you purchase products or
services from All About Fitness.com or if necessary for enforcement of any of this
Agreement's terms and conditions.
All About Fitness.com may contain links to web sites operated by other parties. The
links are provided for your convenience only. All About Fitness does not control nor
endorse such web sites nor is All About Fitness responsible for the content, condition
and performance of these sites or for your relationship with them. Links
provided on All About Fitness.com do not imply any endorsement of the material and/or
products on such other web sites.
Information contained in All About Fitness.com is not a substitute for professional
medical advice, health care services or a medical exam. Nothing accessed is or
should be interpreted as a general or specific recommendation for a specific
treatment plan, product, exercise regimen or course of action. Always seek the
advice of your physician or other qualified health professional before starting
any new regimen or treatment. Reviewing the information provided in
All About Fitness.com shall not and in fact does not replace speaking with a qualified
health, exercise or medical professional. Only your doctor or a qualified
medical professional can provide you with advice or recommendations for an
individual ailment, treatment or problem. In addition, while All About Fitness
endeavors to frequently update the website content; health, exercise and medical
information changes rapidly and it is impossible for All About Fitness to stay abreast
of all such changes.
You agree that All About Fitness, its officers, directors, employee or agents shall
have no liability to you under any theory of law, liability or indemnity in
connection with your use of All About Fitness.com. You hereby release, discharge and
forever waive any and all claims you may have against All About Fitness, its officers,
directors, employees, agents or the like including but not limited to claims
based upon the negligence of All About Fitness, its officers, directors, employees,
agents or the like for losses or damages you sustain in connection with your
access and use of All About Fitness.com.
Under no circumstances, including but not limited to negligence, shall
All About Fitness be liable for any damages (special, consequential, incidental or
punitive) that result from your use of, or your inability to use, the materials
in this site, even if All About Fitness or a representative has been advised of the
possibility of such damages. Applicable law may not allow the full or partial
limitation or exclusion of liability or damages, so that the above limitation or
exclusion may not apply to you, but such exclusion is applicable to the least
extent possible to avoid such exclusion. Any action or proceeding to enforce
any provision of, or based on any right arising out of, this Agreement must be
brought against either of the parties in the courts of the State of North
Carolina,
County of Pender, or, if it has or can acquire jurisdiction, in the United
States District Court for the North Carolina, and you acknowledge and consent
to the exclusive personal jurisdiction of such courts (and of the appropriate
appellate courts) in any such action or proceeding and waive any objection to
venue laid therein. Process in any action or proceeding referred to in the
preceding sentence may be served on you anywhere in the world.
This Agreement shall be governed by the State of North Carolina's internal laws without
regard to conflicts of law principles. This Agreement embodies the entire
understanding between the Parties and supersedes any prior understanding and
agreements between and among them respecting the subject matter hereof. There
are no representations, agreements, arrangements or understandings, oral or
written, between the parties hereto relating to the subject matter of the
Agreement which are not fully expressed herein.
Your use of this website indicates your agreement to be bound by the above
terms.
Disclaimer of Warranties: You expressly understand and agree that:
1. Your use of All About Fitness.com is at your sole risk. The materials are provided
on an "as is" and "as available" basis. All About Fitness expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. 2. All About Fitness makes no warranty that (i) the materials
will meet your requirements, (ii) the materials will be uninterrupted, timely,
secure, or error-free, (iii) the results that may be obtained from the use of
the materials will be accurate or reliable, (iv) the quality of any products,
services, information, or other material purchased or obtained by you through
the site will meet your expectations, and (v) any errors in the software will be
corrected. 3. Any material downloaded or otherwise obtained through the use of
the site is done at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or loss of data that results
from the download of any such material. 4. No advice or information, whether
oral or written, obtained by you from All About Fitness.com or through or from the
site shall create any warranty not expressly stated.
Limitation of liability: You expressly understand and agree that All About Fitness
shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if All About Fitness has been
advised of the possibility of such damages), resulting from: (i) the use or the
inability to use the site; (ii) the cost of procurement of substitute goods and
services resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through or from the
site; (iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service; or (v) any other
matter relating to the site.
Exclusions and limitations: Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations may not apply
to you.
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