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PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE and/or
ONLINE WELLNESS TOOL
Acceptance of Terms
Active Bodyworks LLC (the "Company") provides access to its web
site Activebodyworks.com, Hallwayfitness.com and Circuitkids.com
(the "Site") subject to the terms of service set forth in this
document. By accessing or using this Site, you are agreeing to
comply with and be bound by this Agreement. If you do not agree to
these terms, you should not access or use our Site/Sites. These
terms of service may be updated by the Company from time to time.
Your use of the Site will be subject to the most current version
of the terms of service. The terms "You" and "User" as used herein
refer to all individuals and/or entities accessing this web site
for any reason.
This
Agreement is void where prohibited by law, and the right to access
the Site is revoked in such jurisdictions.
Description of Service
The Company provides users with access to a variety of online
resources for fitness, Wellness, Lifestyle Nutrition management
and optional site visits (the "Service") for a fee unless
otherwise agreed or stated.
No
information on
Activebodyworks.com, Hallwayfitness.com
and Circuitkids.com is intended to be medical diagnoses or advice.
The Site should never be used as medical advice or used in place
of a visit to a medical professional. Always seek the advice of
your physician or other qualified health provider prior to
starting any new fitness, diet or treatment and with any questions
you may have regarding a medical condition.
The Site is
not intended for, and should not be used by individuals who have
special nutritional or medical concerns. These individuals have
unique nutritional, metabolic, and health needs. The Site will NOT
present accurate information to these individuals. Seek the advice
of your physician or other qualified health provider.
User Conduct and Responsibilities
You agree not to use the Site for illegal purposes or for the
transmission of material that is unlawful, harassing, libelous,
invasive of another's privacy, abusive, threatening, harmful,
vulgar, obscene, tortuous, or otherwise objectionable.
You agree not
to interfere with or disrupt the Site or servers or networks
connected to the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site.
The Company has
the right to suspend or terminate your account and refuse use of
the Service.
Copyright
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as
allowed by the following "Limited Right to Use" section, is
strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not
constitute a waiver of any right in such information and
materials.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form
or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale
or redistribution).
Privacy Policy
See our
privacy policy
for issues regarding privacy on activebodyworks.com.
Use of Information
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy.
Registration and Password
You are responsible for maintaining the confidentiality of your
information and password. You shall be responsible for all uses of
your registration, whether or not authorized by you. You agree to
immediately notify the Company of any unauthorized use of your
registration or password.
General Practices Regarding Use and Storage
You acknowledge that the Company may establish general practices
and limits concerning use of the Site, including without
limitation the maximum number of days that information stored in
an online journal will be retained by the Site, the maximum,
activities, or other items that can be stored in an account on the
Site, the maximum disk space that will be allotted on the
Company's servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Site in a
given period of time. You agree that the Company has no
responsibility or liability for the deletion or failure to store
any content maintained by the Site. You acknowledge that the
Company reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that the
Company reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without
notice.
Modifications to Service
The Company reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that the
Company shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
Termination
The Company reserve the right, at its sole discretion, to suspend
or deny your access to all or any portion of the Site with or
without notice for any reason. The Company may also at its sole
discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any
termination of your access to the Site may be effected without
prior notice, and acknowledge and agree that the Company may
immediately deactivate or delete your account and all related
information and files in your account and bar any further access
to such files or the Site. Further, you agree that the Company
shall not be liable to you or any third-party for any termination
of your access to the Site.
Links to other Web Sites
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site
on our Site does not imply approval or endorsement of the linked
Web site by us. If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
Unsolicited Submissions
We are pleased to hear from our users and welcome your comments
regarding our services. If you send us comments, suggestions,
ideas, articles, materials, notes, drawings, concepts or other
information (collectively, "Submissions"), the Submissions shall
be deemed, and shall remain, our property and we may use, copy,
display, distribute, adapt, transfer or dispose of Submissions in
any way and for any purpose as we may, in our sole discretion,
determine appropriate. None of the Submissions shall be subject to
any obligation of confidence on our part, and we shall not be
liable for any use or disclosure of any Submissions.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its
affiliates, directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees,
arising out of the use by you of the Service.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS SOLELY AT YOUR OWN
RISK. NEITHER THE COMPANY, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AFFILIATES, ADVERTISERS, SPONSORS, OR OTHERS, WARRANT THAT
USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR
CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE
PROVIDED ON OR THROUGH THE SITE.
THE SITE, AND YOUR ACCESS TO IT, IS
PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY
DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AS TO ALL GOODS, SERVICES AND
INFORMATION PROVIDED ON OR THROUGH THE SITE. NO ORAL OR WRITTEN
INFORMATION GIVEN BY US NOR ANY PROVIDER SHALL CREATE ANY
WARRANTY.
LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SITE OR MESSAGES RECEIVED OR PRODUCTS OR
SERVICES PURCHASED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE COMPANY
HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Information
These terms of service constitute the entire agreement between you
and the Company and govern your use of the Service. These terms of
service and the relationship between you and the Company shall be
governed by the laws of the Commonwealth of Virginia. If any
provisions of these terms of service are found to be invalid by
any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining
provisions of these terms of service, which shall remain in full
force and effect. No waiver of any term of these terms of service
shall be deemed a further or continuing waiver of such term or any
other term. |
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