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Website Terms of Use Agreement
Read This Terms of Use Agreement
Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on December 2, 2006.
This
Terms of Use Agreement sets forth the standards of use of The Fitness Boutique Website. By using www.thefitnessboutique.com you (the “Member”) agree to these terms and conditions. If you do not agree to
the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve 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 www.thefitnessboutique.com. Your continued use of the Site 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.
1. Description of Service
The Fitness Boutique is providing Member with information
about its online store and product line. Member must provide (1) all equipment necessary for their
own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and
(3) pay any fees relate with such connection.
Member must provide (1) all equipment necessary for their own Internet connection, inlcuding computer and modem
and (2) provide for Member's access to the Internet, and (3) pay any fees related with such connection.
2. Disclaimer of Warranties
The site is provided by The Fitness Boutique
on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, The
Fitness Boutique makes no representations or warranties of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability, or otherwise. The Fitness Boutique shall have
no liability for any interruptions in the use of this Website. The Fitness Boutique 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.
3. Limitation of Liability
The Fitness Boutique SHALL NOT be liable for any damages whatsoever, and in particular, The Fitness Boutique 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 or the information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if The Fitness Boutique has been advised of the
possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATION IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold The Fitness Boutique
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 Member’s use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property
or any other right of any person or entity.
5. Modifications and Interruption to Service
The Fitness Boutique reserves
the right to modify or discontinue the Service with or without notice to the Member. The Fitness Boutique shall
not be liable to Member or any third party should The Fitness Boutique exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that The Fitness Boutique 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 our control.
6. 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. You acknowledge that we are not responsible
for the availability of, or the content located on or through, any third-party site. You 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. Your
use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Disclaimer
Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly
available sources. While The Fitness Boutique 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
Fitness Boutique makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor,
and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8.
Governing Jurisdiction of the Courts California
Our website is operated and provided in the State of California. As such, we are
subject to the laws of the State California 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 California.
9.
Compliance with Laws
Member
assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the
Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Member 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.
10.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the
selection and arrangements thereof is ©2006 The Fitness Boutique with all rights reserved, or is the property of The Fitness Boutique and/or third parties protected by
intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those
noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation
of any kind, without prior written permission of an authorized officer of The Fitness Boutique is strictly prohibited. Members
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 Fitness Boutique.
The Fitness Boutique and www.thefitnessboutique.com are proprietary marks of The Fitness Boutique. The
Fitness Boutique trademarks may not be used in connection with any product or service that is not provided by The Fitness
Boutique, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits
The Fitness Boutique.
All other
trademarks displayed on The Fitness Boutique's website are the trademarks of their respective owners, and
constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links
to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation
with The Fitness Boutique.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright
Act, The Fitness Boutique designates the following individual as its agent for receipt of notifications of claimed
copyright infringement. By
Email: contact@thefitnessboutique.com
12.
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. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned
by The Fitness Boutique 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 Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting
to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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