FitnessThreads.com Terms of Use Agreement
(Read this Terms of Use Agreement before Accessing the Website)
Effective Date: This Terms of Use Agreement was last updated on February 2008
This Terms of Use Agreement sets forth the standards of use of the FitnessThreads.com. By using the FitnessThreads.com website 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 the FitnessThreads.com website. Your continued use of the Service 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
FitnessThreads.com is a E-Commerce site that caters to Fitness Apparel, Supplements, Costumes, Footwear, and Accessories, etc.
2. Disclaimer of Warranties
The site is provided by FitnessThreads.com on an as is and on an as available basis. To the fullest extent permitted by applicable law, FitnessThreads.com 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. FitnessThreads.com shall have no liability for any interruptions in the use of this Website. FitnessThreads.com 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
FitnessThreads.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR 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 WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FITNESS AMP 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 LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold FitnessThreads.com, 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 Members use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Members computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
FitnessThreads.com reserves the right to modify or discontinue the Service with or without notice to the Member. FitnessThreads.com shall not be liable to Member or any third party should FitnessThreads.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that FitnessThreads.com 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 FitnessThreads.com 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.
FitnessThreads.com 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 of Georgia
Our website is operated and provided in the State of Georgia. As such, we are subject to the laws of the State of Georgia 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 Georgia.
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 Kairos Fitness Resource, LLC DBA FitnessThreads.com / www.FitnessThreads.com, will all rights reserved, or is the property of FitnessThreads.com 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 FitnessThreads.com 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 FitnessThreads.com.
FitnessThreads.com is a trademark of Kairos Fitness Resource, LLC. FitnessThreads.com trademarks may not be used in connection with any product or service that is not provided by FitnessThreads.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FitnessThreads.com.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, FitnessThreads.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
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 FitnessThreads.com, 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.
1. We agree to provide you access to this website in accordance with the Terms of Use.
2. You agree to use this website in a manner consistent with any and all applicable rules and regulations.
3. You accept that this website is provided on an "as is, as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THIS WEBSITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING THIS WEBSITE.
6. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on this website without our prior consent in writing. No intellectual property or other rights shall be transferred to you.
7. To the extent that portions of our Site (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEBSITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on our Site.
8. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
9. We reserve the right to monitor all materials posted on the bulletin board ("Postings") and to remove any which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use.
10. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties.
11. Where we provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of the same.
12. The Terms of Use contain the entire understanding between us with respect of this website and no representation, statement, inducement oral or written, not contained herein shall bind either of us.
13. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.
14. Before starting any exercise and/or nutritional supplement program, consult your physician first!
15. This Agreement is governed by the laws of the State of Georgia, without regard to principles of conflict of laws.
© 2006 Kairos Fitness Resource, LLC. FitnessThreads.com is a registered trademark of Kairos Fitness Resource, LLC. |
