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A. General Terms and Conditions
B. Terms and Conditions For Advertisers
C.
Terms and Conditions For
Consumers
A. General Terms and Conditions
Your access and use of this site and its
services bind you to this Agreement. If you do not agree to the Terms and
Conditions of Use for this site, you may not use the site or its services.
We may modify this Agreement at any time.
Any modifications made to this Agreement will be effective immediately
upon posting on the site. By accessing or using the Service, you agree to
be bound by all of the terms and conditions of the Agreement as posted on
the Service at the time of your access or use. You agree to review the
Agreement posted on the Service each time you use the Service so that you
are aware of any modifications made to this Agreement.
By accessing and using this website, you
have also consented to receiving all promotional materials, e-mails,
notices and other forms of communication from us from time to time.
B. Terms and Conditions For Advertisers
Advertisers are fully responsible for
their contents including its truthfulness, accuracy and non-infringement
of any other person's legal or proprietary rights, for any materials or
work submitted for publication on our Web Site. The Advertiser will not
allow our site to be used for storing, sending or receiving any material
which is obscene, menacing, threatening, offensive, abusive, indecent,
defamatory, fraudulent, criminal or which infringes the rights of any
other parties.
It is the Advertiser's responsibility to
retain copies of their own data. Body-By-Rick.com and/or
RickFit Fitness Enterprise accepts no responsibility
for the loss of any data in any form, which may result from inclusion on
the Web Site or from the use of our services.
The Advertiser will indemnify
Body-By-Rick.com and/or
RickFit Fitness Enterprise from and against any and all liabilities,
expenses (including any legal fees) and damages arising out of claims
based upon submissions made by the Advertiser to
Body-By-Rick.com and/or
RickFit Fitness Enterprise for inclusion on the Web site and which are
subsequently published by Body-By-Rick.com and/or
RickFit Fitness Enterprise.
Body-By-Rick.com and/or
RickFit Fitness Enterprise reserves the right to suspend or close the
services provided to the Advertiser in the event of non-payment on the due
date without prior written notice to the Advertiser. In the event of
non-payment the Advertiser will be responsible for all costs incurred by
Body-By-Rick.com and/or
RickFit Fitness Enterprise including without limitation any legal fees incurred.
Body-By-Rick.com and/or
RickFit Fitness Enterprise also reserves the right to reject any
advertisement with or without cause if there is reason to believe that the
said advertisement would undermine the integrity and reputation of
Body-By-Rick.com and/or
RickFit Fitness Enterprise.
Nothing in this agreement is intended to
or will create any form of partnership or joint venture, agency,
franchise, sales representation or employment relationship between
Body-By-Rick.com and/or
RickFit Fitness Enterprise and the Advertiser.
Advertiser will hold
Body-By-Rick.com and/or
RickFit Fitness Enterprise free of any and all actions against it as a
consequence of data supplied by the Advertiser which is authorized for
display on the Web Site, including all reasonable legal costs that
Body-By-Rick.com and/or
RickFit Fitness Enterprise will suffer or incur by reason
of any claim or the defence of any claim relating to the person or company
materials they have displayed on the Web Site.
It is also acknowledged that
Body-By-Rick.com and/or
RickFit Fitness Enterprise makes no warranties, representations or conditions with
regard to any of the contents whether expressed or implied arising by law
or otherwise and which have been supplied by the Advertiser and there is
no implied warranty of merchantability or fitness for a particular
purpose.
Under no circumstances shall
Body-By-Rick.com and/or
RickFit Fitness Enterprise or any of its officers, directors, employees,
subsidiaries, agents, associates, parents, or affiliates be held liable
for any indirect, incidental, special or consequential damages,
(including, without limitation, damages for losses whether of a personal,
public, institutional or corporate nature, loss of any revenues or
profits) arising in contract, to or otherwise from the use of or inability
to use the Web Site, or any of the Contents, or from any action or
decision taken as a result of using the Web Site or the Contents.
Body-By-Rick.com and/or
RickFit Fitness Enterprise will not be held liable
for any errors or service interruptions regardless of cause.
Advertisers also agree to indemnify
Body-By-Rick.com and/or
RickFit Fitness Enterprise from and against any and all liabilities,
expenses (including any legal fees) and damages arising out of claims
based upon submissions for inclusion in the Web Site that are subsequently
published by Body-By-Rick.com and/or
RickFit Fitness Enterprise on the Web Site,
including any claim of libel, defamation, violation of rights of privacy
or publicity, loss of service by other customers and infringement of
intellectual property or other rights.
Body-By-Rick.com and/or
RickFit Fitness Enterprise reserves the right to decline, withdraw or
terminate access to the Web Site without notice and in particular if
Body-By-Rick.com and/or
RickFit Fitness Enterprise suspect that any material stored or
disseminated by the Advertiser may be in contravention of clauses in this
Agreement.
Body-By-Rick.com and/or
RickFit Fitness Enterprise reserve the right at all times to inspect the
material and if it is found to be in contravention of clauses from this
agreement to remove the material from the Web Site and/or suspend part or
all of the Services and/or terminate this Agreement immediately without
any further obligation to the Advertiser.
In case of termination the Advertiser
will remain liable to pay Body-By-Rick.com and/or
RickFit Fitness Enterprise all sums accrued due on or prior to the date of
termination, the Advertiser will also continue to respect and uphold all
confidentiality and copyright obligations and if requested by
Body-By-Rick.com and/or
RickFit Fitness Enterprise, return all materials belonging to
Body-By-Rick.com and/or
RickFit Fitness Enterprise,
specifically certifying that they have done so.
C. Terms and Conditions For Consumers
- All Fitness Products, Services and
Merchandise listed on this site are owned by private, independent
businesses and /or companies.
Body-By-Rick.com and/or RickFit Fitness
Enterprise makes no guarantees or warranty, expressed or implied,
including warranties of merchantability and fitness for a particular
purpose, with regards to the currency, accuracy, quality, completeness,
availability or usefulness of data, information, apparatus, product, or
process disclosed, provided through this service, and no responsibility or
legal liability is assumed for any damages or inconvenience arising from
its use.
- Body-By-Rick.com and/or RickFit
Fitness Enterprise, and their associates cannot guarantee that such
products and services offered here will be safe, effective or suitable for everyone.
For that reason, all such products and services, and the programs,
techniques and materials embodied in such products and services, are
offered without warranties or guarantees of any kind, express or
implied, and Body-By-Rick.com and/or RickFit Fitness Enterprise, and their associates disclaims any liability, loss or damages that may result from their
use.
By accepting the terms of this agreement,
you - the Consumer - are stating that you fully understand that you
are solely responsible for the way that the information within this
Website and within all forms of communication received from
Body-By-Rick.com and/or RickFit Fitness Enterprise and their associates are perceived and utilized and do so at your own risk.
By accepting the terms
of this agreement, on behalf of yourself, your heirs, assigns, insurance
companies, executors and administrators, you are acknowledging that you do
hereby waive, release and forever discharge Body-By-Rick.com and/or RickFit
Fitness Enterprise, and their respective heirs, directors, officers,
associates, agents, employees, representatives, successors and assigns,
administrators, executors, and all others from any and all
responsibilities or liability from injuries or damages resulting from or
connected with your participation in any of the services/products/programs whether arising
from the negligence of the releases or otherwise.
All of the information provided on the
Body-By-Rick.com and/or RickFit Fitness Enterprise website and through any
Body-By-Rick.com or
RickFit Fitness Enterprise communication is made without warrantee or
guarantee, express or implied. This website (and all communication
received from Body-By-Rick.com
or RickFit Fitness Enterprise)
provides opinion in regards to the subject matter contained herein. You
acknowledge and agree that no warranties or representations have been made
to you regarding the results you will achieve from any of the services or
programs.
Body-By-Rick.com and
RickFit Fitness Enterprise offers no warranties or representations
regarding the advice, instructions, e-mail advice or any other information
contained in this Website. Body-By-Rick.com and RickFit Fitness Enterprise
disclaim any responsibility and all warranties,
representations and conditions regarding the site or the information,
including all implied warranties and conditions of merchantability,
fitness for a particular purpose, non-infringement, whether expressed or
implied, or arising from a course of dealing, usage or trade practice and
shall not be liable for any damages, claims, liabilities, costs or
obligations including any direct, indirect, special, incidental, punitive
or consequential damages (collectively the "damages") whatsoever
and howsoever caused, arising out of or in connection with the use or
misuse of the site or the information whether such damages arise in
contract, tort, negligence, equity or statute law or by way of any other
legal theory regardless of whether such damages could have been foreseen.
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