Terms and conditions of use.
E-fitnessnews owns and operates the services. e-fitness news reserves the right to change any terms or conditions without notice, effective upon their posting. e-fitness news or its service providers, parents, affiliates and business associates may impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability; e-fitnessnews may also terminate your use of the services at any time in its sole discretion.
use of services; ownership of intellectual property rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “content”) constitute the sole and exclusive property of e-fitnessnews or its subsidiaries, affiliates, licensors and content providers. The user is granted a personal, non-exclusive, non-assignable and non-transferable license to use the content for non-commercial and personal, informational use only. The following acts are additionally prohibited without e-fitnessnews‘s prior written approval: copying of the services or the content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any content, in whole or in part (including without limitation, the display and distribution of the content via a third party application or web site); and disassembling, decompiling, reverse engineering or otherwise modifying the content.
User expressly agrees that use of the services is at user’s sole risk. Neither e-fitnessnews its parents, affiliates, employees, agents, service providers, third party information providers, licensors or the like, warrant that the services will be uninterrupted, secure or error free; nor do they make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy, reliability, security or content of any information or service contained in or provided through the services.
The services, all content and information provided therein, and all downloadable software is provided on an “as is,” “as available” basis without warranties of any kind, and all such warranties, whether oral or written, express or implied, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose are hereby disclaimed and expressly negated. No oral advice or written information given by e-fitnessnews, any of its parents, affiliates, employees, agents or any service providers, third party information providers; licensors or the like, shall create a warranty; nor shall user rely on any such information or advice. User hereby acknowledges that e-fitnessnews is not responsible for any intercepted information sent via the internet, and user releases e-fitnessnews from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
limitation of liability
Under no circumstances, including negligence, shall cf, its parents, affiliates, employees, agents or any third party information provider, service providers, licensor, or anyone else involved in creating, producing or distributing the services, be liable for any direct, indirect, incidental, exemplary, economic, punitive, lost profit, special or consequential damages or for any damages that result from or are related to the use of or inability to use the services; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft or destruction.
The user agrees to indemnify, defend and hold harmless, e-fitnessnews, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions by the user. E-fitnessnews reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by user, in which event user will fully cooperate with e-fitnessnews in asserting any available defenses.
third party links and sites
In order to identify third party sites or resources, the services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the services are the property of their respective owners and are used in accordance with existing agreements between e-fitnessnews and the third party or by usage guidelines and policies set forth by the third party.
opt out of receiving further web based marketing
You can choose to be removed from our web-generated marketing lists at any time. Each unsolicited commercial email includes instructions for opting out of further e-mail marketing communications. In addition, you can opt out of e-fitness marketing e-mail or print mail by sending an e-mail with “remove” in the subject line to firstname.lastname@example.org
These terms and conditions of use shall be governed by, construed and enforced in accordance with the laws of the state of Connecticut and the federal laws of the united states of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the state of Connecticut for any disputes arising from or related to the services or these terms and conditions of use. These terms and conditions are not intended to alter the terms or conditions of any other agreement you may have with e-fitnessnews or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the services. Should any provision in these terms and conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These terms and conditions may not be altered by action, inaction or course of dealing between the parties. These terms and conditions may only be altered by (a) prior written mutual agreement between e-fitnessnews and user; or (b) e-fitnessnews posting revisions on the services. Failure by e-fitnessnews to object to a user’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection.