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Terms and Conditions of Use - Fitness Fashions

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ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE


Please read the terms of use ("TOU") carefully before using this web site. Your use of this web site indicates that you accept this TOU and any other operating rules or policies that may be promulgated by fitnessfashions.com from time to time. "This site" refers to the site having the URL fitnessfashions.com. By accessing, browsing and or using this site, you acknowledge that you have read, understood and agreed to be bound by this TOU. If you do not agree to these terms, do not use this site.

fitnessfashions.com may at any time revise this TOU by updating this posting. By using this site, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the site to examine the then current TOU to which you are bound. Certain provisions of this TOU may be superseded by expressly designated legal notices or terms located on particular pages at this site.

In consideration for the use of this site, you agree to (1) provide complete and accurate information about yourself when so prompted by this site and (2) maintain and update this information as necessary to keep it current, complete and accurate. Any use of your personal information is set forth in our Privacy Policy.

SITE CONTENT


Unless otherwise noted, all materials, including, but not limited to, photographs, caricatures, illustrations, designs, icons, articles, text, audio clips and video clips (collectively, the "Content") on this site are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by fitnessfashions.com. This site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by fitnessfashions.com or its suppliers. The content and software on this site may be used only for conducting business between you and fitrnessfashions.com on this site. Any other use, including reproduction, modification, creating derivative works, distribution, transmission, display or performance of the content on this site is strictly prohibited.

fitnessfashions.com and other graphics, logos, service marks and trade names used on this site by fitnessfashions.com are the trademarks of fitnessfashions.com or its suppliers and may not be used without permission in connection with any third-party products or services or in any manner not permitted in fitnessfashions.com's trademark use policy, which may be promulgated from time to time. All trademarks, service marks and trade names (including third-party product names) used on this site are the property of their respective owners.

INFORMATION, SUGGESTIONS, ADVICE


Users who seek, consume or otherwise use advice from experts, articles or other text, communications with fitnessfashions.com employees or other communications with other users do so of their own volition and at their own risk. fitnessfashions.com will have no obligations with respect to the information, suggestions or advice offered by any party. Any health or medical information provided by or via the site should not be used as a substitute for seeking medical advice, diagnosis, treatment or care. All specific medical questions you have about your medical condition, diagnosis, treatment or care should be presented to your own professional health care provided.

DOING BUSINESS WITH FITNESSFASHIONS.COM AND OTHERS AT THIS SITE


Except where otherwise indicated, if this site offers you the opportunity to purchase goods or services, you are doing business with fitnessfashions.com. There may also be instances when you do business directly with a guest vendor on this site. When this happens, the page on this site where you do the business will disclose that you are doing business directly with the guest vendor, not fitnessfashions.com. There may also be special terms and conditions applicable to your dealings with the guest vendor, which will be disclosed at that point.

LINKS TO OTHER WEB SITES


Links on this site to other web sites operated by third parties are provided solely as a convenience to you. If you use these links, you will leave this site. fitnessfashions.com has not reviewed the third party sites and is not responsible for any of those sites or their content. Thus, fitnessfashions.com does not endorse or make any representations about them, or any information, software, products or other materials found there, or any results that may be obrained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

USER COMMUNICATIONS


fitnessfashions.com may, but is not obligated to, monitor or review any areas on this site where users transmit or post communications to or through this site or communicate with other users of this site (including but not limited to chat rooms, bulletin boards, user forums) and the content of any such communications. fitnessfashions.com, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity or otherwise.

You are solely responsible for all Content you post, email or otherwise transmit via this site. fitnessfashions.com does not control the Content posted, emailed or otherwise transmitted via this site and, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this site, you may be exposed to Content that is offensive, indecent or other violation of individuals' or proprietary rights. Under no circumstances will fitnessfashions.com be liable for any Content posted, emailed or otherwise transmitted via this site.

fitnessfashions.com may, at its sole discretion, take any action as fitnessfashions.com in its sole discretion deems necessary if fitnessfashions.com believes it may create liability for fitnessfashions.com, its suppliers or its partners, including, but not limited to removing any user Content, immediate termination of service, if a user's conduct fails to confirm with the letter or spirit of the terms and conditions.

PASSWORD


Registered users are solely responsible for their failure to maintain the confidentiality of their account information and password. Furthermore, registered users are entirely responsible for any and all activities which occur under such users account. You agree to immediately notify fitnessfashions.com of any unauthorized use of your account or any other breach of security known to you.

INDEMNITY


You agree to indemnify and hold fitnessfashions.com, and its subsidiaries, affiliates, officers, employees and agents harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of your use of this site, any Submission you post, email or transmit to or through this site, your violation of the TOU, or your violation of any third party rights.

DISCLAIMER OF WARRANTIES


This site is provided by fitnessfashions.com on an "as is" basis. fitnessfashions.com makes no representations or warranties of any kind, express or implied, as to the operation of this site, its Contents, or any information made available on this site. Except as expressly stated otherwise, fitnessfashions.com makes no representations or warranties of any kind, express or implied, as to materials, products or services offered on this site. fitnessfashions.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, title, fitness for a particular purpose and non-infringement with respect to all of the foregoing. Futhermore, fitnessfashions.com does not warrant the accuracy or completeness of the information at this site, including to the products and prices described at this site, at any time without prior notice to users of this site. Information at this site that is peiodically updated may not be current at the moment you visit this site and may contain errors. fitnessfashions.com does not warrant that use of this site will be uninterrupted, secure or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY


In no event will fitnessfashions.com, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever including but not limited to direct, indirect, incidental punitive and consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use or the results of use of this site, any web sites linked to this site, the materials or information contained at any or all such sites, or the materials, products or services offered on this site or sites linked to this site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibilty of such damages. In no event will fitnessfashions.com or any other party involved in creating, producing, or delivering this site be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon information provided through this site. The aggregate liability of fitnessfashions.com, or any of its suppliers or other third party vendors, arising from or relating to this agreement (regardless of the form of action or claim, e.g. contract, warranty, tort, strict liabality, negligence, malpractice, fraud or any other legal theory) is limited to the purchase price of any products you purchased in the relevant transaction. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exlusion may not apply to you.

TERMINATION


fitnessfashions.com reserves the right to restrict access to this site to any user, and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to this site by any person, including persons who previously had access.

GENERAL


The TOU shall be governed by and construed in accordance with the laws of the state of California as it is applied to contracts entered into by residents of the United States of America. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the other parties with the other provisions remaining in full force and effect. fitnessfashions.com's failure to exercise or enforce any right or provision of the TOU shall not consttute a waiver of such right or provision unless acknowledged and agreed to by fitnessfashions.com in writing. You and fitnessfashions.com agree that any cause of action arising out of or related to this TOU or this site must commence within one (1 ) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOU are solely used for the convenience of the parties and have no legal or contractual significance.


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