Terms and Conditions
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to the Internet site of fitnessnu.com. These Terms and Conditions apply to this Website. By using fitnessnu.com you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed in connection with any particular site or product, all as may be modified by fitnessnu.com from time to time in its sole discretion (collectively the “Terms and Conditions”). If you do not agree with these Terms and Conditions, you may not use this site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. It is your responsibility to please check periodically for changes. Your continued use of this site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL fitnessnu.com INC., INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER fitnessnu.com INC. HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR PERSONAL DATA OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO fitnessnu.com INC. WEBSITE OR ANY OF THE SERVICES PROVIDED BY fitnessnu.com.
Restrictions on Use of Materials
All material, information and content (collectively “Content”) available on this Site, including the manner in which such Content is presented, are: the sole property of fitnessnu.com, its registrars, affiliates and/or licensors. All rights reserved. Such Content is protected by worldwide laws and treaty provisions. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through this Site or any of the services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective owner of such Content. fitnessnu.com grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all proprietary notices.
All product, brand and company names and logos used or mentioned on this site may be the trademarks or registered trademarks of their respective owners.
In consideration of the availability, and your use of this Site, you agree to comply with all applicable laws and these Terms and Conditions when using this site. You agree not to use this site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying this site, or the Internet; defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, trojan horse, worm or any other harmful or disruptive component.
fitnessnu.com reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on this Site. If any change is not acceptable to you, you must discontinue your use of this site immediately. Your continued use of this site after any such changes are posted will constitute acceptance of those changes. Further, fitnessnu.com reserves the right to change, modify, suspend or discontinue any aspect of this site, or Content from time to time without notice or liability and for any reason whatsoever.
Content Linked to this Site
Please note that certain links on this site may take you to other websites. fitnessnu.com provides these links only as a convenience and not as an endorsement by fitnessnu.com. These linked sites are not necessarily under the control of fitnessnu.com. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. fitnessnu.com is not responsible for the content of any such linked sites or any other web page which is not part of this Site and under fitnessnu.com’s control. Unless otherwise expressly provided, fitnessnu.com makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that fitnessnu.com will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from this Site.
Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, this site or any of the services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. fitnessnu.com assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that fitnessnu.com shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify and hold harmless each of fitnessnu.com, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on this site, from and against any and all claims, actions or demands, including without limitation legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of this site, fitnessnu.com services, or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from this site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL fitnessnu.com, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER fitnessnu.com HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE PRODUCTS ON THIS SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THIS SITE.
You expressly acknowledge that fitnessnu.com has entered into this agreement, and has and will make this site available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the agreement between you and fitnessnu.com. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between fitnessnu.com and you pertaining to your use of this site and supersedes any prior agreements between you and fitnessnu.com with respect to the subject matter hereof. fitnessnu.com’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.