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Terms and Conditions
Terms and Conditions
Agreement between user and fitolife.com
Welcome to fitolife.com. The fitolife.com website (the “Site”) is comprised of various web pages operated by NeroznakNails Inc (“Anna Neroznak”).
Fitolife.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of fitolife.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Health and exercise disclaimers
Anna Neroznak advises that you consult with your physician before you begin any exercise program or make any changes to your diet. You should be in good physical condition and be able to participate in any exercise.
Anna Neroznak is not a licensed medical care provider or dietitian and represents that it has no expertise in diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. Achieving or maintaining your fitness goals is not guaranteed and results are subject to individual compliance and variation.
You should understand that when participating in any exercise, fitness plan or diet plan, there is a possibility of physical injury or impact on your health. If you engage in this exercise, fitness plan or diet plan, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself or impact on your health, and agree to release and discharge Anna Neroznak and its associates from any and all claims or causes of action, known or unknown, arising out of negligence of Anna Neroznak or its associates.
All exercises and other forms of physical activity can be dangerous, especially if performed without medical advice, proper supervision and/or pre-exercise evaluation. The videos, techniques, ideas and exercise suggestions presented in fitolife.com products are not intended to be professional training advice.
Always consult your physician or health care professional before performing any exercise or making changes to your diet, especially if you have any chronic or recurring condition, and/or if you are pregnant, nursing, or elderly.
All exercises you perform or changes to your diet that you make are your own responsibility and at your own risk. The editors, authors and/or publishers of fitolife.com products make no warranty of any kind in regard to the contents of these products, including, but not limited to, any implied warranties of merchantability or fitness for any particular purpose.
The editors, authors and/or publishers of this product are not liable or responsible to any person or entity for any errors contained in this product, or for any special, incidental, or consequential damage caused or alleged to be caused directly or indirectly by the information contained within.
None of the techniques, exercises or diets presented by fitolife.com products is intended for persons under 16 years of age.
Visiting fitolife.com or sending emails to Anna Neroznak constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Anna Neroznak is not responsible for third party access to your account that results from theft or misappropriation of your account. Anna Neroznak and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Anna Neroznak does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use fitolife.com only with permission of a parent or guardian.
Links to third party sites/Third party services
Fitolife.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Anna Neroznak and Anna Neroznak is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Anna Neroznak is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Anna Neroznak of the site or any association with its operators.
Certain services made available via fitolife.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the fitolife.com domain, you hereby acknowledge and consent that Anna Neroznak may share such information and data with any third party with whom Anna Neroznak has a contractual relationship to provide the requested product, service or functionality on behalf of fitolife.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Anna Neroznak or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Anna Neroznak content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Anna Neroznak and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Anna Neroznak or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Anna Neroznak has no obligation to monitor the Communication Services. However, Anna Neroznak reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Anna Neroznak reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Anna Neroznak reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Anna Neroznak’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Anna Neroznak does not control or endorse the content, messages or information found in any Communication Service and, therefore, Anna Neroznak specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Anna Neroznak spokespersons, and their views do not necessarily reflect those of Anna Neroznak.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to fitolife.com or posted on any Anna Neroznak web page
Anna Neroznak does not claim ownership of the materials you provide to fitolife.com (including feedback and suggestions) or post, upload, input or submit to any Anna Neroznak Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Anna Neroznak, our affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Anna Neroznak is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Anna Neroznak’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Anna Neroznak account to third party accounts. By connecting your Anna Neroznak account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Anna Neroznak from our offices within Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the Anna Neroznak Content accessed through fitolife.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Anna Neroznak, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Anna Neroznak reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Anna Neroznak in asserting any available defenses.
Exclusion of Warranties and Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND SUBJECT TO ANY LAWS, IN YOUR JURISDICTION, THAT COULD PROHIBIT OR LIMIT, IN WHOLE OR IN PART, THE SCOPE OF THE PRESENT EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY, ANNA NEROZNAK, ITS AFFILIATES, THEIR DIRECTORS, ADMINISTRATORS, EMPLOYEES, AGENTS, INDEPENDENT CONTENT SUPPLIERS, SPECIAL PARTNERS, MANDATARY SUPPLIERS OF LICENSE AND OTHER PERSONS WITH WHOM ANNA NEROZNAK IS BOUND OR HAS A BUSINESS RELATIONSHIP WITH (COLLECTIVELY THE “BENEFICIARIES”) DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL ANNA NEROZNAK AND ITS BENEFICIARIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY ANNA NEROZNAK OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WWW.FITOLIFE.COM WEBSITE, EVEN IF ANNA NEROZNAK OR ANY OF ITS BENEFICIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL ANNA NEROZNAK’S OR ITS BENEFICIARIES’ TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL ANNA NEROZNAK OR ITS BENEFICIARIES BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, PROTEINCO’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF ANNA NEROZNAK. YOU AGREE TO DEFEND AND HOLD HARMLESS ANNA NEROZNAK AND ITS AFFILIATES AGAINST ALL CLAIMS, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM OR CAUSED BY A BREACH OF THE FOREGOING AND YOUR USE OF THE PRESENT WEBSITE, INCLUDING ANY CLAIM FOR INTELLECTUAL PROPERTY INFRINGEMENT.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRIRATION OF THIS AGREEMENT.
Governing Law and Jurisdiction
This website is located in the Province of Quebec in Canada. The parties elect domicile in the judicial district of Montreal. The terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold Anna Neroznak harmless against all claims, damages or liability resulting from breach of the foregoing.
Changes to Terms
Anna Neroznak reserves the right, in its sole discretion, to change the Terms under which fitolife.com is offered. The most current version of the Terms will supersede all previous versions. Anna Neroznak encourages you to periodically review the Terms to stay informed of our updates.
Anna Neroznak welcomes your questions or comments regarding the Terms.
Email Address: email@example.com
Effective as of January, 2015