EFFECTIVE STARTING JULY 12, 2016
- . This is a binding agreement. By using the
website landing page located at DAILYFITSPIRATION.COM
(the “Site”) you agree to abide by these Terms of Use, as they may be amended
by DAILYFITSPIRATION.COM (“DAILYFITSPIRATION.COM”) from time to
time in DAILYFITSPIRATION.COM’s
sole discretion. DAILYFITSPIRATION.COM
will post a notice on the Site any time these Terms of Use have been changed or
otherwise updated. It is your responsibility to review these Terms of Use
periodically, and if at any time you find these Terms of Use unacceptable, you
must immediately leave the Site and cease all use of the Services and the Site.
YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS
OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. DAILYFITSPIRATION.COM IS A WEBSITE
LANDING PAGE AND DOES NOT DIRECTLY SELL ANY PRODUCTS LISTED ON THE SITE.
2. PRIVACY
POLICY. DAILYFITSPIRATION.COM respects
your privacy and permits you to control the treatment of your personally
identifiable information. A complete statement of DAILYFITSPIRATION.COM’s current privacy policy can be found
on the Site. DAILYFITSPIRATION.COM’s
privacy policy is expressly incorporated into this Terms of Use by this
reference.
3. DAILYFITSPIRATION.COM’S INTELLECTUAL
PROPERTY. The Site may contain copyright material and other proprietary
information of DAILYFITSPIRATION.COM,
such as the text and content of the Site (“DAILYFITSPIRATION.COM’s
Intellectual Property”). The collection, arrangement, and assembly of all DAILYFITSPIRATION.COM Intellectual
Property on the Site is the exclusive property of DAILYFITSPIRATION.COM. Without limitation, all other
trademarks, product names, and company names on the Site are the property of
their respective owners.
4. COPYRIGHT INFRINGEMENT. DAILYFITSPIRATION.COM has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. DAILYFITSPIRATION.COM has adopted a policy that provides for the immediate suspension of the Site if the Site is found to have infringed on the rights of a third party, or otherwise violated any intellectual property laws or regulations. DAILYFITSPIRATION.COM’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want DAILYFITSPIRATION.COM to delete, edit, or disable the material in question, you must provide DAILYFITSPIRATION.COM with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DAILYFITSPIRATION.COM to locate the material; (d) information reasonably sufficient to permit DAILYFITSPIRATION.COMto contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to DAILYFITSPIRATION.COM.
- .DAILYFITSPIRATION.COM
HEREBY DISCLAIMS ALL WARRANTIES. DAILYFITSPIRATION.COMIS MAKING THE SITE
AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND
ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE THE SITE AND ANY PRODUCTS
ORDERED FROM THIRD PARTY WEBSITES LINKED TO THE SITE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, DAILYFITSPIRATION.COMEXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND
PRODUCTS PURCHASED FROM THIRD PARTY WEBSITES LINKED TO THE SITE, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. ED-PROTOCOL DOES NOT WARRANT THAT THE
SITE OR PRODUCTS PURCHASED FROM THIRD PARTY WEBSITES LINKED TO THE SITE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS.
6. LIMITED
LIABILITY. DAILYFITSPIRATION.COM’S
LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, IN NO EVENT SHALL DAILYFITSPIRATION.COMBE
LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF
THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR
USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, OR PRODUCTS PURCHASED FROM
THIRD PARTY WEBSITES LINKED TO THE SITE. This limitation shall apply regardless
of whether the damages arise out of breach of contract, tort, or any other
legal theory or form of action.
7. NO MEDICAL
SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP. The content on the Site
is provided for information purposes only, and such content is not intended to
be used as, does not constitute, and should not be interpreted as medical
advice. Any content on the Site should not be relied upon for medical advice or
to prevent, diagnose, or treat a medical or health condition. Consequently, no
doctor-patient relationship is formed by your use of the Site or the products
purchased from third party websites linked to the Site. You should consult a
qualified medical professional if you require medical advice.
8. THIRD PARTY
SERVICES. DAILYFITSPIRATION.COM
may offer Services, in whole or in part, by third parties, such as
ClickBank.com (“Third Party Services” provided by “Third Party Service
Providers”). To use any such Third Party Services, you may be required to agree
to additional terms and conditions of Third Party Service Providers. The terms
and conditions of any Third Party Service Providers will apply to your use of
any Third Party Services or to your visit to any Third Party Service Provider
website. YOU SHOULD REVIEW THE TERMS OF USE AND PRIVACY POLICY OF ANY THRID
PARTY SERVICE PROVIDER.
9. THIRD PARTY
WEBSITES. The Site provides links to many websites of third parties, such
as ClickBank.com (“Third Party Websites”). DAILYFITSPIRATION.COM
has no control over, and no liability for any Third Party Websites or materials
on such sites. Because neither DAILYFITSPIRATION.COM
nor the Site has control over the content and performance of Third Party
Websites, DAILYFITSPIRATION.COM
makes no guarantees about the accuracy, currency, content, or quality of the information
provided by such sites, and DAILYFITSPIRATION.COM
assumes no responsibility for unintended, objectionable, inaccurate,
misleading, or unlawful content that may reside on those sites.
10. INDEMNITY.
You agree to indemnify, defend, and hold harmlessDAILYFITSPIRATION.COM, its affiliates, officers, directors,
employees, consultants, agents, and representatives from any and all third
party claims, losses, liability, damages, and/or costs (including reasonable
attorney fees and costs) arising from your access to or use of the Site and
products purchased from third party websites linked to the Site, as well as
your violation of these Terms of Use or your infringement of any intellectual
property or other right of any person or entity. DAILYFITSPIRATION.COM will notify you promptly of any such
claim, loss, liability, or demand, and will provide you with reasonable
assistance, at your expense, in defending any such claim, loss, liability,
damage, or cost.
11. GOVERNING
LAW. These Terms of Use shall be construed in accordance with and governed
by the laws of the Lviv Oblast, Ukraine, without reference to their rules
regarding conflicts of law. You hereby irrevocably consent to the exclusive
jurisdiction of Lviv Oblast, Ukraine in all disputes arising out of or related
to the use of the Site or products purchased from third party websites linked
to the Site.
12. SEVERABILITY;
WAIVER. If, for whatever reason, a court of competent jurisdiction finds
any term or condition in these Terms of Use to be unenforceable, all other
terms and conditions will remain unaffected and in full force and effect. No
waiver of any breach of any provision of these Terms of Use shall constitute a
waiver of any prior, concurrent, or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless made in writing and
signed by an authorized representative of the waiving party.
13. NO LICENSE.
Nothing contained on the Site should be understood as granting you a license to
use any of the trademarks, service marks, or logos owned by DAILYFITSPIRATION.COM or by any third
party.
14. MODIFICATIONS.
DAILYFITSPIRATION.COM may, in its
sole discretion and without prior notice, (a) revise these Terms of Use; (b)
modify the Site; and (c) discontinue the Site at any time. DAILYFITSPIRATION.COM shall post any
revision to these Terms of Use to the Site, and the revision shall be effective
immediately on such posting. You agree to review these Terms of Use and other
online policies posted on the Site periodically to be aware of any revisions.
You agree that, by continuing to use or access the Site following notice of any
revision, you shall abide by any such revision.
15. ACKNOWLEDGEMENT. BY USING THE SITE, ACCESSING ANY INFORMATION PROVIDED ON THE SITE, OR USING PRODUCTS PURCHASED FROM THIRD PARTY WEBSITES LINKED TO THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.