Site Terms
Welcome to our website, http://www.fitforher.com (the "Site"). These terms of
use ("Site Terms") apply to your access to and use of our Site, and each of the
web pages on the Site, so please read them carefully. BY ACCESSING, BROWSING, AND
USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN
AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. Fit-for-Her reserves
the right to change or modify any of the terms and conditions contained in these
Site Terms or any policy or guideline incorporated by reference at any time and
from time to time in our sole discretion, and to determine whether and when any
such changes apply to both existing or future customers. If the Site Terms are changed,
we will post the new terms on the Site and change the version number and date posted
above accordingly. Any change or modification will be effective upon posting of
the revisions on the Site. IF YOU DO NOT AGREE TO THE TERMS OF ANY REVISION, DO
NOT CONTINUE TO USE THE SITE. Your continued access to and/or use of the Site following
posting of any change or modification will constitute your acceptance
of such change or modification.
Privacy Policy:
Fit-for-Her believes strongly in protecting user privacy and providing you notice
of information-collection and use practices. Therefore, Fit-for-Her has adopted
a
Privacy Policy
that you should refer to in order to fully understand how Fit-for-Her uses and
collects information.
Copyright:
All copyrighted and copyrightable materials on this Site, including, without limitation,
the Fit-for-Her logo(s), design, text, graphics, button icons, pictures and other
files, and the selection and arrangement thereof ("Materials"), are ALL RIGHTS RESERVED
Copyright © 2007 fitforher.com and/or its licensors. Except as expressly stated
herein, none of the Materials may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior express written permission of Fit-for-her or the respective
copyright owner. Permission is granted to display, copy, and download the Materials
on this Site only for the licensed uses set forth above; provided that, in connection
with any such use, you may not, without the prior express written permission of
Fit-for-Her or the respective copyright owner, (a) copy, publish, or post any
Materials on any computer network or broadcast or publications media, (b) modify
the Materials, or (c) remove or alter any copyright or other proprietary notices
contained in the Materials. This permission terminates automatically if you breach
any of these terms or conditions. Upon termination, you must immediately destroy
any downloaded or printed Materials.
Trademarks and Service Marks:
Fit-for-Her, the Fit-for-Her logo, and the products and/or services described
in this Site, including without limitation Fit-for-Her, fitforher.com, are
either trademarks or service marks of Fit-for-Her and/or its licensors, and may
not be copied, imitated or used, in whole or in part, without the prior written
permission of Fit-for-Her or the licensor owner of such marks. In addition, all
page headers, custom graphics, button icons, and scripts are service marks, trademarks,
may not be copied, imitated, or used, in whole or in part, without the prior express
written permission of Fit-for-Her. All other trademarks, registered trademarks,
product names and Fit-for-Her names or logos mentioned on the Site are the property
of their respective owners. Any rights not expressly granted herein are reserved.
Linking:
Third-Party Links. Fit-for-Her makes no claim or representation regarding, and
accepts no responsibility for, the quality, content, nature or reliability of sites
accessible by hyperlink from this Site, or of sites linking to this Site. The linked
sites are not under the control of Fit-for-Her and Fit-for-Her is not responsible
for the content of any linked site or any link contained in a linked site, or any
review, changes or updates to such sites. Fit-for-Her is providing these links
to you only as a convenience, and the inclusion of any link does not imply affiliation,
endorsement, or adoption by Fit-for-Her of the linked site, any information contained
therein, or any products referred to or distributed therein. When leaving the Site, you should be aware that Fit-for-Her's terms and policies no longer
govern, and, therefore, you should review the applicable terms and policies, including
privacy and data gathering practices, of the sites you visit.
Framing/Metatags:
You may not use, frame or utilize framing techniques to enclose any Fit-for-Her
trademark, logo or other proprietary information (including the images found at
this Site, the content of any text or the layout/design of any page or form contained
on a page) without Fit-for-Her's prior express written consent. Further, you may
not use any metatags or any other "hidden text" utilizing a Fit-for-Her name,
trademark, or product name without Fit-for-Her's prior express written consent.
Submissions:
You agree that any communications to Fit-for-Her are subject to Fit-for-Her's
Privacy Policy.
Information About Us:
Forward-Looking Statements. This Site, and any documents issued by Fit-for-Her
and available through this Site, may contain statements which constitute forward-looking
statements within the meaning of the U.S. Private Securities Litigation Reform Act
of 1995. Those statements can be identified by the use of words such as "believe,"
"expect," "plan," "may," "will," "should," "anticipate" or similar statements or
the negative of these words. Forward-looking statements include statements made
as to future operations, costs, capital expenditures, cash flow, improvements in
infrastructure, distribution and replenishment systems and operating efficiencies,
sales and earnings estimates or trends and expansion plans and projections. These
forward-looking statements are based on our current expectations. Known and unknown
internal and external risks and uncertainties may cause the actual results to be
materially different from those expressed in or implied by the forward-looking statements.
Fit-for-Her undertakes no obligation to update forward-looking statements to reflect
events or circumstances that occur after the date the statements were made.
Press Releases: The information contained within press releases
issued by Fit-for-Her should not be deemed accurate or current except as of the
date the release was posted. Fit-for-Her has no intention of updating, and specifically
disclaims any duty to update the information in the press releases. To the extent
any information therein is forward-looking, it is intended to fit within all safe
harbors applicable to forward-looking statements, and is subject to material risk.
Disclaimers:
THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS," AS AVAILABLE
BASIS AND Fit-for-Her MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES AS TO THE OPERATION OF THIS SITE OR OTHER
LINKED-TO SITES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED
IN THIS SITE OR ACCESSED THROUGH THE SITE. NO STATEMENT BY Fit-for-Her, REGARDLESS
OF FORM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU EXPRESSLY AGREE
THAT USE OF THE SITE AND ALL CONTENT AND MATERIALS ACCESSED FROM OR THROUGH THE
SITE IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER:
Fit-for-Her DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT AS TO THE SITE AND ALL INFORMATION, MATERIALS, CONTENT, SERVICES
AND PRODUCTS ACCESSED THROUGH THE SITE. Fit-for-Her DOES NOT REPRESENT OR WARRANT
THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE SITE
OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
WHILE Fit-for-Her ATTEMPTS TO ENSURE YOUR ACCESS TO AND USE OF THE SITE IS SAFE,
Fit-for-Her CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S)
ARE SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability:
IN NO EVENT SHALL Fit-for-Her BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF
USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS
SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Fit-for-Her (WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE
OF THE SITE EXCEED $50.00 OR THE COMPENSATION YOU HAVE PAID IN THE LAST THREE (3) MONTHS, WHICHEVER IS LESS. Certain laws do not allow
limitations on implied warranties, or the exclusion or limitation of certain damages.
If these laws apply, some or all of the above disclaimers, exclusions, or limitations,
may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue:
These terms and conditions shall be governed by and construed in accordance with
the laws of the State of Florida applicable to agreements made and entirely to be
performed within the State of Florida, without resort to its conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to these
terms and conditions shall be filed only in state or federal court located in Florida,
and you hereby irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising out of these
terms and conditions.
Termination:
Notwithstanding any of these terms and conditions, Fit-for-Her reserves the right,
without notice and in its sole discretion, to terminate your license to use the
Site, and to block or prevent future access to and use of the Site and the Services.
Should you object to any terms and conditions of the Site or become dissatisfied
with the Service in any way, your only recourse is to immediately discontinue your
use of the Service.
Severability:
If any provision of these Site Terms shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these terms
and conditions and shall not affect the validity and enforceability of any remaining
provisions.
Enforcement:
Any unauthorized use of this Site will terminate the permission and license granted
by these Site Terms and may violate applicable law, including copyright laws, trademark
(including trade dress) laws, and communications regulations and statutes. All violators
may be prosecuted to the fullest extent of the law.