Web Site Agreement
The SlimmingYoga.com Web Site
(the "Site") is an online information service provided by
Profits Run Evolution ("SlimmingYoga.com "), subject to your
absolute compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE, FAILURE TO DO SO IS NOT AN EXCUSE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO
BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE.
SlimmingYoga.com Profits Run
Evolution MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND
YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR ABSOLUTE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the
Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks is Profits
Run Evolution, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You can print and download portions of material
from the different areas of the Site solely for your own
non-commercial use as long as you agree not to change or
delete any copyright or proprietary notices on or in the
materials. You agree to grant to SlimmingYoga.com a
non-exclusive, royalty-free, worldwide, perpetual license,
with the right to create derivative works of, sub-license,
reproduce, distribute, transmit or publicly display and
publicly perform any materials and other information
(including, without limitation, ideas contained therein for
new or improved products and services if you post them) you
submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to
SlimmingYoga.com by all means and in any media now known or
hereafter developed. You also grant to SlimmingYoga.com the
right to use your name in connection with the submitted
materials and other information as well as in connection
with all advertising, marketing and promotional material
related thereto, yes you may become a "poster child". You
agree that you shall have no recourse against
SlimmingYoga.com for any alleged or actual infringement or
misappropriation of any proprietary right in your
communications to SlimmingYoga.com and that you will pay all
attorney and/or other fees for both parties in arbitrating
your dispute, if any.
TRADEMARKS.
Publications, products,
content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of Profits Run
Evolution. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except
for information, products or services clearly identified as
being supplied by Profits Run Evolution. Profits Run
Evolution does not operate, control or endorse any
information, products or services on the Internet in any
way. Except for SlimmingYoga.com - identified information,
products or services, all information, products and services
offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with
Profits Run Evolution. You also understand that Profits Run
Evolution cannot and does not guarantee or warrant that
files available for downloading through the Site will be
free of infection or viruses, worms, Trojan horses or other
malicious code. You are responsible for implementing your
own sufficient procedures and checkpoints to satisfy your
particular desires for accuracy of data input and output,
viral or spyware scanning, and for maintaining a means
external to the Site for the reconstruction of any lost data
(in other words a back up of your computer data).
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. Profits Run Evolution PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Profits Run Evolution SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. Profits Run Evolution DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED NOW OR EVER.
YOU UNDERSTAND THAT THE
POSSIBILITY EXISTS WHILE SURFING THE INTERNET YOU MAY
ENCOUNTER UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU PERSONALLY. YOUR ACCESS
TO SUCH MATERIALS IS AT YOUR RISK AND YOU AGREE THAT YOU
ACCESSED IT OF YOUR OWN FREE WILL. Profits Run Evolution HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY.
Profits Run Evolution WILL NOT
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF Profits Run Evolution OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, Profits Run Evolution
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
Profits Run Evolution makes no
representations whatsoever about any other web site which
you may access through this one or which may link or be
linked to this Site. When you access a non-Profits Run
Evolution web site, please understand that it is independent
from SlimmingYoga.com and Profits Run Evolution, and that
Profits Run Evolution has no control over the content on
that web site. In addition, a link to a SlimmingYoga.com web
site does not mean that Profits Run Evolution endorses or
accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend
and hold harmless Profits Run Evolution, its officers,
directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by
you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2
(Use of the Service), and 3 (Indemnification) are for the
benefit of Profits Run Evolution and its officers,
directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of
these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own
behalf.
4. Term; Termination
This Agreement may be
terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be
governed and construed in accordance with the laws of New
York, USA applicable to agreements made and to be performed
in New York, USA. You agree that any legal action or
proceeding between Profits Run Evolution and you for any
purposes concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in
New York, USA . Any cause of action or claim you may have
with respect to the Service must be commenced within three
(3) months after the claim or cause of action arises or such
claim or cause of action is by your own admission void.
Profits Run Evolution's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this
Agreement. Profits Run Evolution may assign its rights and
duties under this Agreement to any party at any time without
notice to you and you agree that you are in agreement that
that is acceptable to you.
Any rights not expressly
granted herein are reserved.
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