TERMS AND CONDITIONS
OF USE
We have taken every effort to design our Web site to be useful,
informative,
helpful, honest and fun. Hopefully we've accomplished that -
and would ask
that you let us know if you'd like to see improvements or
changes that would
make it even easier for you to find the information
you need and want.
All we ask is that you agree to abide by the following
Terms and Conditions.
Take a few minutes to look them over because by
using our site you
automatically agree to them. Naturally, if you don't
agree, please do not
use the site. We reserve the right to make any
modifications that we deem
necessary at any time. Please continue to check
these terms to see what
those changes may be! Your continued use of the
funfitandfeisty.com Web
site means that you accept those
changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our
Online Materials
All Online Materials on the funfitandfeisty.com site,
including,
without limitation, text, software, names, logos, trademarks,
service marks,
trade names, images, photos, illustrations, audio clips,
video clips, and
music are copyrighted intellectual property. All usage
rights are owned and
controlled by funfitandfeisty.com. You, the visitor,
may download
Online Materials for non-commercial, personal use only provided
you 1)
retain all copyright, trademark and propriety notices, 2) you make no
modifications to the materials, 3) you do not use the materials in a manner
that suggests an association with any of our products, services, events or
brands, and 4) you do not download quantities of materials to a database,
server, or personal computer for reuse for commercial purposes. You may
not,
however, copy, reproduce, republish, upload, post, transmit or
distribute
Online Materials in any way or for any other purpose unless you
get our
written permission first. Neither may you add, delete, distort or
misrepresent any content on the funfitandfeisty.com site. Any attempts
to modify any Online Material, or to defeat or circumvent our security
features is prohibited.
Everything you download, any software, plus
all files, all images
incorporated in or generated by the software, and all
data accompanying it,
is considered licensed to you by funfitandfeisty.com
or third-party
licensors for your personal, non-commercial home use only. We
do not
transfer title of the software to you. That means that we retain full
and
complete title to the software and to all of the associated
intellectual-property rights. You're not allowed to redistribute or sell
the
material or to reverse-engineer, disassemble or otherwise convert it
to any
other form that people can use.
Submitting Your Online
Material to Us
All remarks, suggestions, ideas, graphics, comments, or
other information
that you send to funfitandfeisty.com through our site
(other than
information we promise to protect under our privacy policy
becomes and
remains our property, even if this agreement is later
terminated.
That means that we don't have to treat any such submission as
confidential.
You can't sue us for using ideas you submit. If we use them,
or anything
like them, we don't have to pay you or anyone else for them. We
will have
the exclusive ownership of all present and future rights to
submissions of
any kind. We can use them for any purpose we deem appropriate
to our
funfitandfeisty.com mission, without compensating you or anyone else
for them.
You acknowledge that you are responsible for any submission
you make. This
means that you (and not we) have full responsibility for the
message,
including its legality, reliability, appropriateness, originality,
and
copyright.
Limitation of Liability
funfitandfeisty.com
WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM
YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO)
DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE
TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE
MANNER YOU EXPECTED OR DESIRED ERROR
ON OUR SITE OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE DELAY IN
OPERATION OR TRANSMISSION OF OUR SITE COMPUTER
VIRUS OR LINE FAILURE PLEASE
NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING: DAMAGES INTENDED TO
COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY DAMAGES REASONABLY EXPECTED
TO RESULT FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND
EXPENSES RESULTING DIRECTLY FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"INCIDENTIAL DAMAGES.") WE ARE NOT
LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR
IF OUR AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT
OR EXCLUDE LIABILITY
FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES.
IF YOU LIVE IN ONE OF
THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT
APPLY WHICH WOULD
MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES
OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED
UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE
OR
OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY)
WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR
SITE.
Links to Other Site
We sometimes provide referrals to and
links to other World Wide Web sites
from our site. Such a link should not be
seen as an endorsement, approval or
agreement with any information or
resources offered at sites you can access
through our site. If in doubt,
always check the Uniform Resource Locator
(URL) address provided in your WWW
browser to see if you are still in a
funfitandfeisty.com-operated site or
have moved to another site.
funfitandfeisty.com is not responsible for the
content or practices of
third party sites that may be linked to our site.
When
funfitandfeisty.com provides links or references to other Web sites, no
inference or assumption should be made and no representation should be
inferred that funfitandfeisty.com is connected with, operates or
controls these Web sites. Any approved link must not represent in any way,
either explicitly or by implication, that you have received the
endorsement,
sponsorship or support of any funfitandfeisty.com site or
endorsement,
sponsorship or support of funfitandfeisty.com, including its
respective
employees, agents or directors.
Termination of This
Agreement
This agreement is effective until terminated by either party.
You may
terminate this agreement at any time, by destroying all materials
obtained
from all funfitandfeisty.com Web site, along with all related
documentation and all copies and installations. funfitandfeisty.com may
terminate this agreement at any time and without notice to you, if, in its
sole judgment, you breach any term or condition of this agreement. Upon
termination, you must destroy all materials. In addition, by providing
material on our Web site, we do not in any way promise that the materials
will remain available to you. And funfitandfeisty.com is entitled to
terminate all or any part of any of its Web site without notice to
you.
Jurisdiction and Other Points to Consider
If you use our site
from locations outside of the United States, you are
responsible for
compliance with any applicable local laws.
To the extent you have in any
manner violated or threatened to violate
funfitandfeisty.com and/or its
affiliates' intellectual property
rights, funfitandfeisty.com and/or its
affiliates may seek injunctive
or other appropriate relief in any state or
federal court, and you consent
to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a
dispute arises under this agreement, we agree to first try to resolve
it
with the help of a mutually agreed-upon mediator from our State or
location.
Any costs and fees other than attorney fees associated with the
mediation
will be shared equally by each of us.
If it proves impossible to arrive
at a mutually satisfactory solution
through mediation, we agree to submit
the dispute to binding arbitration in
our State or location, under the rules
of the American Arbitration
Association. Judgment upon the award rendered by
the arbitration may be
entered in any court with jurisdiction to do
so.
funfitandfeisty.com may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and without
notice
to you. This is the ENTIRE agreement regarding all the matters
that have
been discussed.