2. Limited Right to Use
Individual Fitness is solely owns and operates this website. All materials on this website are considered property of Individual Fitness and are protected by copyright laws of the United States. Materials that are viewed, printed, and/or downloaded from this website are to be used only for personal use and may not be used for any commercial purposes. No materials may be copied, reproduced, modified, republished, uploaded, posted, distributed, or transmitted, without prior written consent from Individual Fitness. The use of such materials is strictly prohibited as such unauthorized use may violate copyright, trademark, or other laws.
All communications from you to this website, in the form of comments, questions, or general feedback, will be considered non-confidential and non-proprietary. You agree that any such communications will be deemed the property of Individual Fitness and shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such communications, for any purpose, without compensation to you. Individual Fitness may provide users with forums where they can post content to our website. Individual Fitness does not necessarily endorse, support, or agree with content posted by external users. You agree not to post any unlawful, abusive, offensive, sexually oriented, obscene, defamatory, harassing, profane, or otherwise indecent information of any kind, including without limitation any communications that would constitute a criminal offense, give rise to civil liability, or violate local, state, national, or international law, or infringe upon another organization’s copyright or trademark. You agree that you are solely responsible for the content of your communications and their legality under all laws.
4. Access to Password-Protected or Secured Areas
Access to and use of password-protected or secured areas of this Web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this Web site. 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. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this Web site. If you violate your obligations under this section, you may be subject to prosecution.
You agree to indemnify, defend, and hold Individual Fitness harmless from and against any and all third-party claims, liabilities, damages, losses, or expenses arising out of, based on, or in connection with your access and use of this website.
8. Limitation of Liability
In no circumstance shall Individual Fitness or its suppliers, partners, or affiliates, be liable for any direct, indirect, incidental, or consequential damages including, without limitation, lost revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website, damages resulting from the use of the information or materials presented on this website, whether based on warranty, contract, tort, or any other legal theory even if Individual Fitness or its suppliers, partners, or affiliates, have been advised of the possibility of such damages.
The website is provided by Individual Fitness on an “as available” basis. Individual Fitness makes no warranties of any kind, express or implied, as to the operation of this website, or the information, content, materials, or products included on this site. You agree that your use of this website is at your sole risk. You should not assume that the materials on this website are continuously updated or contains current information. Individual Fitness is not responsible for providing content or materials that have been expired or removed. To the full extent permissible by applicable law, Individual Fitness disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Individual Fitness does not warrant that this site, servers, or email sent from this domain are free of viruses or other harmful components. Individual Fitness will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, or consequential damages.
10. Applicable Laws
All matters relating to your access and use of this website shall be governed by the federal laws of the United States and the laws of the State of Vermont. Any action relating to your use and access of this website shall be brought exclusively in the federal and state courts located in Vermont and you expressly agree to be subject to the jurisdiction and venue of such courts.