PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (“TACOU”) OF (Project639.com) (“SITE”). BY USING THIS SITE OR ANY WEBSITE OF Project639 (“COMPANY”) AND/OR PLACING AN ORDER FOR COMPANY’S PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THIS TACOU AND ANY AMENDMENTS. YOU MUST BE AT LEAST 13 YEARS OF AGE TO BE ELIGIBLE TO USE THIS SITE. IF YOU ARE BETWEEN AGES 13 TO 17, YOU MAY ONLY USE THIS SITE OR COMPANY’S PRODUCTS OR SERVICES WITH PERMISSION OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TACOU OR IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE THE SITE OR ORDER OR USE COMPANY’S PRODUCTS OR SERVICES.
Welcome
This TACOU governs and applies to your ("you" or "your") access to and use of this Site and its related domains on which this document appears, any order you place through the Site, and your use of Company’s products or services.
By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to the TACOU in its entirety. The TACOU may be changed in the future without further notice from time to time to comply with law or to meet Company’s changing business requirements without notice to you. Your continued use of the Site and/or Company’s Products after any such change signifies your acceptance of the new TACOU..
DISCLAIMER
This Site includes content related to exercise, health, fitness and nutrition; advice and/or recommendations found on the Website are intended for general informational and educational purposes only, and should not be relied upon as medical or healthcare advice. Company is not a licensed medical care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER MEDICAL PROFESSIONAL BEFORE STARTING AN EXERCISE PROGRAM OR DIET. COMPANY MAKES NO REPRESENTATIONS AND SPECIFICALLY DISCLAIMS ALL WARRANTIES REGARDING ANY AND ALL HEALTH, FITNESS, EXERCISE AND NUTRITION INFORMATION ON THE SITE.
When participating in any exercise program, there is a possibility of physical injury. If you engage in an exercise program, you agree that you are doing so at your own risk and voluntarily participating in these activities. You agree to release and discharge Company from any and all liability, claims and/or causes of action relating thereto. If it is unreasonably difficult or medically inadvisable for you to engage in activities found on the Site, DO NOT PARTICIPATE.
User Conduct
You may only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of Company or anyone else or that restricts or inhibits anyone else's enjoyment of the Site.
You may not without our prior written consent:
- copy, reproduce, or other wise use any content on the Site; or
- modify, distribute, or re-post any content on the Site for any purpose.
In using the Site, you further agree:
- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
- you will not upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
- you will not use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Company's express written consent;
- not to use meta tags or any other "hidden text" utilizing a Company name, trademark, or product name without Company's express written consent;
- not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.
Changes to the Site
Company may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, without any liability to you.
Linked Sites
Company is not responsible for the the quality, content, nature, or reliability of sites accessible by link from this Site, or sites linking to this Site. The inclusion of any link does not imply affiliation, endorsement, or adoption by Company of the site or any information contained on the site. When leaving the Site, you understand that Company's TACOU and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and datagathering practices, of that site.
Copyright and Trademarks
All Site materials and all Company product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 2012. ALL RIGHTS RESERVED. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means.
You may not, without the express written permission of Company 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; (c) remove or alter any copyright or other proprietary notices contained in the materials; (d) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (e) collect and use of any product listings or descriptions; (f) make derivative uses of the Site or its Content; or (e) use any data mining, robots, or similar data gathering or extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Company or any third party. Notwithstanding any of the above, instructors may use choreography for inspiration, or content development in their live classes.
Indemnification
You agree to indemnify and hold harmless Company, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these TACOU, or your violation of any rights of a third party.
Ordering Products
In ordering products through the Site or otherwise, you shall provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Company is registered to you. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the TACOU. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Company reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.
Warranties
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF COMPANY IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO COMPANY FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT. COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, COMPANY DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN.
Limitations on Liability
COMPANY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS TACOU, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF COMPANY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO COMPANY FOR ANY PRODUCTS SUPPLIED BY COMPANY THROUGH YOUR USE OF THE SITE OR OTHERWISE.
COMPANY WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS TACOU IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
International Users
This Site is controlled, operated, and administered by Company within the United States of America. Company makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
Termination
Company may at its discretion and without notice, for any reason or no reason, terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Company shall not be liable for any termination of your use of or access to the Site.
Third-party rights
No third party shall be entitled to enforce any portion of the TACOU.
Severability
If any provision of the TACOU shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the TACOU and shall not affect the validity and enforceability of any remaining provisions.
Applicable Law and Venue
The TACOU shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to the TACOU shall be filed only in the Superior Court of King County, Washington, 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 the TACOU and your use of Company’s Products.
General
The TACOU constitutes the entire agreement between Company and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of Company. Any cause of action you may have with respect to the Site or Company's products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Company to enforce or exercise any provision of the TACOU or related right shall not constitute a waiver of that right or provision. Nothing in the TACOU will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Company, and you do not have any authority to create any obligation or make any representation on Company's behalf. You may not assign or transfer any rights or obligations of the TACOU, by operation of law or otherwise, without Company's written consent. Subject to the foregoing, this TACOU will be binding on, inure to the benefit of, and be enforceable against you and Company and their respective successors and assigns.
Last updated and effective July 5, 2012
