Website Terms of Use
Version 1.0
The fitnessandstyle website located at https//www.fitnessandstyle.com/ is a copyrighted work belonging to blogger. Certain features of the Site may be subject to fresh guidelines, terms, or rules, which will be posted on the point in connection with similar features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These terms of use describe the fairly binding terms and conditions that oversee your site. By logging into the site, you are being biddable with these terms, and you represent that you have the authority and capacity to enter into these terms. You should be at least 18 years of age to penetrate the site. However, don't log into and use the site, If you differ with all the provisions of these terms.
These terms bear the use of arbitration Section10.2 on an individual base to resolve controversies and also limit the remedies present to you in the event of a disagreement.
Access to the Site
Subject to these Terms. Company subventions you anon-transferable, non-exclusive, revocable, limited license to pierce the point solely for your own particular, commercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions(a) you shall not vend, rent, lease, transfer, assign, distribute, host, or else commercially exploit the point;(b) you shall not change, make secondary workshop of, disassemble, reverse collect or reverse mastermind any part of the point;(c) you shall not pierce the point in order to make An analogous or competitive website and(d) except as expressly stated herein, no part of the point may be copied, reproduced, distributed, edited, downloaded, displayed, posted or transmitted in any form or by any means unless else indicated, any unborn release, update, or other addition to functionality of the point shall be subject to these Terms. All brand and other personal notices on the point must be retained on all clones thereof.
Company deposits the right to change, suspend, or cease the point with or without notice to you. You approved that Company will not be held liable to you or any third- party for any change, interruption, or termination of the point or any part.
No Support or conservation. You agree that Company will have no obligation to give you with any support in connection with the point.
Banning any user Content that you may give, you are alive that all the intellectual property rights, including imprints, patents, trademarks, and trade secrets, in the point and its content are held by Company or Company's suppliers. Note that these Terms and access to the point do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section2.1. Company and its suppliers bespeak all appanages not granted in these Terms.
Third-Party Links & Ads; Other Users
Third- Party Links & announcements. The point may contain links to third- party websites and services, and/ or display adverts for third- parties. analogous Third- Party Links & announcements are not under the control of Company, and Company is not responsible for any Third- Party Links & announcements. Company provides access to these Third- Party Links & announcements only as a convenience to you, and does not review, authorize, cover, rotund, leave, or make any representations with respect to Third- Party Links & announcements. You use all Third- Party Links & announcements at your own trouble, and should apply a suitable position of caution and discretion in doing so. When you click on any of the Third- Party Links & announcements, the applicable third party's terms and programs apply, including the third party's insulation and data gathering practices.
Other Stoners. Each point user is solely responsible for any and all of its own user Content. Because we do not control user Content, you admit and agree that we are not responsible for any user Content, whether handed by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any similar interactions. However, we are under no obligation to come involved, If there is a disagreement between you and any point user.
You hereby release and ever discharge the Company and our officers, workers, agents, successors, and assigns from, and hereby waive and relinquish, each and every history, present and future disagreement, claim, disputation, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to,theSite.However, you hereby waive California civil law section 1542 in connection with the foregoing, which states" a general release does not extend to claims which the creditor does not know or suspect to live in his or her favor at the time of executing the release, If you are a California inhabitant.
Cookies and Web Beacons. Like any other website, fitnessandstyle uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third- party seller on our point. It also uses eyefuls, known as DART eyefuls, to serve advertisements to our point callers grounded upon their visit towww.website.com and other spots on the internet. still, callers may choose to decline the use of DART eyefuls by visiting the Google announcement and content network sequestration Policy at the following URL – https//policies.google.com/technologies/ads
Our Advertising mates. Some of advertisers on our point may use babes and web lights. Our advertising mates are listed below. Each of our advertising mates has their own insulation Policy for their programs on user data. For easier access, we hyperlinked to their insulation programs below.
Disclaimers
The point is handed on an" as- is" and" as available" base, and company and our suppliers expressly disclaim any and all guaranties and conditions of any kind, whether express, inferred, or statutory, including all guaranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, delicacy, or non-infringement. We and our suppliers make not guarantee that the point will meet your conditions, will be available on an continued, timely, secure, or error-free base, or will be accurate, dependable, free of contagions or other dangerous law, complete, legal, or safe. However, all similar guaranties are limited in duration to ninety( 90) days from the date of first use, If applicable law requires any guaranties with respect to the point.
Some authorities don't allow the rejection of inferred guaranties, so the below rejection may not apply to you. Some authorities don't allow limitations on how long an inferred bond lasts, so the below limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third- party for any misplaced gains, lost data, costs of procurement of cover products, or any circular, consequential, exemplary, incidental, special or corrective damages arising from or relating to these terms or your use of, or incapacity to use the point indeed if company has been advised of the possibility of similar damages. Access to and use of the point is at your own discretion and threat, and you'll be solely responsible for any damage to your device or computer system, or loss of data performing therefrom.
To the consummate set permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at each times be limited to aoutsideoffiftyU.S.bonesu.s.$ 50). The actuality of further than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some authorities don't allow the limitation or rejection of liability for incidental or consequential damages, so the below limitation or rejection may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the point. We may suspend or terminate your rights to use the point at any time for any reason at our sole discretion, including for any use of the point in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to pierce and use the point will terminate incontinently. You understand that any termination of your Account may involve omission of your stoner Content associated with your Account from our live databases. Company won't have any liability whatsoever to you for any termination of your rights under these Terms. Indeed after your rights under these Terms are terminated, the following vittles of these Terms will remain in effect Sections 2 through2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks that druggies of our point do the same. In connection with our point, we've espoused and enforced a policy esteeming brand law that provides for the junking of any infringing accoutrements and for the termination of druggies of our online point who are repeated infringers of intellectual property rights, includingcopyrights.However, through the use of our point, unlawfully infringing the brand( s) in a work, If you believe that one of our druggiesis.S.C.§ 512( c)) must be handed to our designated Brand Agent
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17U.S.C.§ 512( f), any misrepresentation of material fact in a written announcement automatically subjects the complaining party to liability for any damages, costs and attorney's freights incurred by us in connection with the written announcement and allegation of brand violation.
General
These Terms are subject to occasional modification, and if we make any substantial changes, we may notify you by transferring you ane-mail to the laste-mail address you handed to us and/ or by prominently posting notice of the changes on our point. You're responsible for furnishing us with your most currente-mail address. In the event that the laste-mail address that you have handed us isn't valid our dispatch of thee-mail containing similar notice will nevertheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the foremost of thirty( 30) timetable days following our dispatch of ane-mail notice to you or thirty( 30) timetable days following our advertisement of notice of the changes on our point. These changes will be effective incontinently for new druggies of our point. Continued use of our point following notice of similar changes shall indicate your acknowledgement of similar changes and agreement to be bound by the terms and conditions of similar changes. disagreement Resolution. Please read this Arbitration Agreement precisely. It's part of your contract with Company and affects your rights. It contains procedures for obligatory List ARBITRATION AND A CLASS ACTION WAIVER.
Connection of Arbitration Agreement. All claims and controversies in connection with the Terms or the use of any product or service handed by the Company that can not be resolved informally or in small claims court shall be resolved by binding arbitration on an individual base under the terms of this Arbitration Agreement. Unless else agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any accessories, cells, agents, workers, forerunners in interest, successors, and assigns, as well as all authorized or unauthorized druggies or heirs of services or goods handed under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Azadpur colony New Delhi 110033. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within in County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information
Email: gk790521@gmail.com
