Updated as of Sep. 20th, 2022
By accessing Beauty With Fitness (the “Site”, “we”, “us”, or “our”) You agree to the terms set forth herein (the “Terms”). If you do not agree to these terms, please do not use the Site.
Privacy
By using the Site you also agree to the terms of our Privacy Policy which you can review by clicking here.
License and Access
Beauty With Fitness grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and ay services provided through the Site. You are not permitted to use the Site for commercial purposes, reproduce, duplicate, copy, or sell any Beauty With Fitness content.
All rights not expressly granted to you in these Terms are reserved and retained by Beauty With Fitness, its affiliates, licensors, publishers, rights holders or other content providers. Your permission or license to access and use the site will be terminated if you use the Site or its services in violation of these Terms.
Site Modification or Suspension
We reserve the right, at any time, to modify, discontinue, or temporarily pause (each a “Modification”) the Site or any service offered through the Site, with or without notice and we will not be held liable to you, or to any third party for any such Modification.
Age Restrictions
You must be over sixteen (16) years of age to use or register with the Site. Certain services offered on or through the Site may require you to be eighteen (18) years old, including purchasing products and entering into sweepstakes. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.
Intellectual Property
The Site and content on the site is our intellectual property or the intellectual property of a third party licensee and you are not permitted to use the Site or the content available on the Site in a manner that infringes upon those intellectual property rights. More specifically, unless explicitly authorized in these Terms or by the owner of the content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Copyright Complaints
If you believe your work has been copied in a way that constitutes copyright infringement, please reach out to our Copyright Agent at [email protected] or by postal mail at 8805 Brecksville Rd Ste 7 209, Brecksville, OH, 44141. Please provide the Copyright Agent with the following information regarding your claim:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your Comments Reviews and Other Content Posted:
You may have the opportunity to post comments, write reviews or provide other content on this Site (“Post Content”). If you choose to Post Content you are represent that you are the owner of the content, you post or that you have the rights to post it and by Posting Content you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, or digitally perform or display the content you post, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such content (in whole or in part), as modified by us in its sole discretion. You grant us, and anyone authorized by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate.
You acknowledge and agree that we and our partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any of your Posted Content and we are under no obligation to give credit or pay any compensation for your Posted Content.
Prohibited Content
We expressly prohibit Posting Content that is illegal, threatening, defamatory, obscene, infringes our intellectual property rights or third party intellectual property rights, violates law, bullies others, or otherwise harmful to third parties. You are prohibited from posting any content that consists software viruses, commercial solicitation, political campaigning, any form of “spam.” You prohibited from impersonating any person or entity, or otherwise misleading the public as to the origin of a comment or other content. We reserve the right (but not the obligation) to remove or edit content that violates these terms, but do not regularly review posted content. We have the right but not the obligation to oversee and edit or remove any activity or content. We claim no responsibility and assume no liability for any content posted by you or any third party.
Third Party Content
We do not warrant or assume any responsibility or liability for the actions, offers or content of third parties who may have advertisements or links on our Site. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE 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, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless, for any claims, liabilities, costs and expenses, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the services, (iii) your violation of these Terms , (iv) your infringement of any intellectual property or other third party proprietary right; and (v) any content you post on this Site.
Termination of Use
If you violate these terms, we may cancel or terminate your right to use the Site or any part of the Site at any time without notice to you. In the event of any such cancellation or termination, you will not be permitted to access the Site. If your right to use the Site is terminated, these Terms will remain in effect and we will be permitted to seek all remedies available to us under law or equity as may be appropriate under the circumstances.
Disputes, Choice of Law, and Jurisdiction
This Agreement, as well as the Beauty With Fitness and the Privacy Policy, is the complete and exclusive statement of the Agreement between Beauty With Fitness and you regarding the Site and the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Beauty With Fitness and you. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in New York, New York as provided in the Section titled “Arbitration” (below). Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to exclusive personal jurisdiction and venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that Beauty With Fitness agreement to arbitrate claims constitutes consideration for such waiver.
Notwithstanding Beauty With Fitness’s right to modify these Terms, Beauty With Fitness agrees that any such modification to the dispute or arbitration requirements in these Terms shall not apply to claims arising prior to the date of such modification.
Arbitration
Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not permitted by applicable law, the parties waive all rights to trial by jury and waive all right to commence or participate in any class action, consolidated, representative or class proceedings.
Contact Information
You may send us your questions or comments by email at: [email protected].
Beauty With Fitness
8805 Brecksville Rd Ste 7 209,
Brecksville, OH, 44141