Welcome to ExerciseNutritionHub.com
Rocky Mountain Fitness Center, Inc., owners of ExerciseNutritionHub.com (the “Website” or "Site"), requires consideration for and as a condition of allowing you access.
Users, visitors, viewers, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors", "You" or "Your”, are parties to this agreement. The Website and its owners and/or operators are parties to this agreement, herein referred to as “Website”, "Site", “ExerciseNutritionHub.com”, "Our", "We" or "Us".
Unless otherwise specified, ExerciseNutritionHub.com is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on the Website by you and by those you authorize or allow to use, or provide access to, the Website, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Website resides or is accessible.
Upon setting up an account with this Website, you are acknowledging that you are a real person and will not impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity, or when using Website.
You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the services of Exercisenutritionhub.com, and will immediately notify us if you learn of, or suspect a security breach, or any illegal activity in connection with our Site.
All persons under the age of 18 are denied access to ExerciseNutritionHub.com and we do not knowingly collect personally identifiable information from users under the age of 18. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with ExerciseNutritionHub.com or its contents in any manner, or submitting any personal identifiable information to us. ExerciseNutritionHub.com specifically denies access to any individual that is covered by the child online privacy act (copa) of 1998.
NOTE TO INTERNATIONAL USERS
ExerciseNutritionHub.com is hosted in the United States and intended for and directed to users in the United States. If you are a user accessing this website from the European Union, Asia, Africa, Australia, or any other region of the world with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of this Website, which is governed by United States law, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by United States law for these purposes. If you live outside the United States and choose to access, visit and/or use our Website, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that our Website, or any merchandise, products, services, and/or content available on or through the Website are appropriate, available, or legal in any particular geographic location.
INDEMNITY WAIVER, RELEASE, ASSUMPTION OF RISK
The owners of ExerciseNutritionHub.com recommend visitors consult with their physician before beginning any exercise program or physical activity that may be vigorous in nature. If visitors are under 18, pregnant, nursing or display other underlying health concerns, their physician should be consulted about any medical conditions. The content on ExerciseNutritionHub.com is provided for informational purposes only and is not intended in any way to be taken as professional medical advice. Visitors acknowledge that they are in good physical condition and are able to safely exercise and participate in physical activity.
Visitors must understand that participation in any form of exercise activity can involve risk and the possibility of physical injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death. When participating in exercise activities, visitors agree that participating in these activities involves risk and will assume any risk of injury and agree to release and discharge and hold harmless Rocky Mountain Fitness Center, Inc., owners of ExerciseNutritionHub.com, and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with participation in this or any exercise program including any injuries resulting there from.
PROHIBITIONS WHEN USING THIS WEBSITE
Visitors are strictly prohibited from posting, uploading, transmitting, sending or otherwise making available on or through the Website any content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers, including without limitation, touting or recommending any stocks or particular security, or investment strategy.
Visitors are not to post, upload, transmit, send or otherwise make available on or through the Website any content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, service providers, other users, and/or any third party.
Visitors shall not copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any content or features obtained on or through the Website, its networks, servers or databases, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the us or the Website.
Visitors shall not disrupt, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with the Website, including without limitation, any content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others’ access, visitation, and/or use of the Website, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, by using administrator passwords or by masquerading as an administrator while using the Website.
Visitors are not to use any bots, cheats, macros, scripts, or run any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Website, including without limitation to post, upload, transmit, send, or make available any prohibited content on or through the Website.
PROHIBITED USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an expressed written contract with this Website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast, copy, save, print, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, sell, or publish any portions of the content of this website. By viewing the contents of this website you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its contents, videos, databases, invisible pages, linked pages, or store any content, photos, images, text, music, audio, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or other intellectual property the site may contain, for any reason for any use whatsoever, except as permitted by the Copyright Act, or as expressly permitted in writing by the owners and administrators of this Website. Visitors agree to liquidated damages in the amount of U.S.$50,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by owners of the Website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (Website address) of this Website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the Site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.
PROHIBITIONS WHEN INTERACTING WITH OTHERS ON THE WEBSITE
Visitors are not permitted to stalk others on or through the Website, or using information obtained on or through the Website, or otherwise contact other users in the physical world without their permission using information obtained on or through the Website, or send any content that is, or depicts anyone engaged in any act deemed by us to be, pornographic, sexually explicit, indecent, or lewd, or engage in any form of “cyber-sex” (i.e., “virtual sex”) or “sexting” or solicit another to participate in “cyber-sex” or “sexting” on or through the Website.
Visitors will never be permitted to engage in personal attacks, use abusive language, or post, upload, transmit, send or otherwise make available on or through the Website any content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual or any group, on or through the Website.
Visitors are not to use any language that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law.
CAUTION: ANY ATTEMPT TO DO ANY OF THESE PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE WEBSITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The Website and its contents are owned or licensed by the Website, along with its parent company, Rocky Mountain Fitness Center, Inc. Material contained on the Website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of Website content for any reason is unlawful unless it is done with express contract or permission of the owners of the Website.
DISCLAIMER FOR CONTENTS OF SITE
ExerciseNutritionHub.com disclaims any responsibility for the accuracy of the content of this Website. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the Website, you have no right to rely on any information contained herein as accurate. The Website makes no such warranty.
Any Content posted, uploaded, transmitted, sent, or otherwise made available on or through the Website, including advice and opinions, are the views and responsibility of those who post any such content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any content posted, uploaded, transmitted, sent or otherwise made available on the Website, including content that violates this Agreement. Exercisenutritionhub.com does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Website, including without limitation, in our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, personal/job search and other classified ads, or elsewhere.
You acknowledge that we have not reviewed and do not necessarily endorse the content of sites, applications, destinations or services linked to, or accessible from this Website and are not responsible for the content or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination or service is at your sole risk.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The Website and its owners assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this Site, or banners or pop-ups or advertising displayed thereon, at their own risk.
Visitor downloads information from this Site at their own risk. Website makes no guarantee that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
As a Visitor and user of our Site, you shall ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use the Website does not disturb or interfere with our operation of our services, or impede or interfere with others’ access, visitation and/or use. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Website any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, or any of its content.
You agree that in the event you cause damage, which the Website is required to pay for, you, as a condition of viewing, promise to reimburse the Website for all.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with ExerciseNutritionHub.com, including banners, advertising, or pop-ups, downloads, and as a condition of the Website to allow lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
SUBMISSIONS AND USE OF CONTENT SUBMITTED BY YOU
Please be aware that content you disclose in publicly accessible portions of the Website may be available to other users, so you should be mindful of personally identifiable information and sensitive content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON THE SERVICE.
MODIFICATIONS, ADDITIONS AND DELETIONS
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or content available on or through, or downloadable from, the Website, including without limitation any content in your account/profile, or any of your messages, posts, or threads. This includes updates or upgrades to content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Website may not be consistent across all platforms, computers, or devices. If you do not refresh the Website after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that content may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.
COMMUNICATIONS TO YOU
Communications between you and us usually use electronic means, whether you access, visit or use the Website, send us messages, or whether we post notices on the Website or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
You understand and agree that joining the Website may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.
NOTICE OF CHANGE
TERMINATION OR SUSPENSION OF THE WEBSITE AND YOUR USE OF THE WEBSITE
We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Website, your account/profile, your ability to access, visit and/or use the Website or any portion thereof, and/or the agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit and/or use the Website or any portion thereof, and/or the agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.
Even if the Website, your ability to access, visit and/or use the Website or any portion thereof, and/or the agreement is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to remove any content, and therefore copies of all information with regard to your account/profile and/or content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Website, may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Website. All provisions of the agreement shall survive the termination or expiration of the agreement and/or your account/profile.
Visitors must understand and agree that various entities not affiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the Website via your computer, mobile or other device, including without limitation, equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and internet network providers and carriers, and sellers or providers of content for use with the Website (collectively, the “Mobile Participants”). We do not represent, warrant or guarantee that all portions of the Website, or the Website as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THIS AGREEMENT WHEN USING THE WEBSITE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We may have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the agreement is between us and you; the Mobile Participants are not parties to the agreement; (ii) the Mobile Participants and their parent, subsidiaries and affiliates are third party beneficiaries of the agreement and upon your acceptance of the terms and conditions of the agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Website on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant’s applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Website, or to furnish any maintenance or support services with respect to the Website; (v) in the event of any failure of the Website to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Website, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Website); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Website or your possession, access, visitation and/or use of the Website, including without limitation (a) product liability claims; (b) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Website or your possession, access, visitation and/or use of the Website, infringes such third party’s intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.
You agree that in the event of any dispute between us, you will first contact us and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
The Seller of this product is:
Rocky Mountain Fitness Center, Inc
Colorado Springs, Colorado USA
Contact Email: firstname.lastname@example.org. All Rights Reserved.