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BFL Buddy Boards Terms of Use
AGREEMENT
BETWEEN USER AND BFLbuddy.com
The BFLbuddy.com Web Site is comprised of various
Web pages operated by BFLbuddy.com. BFLbuddy.com is a free service
offered by BFLcoach.com. The BFL Buddy Boards appear at
www.BFLbuddy.com as well as on the Community Page at
www.BFLcoach.com.
The BFLbuddy.com Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the BFLbuddy.com Web Site constitutes your
agreement to all such terms, conditions, and notices.
By
agreeing to these terms you are also agreeing to the BFLbuddy.com Privacy
Policy contained in this website.
MODIFICATION OF THESE TERMS OF USE
BFLbuddy.com reserves the right to change the terms,
conditions, and notices under which the BFLbuddy.com Web Site is offered,
including but not limited to the charges associated with the use of the
BFLbuddy.com Web Site.
LINKS TO THIRD PARTY SITES
The BFLbuddy.com Web Site may contain links to other Web
Sites ("Linked Sites"). The
Linked Sites are not under the control of BFLbuddy.com and BFLbuddy.com is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. BFLbuddy.com is not responsible for webcasting or any other form of
transmission received from any Linked Site. BFLbuddy.com is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by BFLbuddy.com of the site or any association with its
operators.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BFLbuddy.com Web Site, you
warrant to BFLbuddy.com that you will not use the BFLbuddy.com Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the BFLbuddy.com Web Site in any manner which could damage,
disable, overburden, or impair the BFLbuddy.com Web Site or interfere with any
other party's use and enjoyment of the BFLbuddy.com Web Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the BFLbuddy.com Web
Sites. Those who choose to access
BFLbuddy.com from a jurisdiction outside of the BFLbuddy.com’s home
jurisdiction do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
USE OF COMMUNICATION SERVICES
The BFLbuddy.com Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not:
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Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
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Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information.
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Upload files that
contain software or other material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents.
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Upload files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer.
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Advertise or offer to
sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
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Conduct or forward
surveys, contests, pyramid schemes or chain letters.
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Download any file posted
by another user of a Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner.
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Falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded.
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Restrict or inhibit any
other user from using and enjoying the Communication Services.
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Violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service.
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Harvest or otherwise
collect information about others, including e-mail addresses, without their
consent.
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Violate any applicable
laws or regulations.
BFLbuddy.com has no
obligation to monitor the Communication Services. However, BFLbuddy.com
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. BFLbuddy.com reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
BFLbuddy.com reserves the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in
BFLbuddy.com's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service.
BFLbuddy.com does not control or endorse the content, messages or information
found in any Communication Service and, therefore, BFLbuddy.com specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized BFLbuddy.com spokespersons, and their
views do not necessarily reflect those of BFLbuddy.com.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
MATERIALS
PROVIDED TO BFLbuddy.com OR POSTED AT ANY BFLbuddy.com or BFLcoach.com WEB
SITE
BFLbuddy.com does not claim ownership of the
materials you provide to BFLbuddy.com (including feedback and suggestions) or
post, upload, input or submit to any BFLbuddy.com Web Site or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
BFLbuddy.com, its affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. BFLbuddy.com is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
BFLbuddy.com's sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY
DISCLAIMER
THE
INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
BFLbuddy.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE
INFORMATION
HEREIN. BFLbuddy.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE BFLbuddy.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BFLbuddy.com
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
BFLbuddy.com AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE
INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BFLbuddy.com
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH
INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. BFLbuddy.com AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL BFLbuddy.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, COMPUTER VIRUSES, OR BODILY INJURY ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE BFLbuddy.com WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE BFLbuddy.com WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
BFLbuddy.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BFLbuddy.com
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF BFLbuddy.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE BFLbuddy.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BFLbuddy.com WEB SITE.
Furthermore, you agree to
defend, indemnify, and hold harmless BFLbuddy.com, the owners of BFLbuddy.com
and its officers, directors, employees, and agents from and against any claims,
actions, or demands, including without limitation reasonable accounting and
legal fees, alleging, related to, or resulting from your use of BFLbuddy.com or
your breach of any of the terms of this agreement.
SERVICE CONTACT : admin @ bodyforlifecoach.com
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TERMINATION/ACCESS RESTRICTION
BFLbuddy.com
reserves the right, in its sole discretion, to terminate your access to the
BFLbuddy.com Web Site and the related services or any portion thereof at any
time, without notice.
GENERAL
To
the maximum extent permitted by law, this agreement is governed by the laws of
the
Province
of
British Columbia
,
Canada
and you hereby consent to the
exclusive jurisdiction and venue of courts in
Vancouver
,
British Columbia
,
Canada
in all disputes arising out of or relating to the use of the BFLbuddy.com Web
Site. Use of the BFLbuddy.com Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
BFLbuddy.com as a result of this agreement or use of the BFLbuddy.com Web Site.
BFLbuddy.com's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of
BFLbuddy.com's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the BFLbuddy.com Web Site or
information provided to or gathered by BFLbuddy.com with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and BFLbuddy.com with respect to the BFLbuddy.com Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and BFLbuddy.com with respect to
the BFLbuddy.com Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
in English.
COPYRIGHT AND
TRADEMARK NOTICES
All contents of the BFLbuddy.com Web Site are:
Copyright © 2005 BFLbuddy.com and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products
mentioned herein may be the trademarks of their respective owners.
Any example companies, organizations, products, people and
events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe
you have a valid copyright infringement complaint, please provide BFLbuddy.com
with the information specified below in an email addressed to admin @ bodyforlifecoach.com
with the subject line 'Copyright Complaint':
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A
description of the material that you claim has been infringed upon and details
of what precisely constitutes the infringement;
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A
description of where the material is located on BFLbuddy.com;
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Your
address, telephone number, and e-mail address;
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A
statement made by you that you believe in good faith that the disputed use of
the material is not authorized by the
copyright owner, its agent, or the law;
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Your
submission should contain an electronic or physical signature of the person who
is authorized to act on behalf of the owner of the copyright interest;
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A
statement by you, made under penalty of perjury, that the information you are
supplying above is accurate and that you are the copyright owner or that you
are authorized to act on the copyright owner's behalf.
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