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Terms
of Use
AGREEMENT
BETWEEN USER AND BFLcoach.com, bodyforlifecoach.com.
BFLcoach.com
can also be accessed from bodyforlifecoach.com. Update: As of
December 2006 BFLcoach.com is redirecting permanently to
bodyforlifecoach.com. References to BFLcoach.com herein apply
equally to bodyforlifecoach.com and vice versa.
The
BFLcoach.com Web Site is comprised of various Web pages operated by
BFLcoach.com.
The BFLcoach.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 BFLcoach.com Web Site constitutes your
agreement to all such terms, conditions, and notices.
By
agreeing to these terms you are also agreeing to the BFLcoach.com Privacy
Policy contained in this website.
MODIFICATION OF THESE TERMS OF USE
BFLcoach.com reserves the right to change the terms,
conditions, and notices under which the BFLcoach.com Web Site is offered,
including but not limited to the charges associated with the use of the
BFLcoach.com Web Site.
LINKS TO THIRD PARTY SITES
The BFLcoach.com Web Site may contain links to other Web
Sites ("Linked Sites").
The
Linked Sites are not under the control of BFLcoach.com and BFLcoach.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. BFLcoach.com is not responsible for webcasting or any other form of
transmission received from any Linked Site. BFLcoach.com is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by BFLcoach.com of the site or any association with its
operators.
Refund
Policy
Requests for refunds will be honored for up to 7 days after
initial purchase.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BFLcoach.com Web Site, you
warrant to BFLcoach.com that you will not use the BFLcoach.com Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the BFLcoach.com Web Site in any manner which could damage,
disable, overburden, or impair the BFLcoach.com Web Site or interfere with any
other party's use and enjoyment of the BFLcoach.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 BFLcoach.com Web
Sites. Those who choose to access
BFLcoach.com from a jurisdiction outside of the BFLcoach.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 BFLcoach.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:
-
Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights of privacy and publicity)
of others.
-
Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
-
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.
-
Upload files that contain viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer.
-
Advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication Service
specifically allows such messages.
-
Conduct or forward surveys, contests,
pyramid schemes or chain letters.
-
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.
-
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.
-
Restrict or inhibit any other user
from using and enjoying the Communication Services.
-
Violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service.
-
Harvest or otherwise collect
information about others, including e-mail addresses, without their consent.
-
Violate any applicable laws or
regulations.
BFLcoach.com has no obligation to
monitor the Communication Services. However, BFLcoach.com reserves the right to
review materials posted to a Communication Service and to remove any materials
in its sole discretion. BFLcoach.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.
BFLcoach.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
BFLcoach.com's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service.
BFLcoach.com does not control or endorse the content, messages or information
found in any Communication Service and, therefore, BFLcoach.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 BFLcoach.com spokespersons, and their
views do not necessarily reflect those of BFLcoach.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 BFLcoach.com OR POSTED AT ANY BFLcoach.com WEB SITE
BFLcoach.com does not claim ownership of the
materials you provide to BFLcoach.com (including feedback and suggestions) or
post, upload, input or submit to any BFLcoach.com Web Site or its associated
services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
BFLcoach.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. BFLcoach.com is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
BFLcoach.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
BFLcoach.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE
INFORMATION
HEREIN. BFLcoach.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE BFLcoach.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BFLcoach.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.
BFLcoach.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 BFLcoach.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. BFLcoach.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 BFLcoach.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 BFLcoach.com WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE BFLcoach.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
BFLcoach.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BFLcoach.com
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF BFLcoach.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 BFLcoach.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BFLcoach.com WEB SITE.
Furthermore, you agree to defend,
indemnify, and hold harmless BFLcoach.com, the owners of BFLcoach.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 BFLcoach.com or
your breach of any of the terms of this agreement.
SERVICE CONTACT : admin @ bodyforlifecoach.com
- Morgan Systems
Consulting Ltd.
-
2B - 1500 Alberni Street
-
Vancouver, BC
- V6G 3C9
TERMINATION/ACCESS RESTRICTION
BFLcoach.com
reserves the right, in its sole discretion, to terminate your access to the
BFLcoach.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 BFLcoach.com Web
Site. Use of the BFLcoach.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
BFLcoach.com as a result of this agreement or use of the BFLcoach.com Web Site.
BFLcoach.com's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of
BFLcoach.com's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the BFLcoach.com Web Site or
information provided to or gathered by BFLcoach.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 BFLcoach.com with respect to the BFLcoach.com Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and BFLcoach.com with respect to
the BFLcoach.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 BFLcoach.com Web Site are:
Copyright © 2004 BFLcoach.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 BFLcoach.com
with the information specified below in an email addressed to
admin @ bodyforlifecoach.com with the subject line 'Copyright Complaint':
-
A description of the
material that you claim has been infringed upon and details of what precisely
constitutes the infringement;
-
A description of where
the material is located on BFLcoach.com;
-
Your address,
telephone number, and e-mail address;
-
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;
-
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;
-
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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