Bonnie Pfiester’s Weblog

Disclaimer-Blog’s terms of use

Disclaimer-Blog’s terms of use

1 Introduction

1.1 These Terms and Conditions of Use set out the rights and obligations of users of the websites www.Afitnessconnection.com and Any Blogs or forums (“the Websites”) which are owned and operated by Afitnessconnection.com(Including third party blogs such as wordpress.com). In consideration of Afitnessconnection.com providing access to the Websites all use of the same by anyone accessing the Websites is subject to these Terms and Conditions of Use and all people accessing the Websites are deemed to understand and accept these Terms and Conditions of Use without limitation or qualification. If any person accessing the Websites does not accept these Terms and Conditions of Use, they should immediately desist from using the Websites.

1.2 Afitnessconnection.com reserves the right to vary these Terms and Conditions of Use from time to time. Such variations will take effect immediately upon the posting of the varied Terms and Conditions of Use upon the Websites. In continuing to use the Websites, any person accessing the Websites is deemed to accept such variations.

1.3 Afitnessconnection.com reserves the right to withdraw or modify any aspect of the Websites for whatever reason, whether legal, technical or otherwise.

2 Information, Accuracy and Availability

2.1 Whilst Afitnessconnection.com makes every effort to present accurate and reliable material and information on the Websites, it does not endorse, approve or certify any material and information on the Websites as true or accurate, nor does it guarantee the completeness, efficacy or timeliness of such material and information. Reference such as but not limited to any product, process or service does not constitute nor imply endorsement or recommendation from Afitnessconnection.com unless expressly stated. AccordinglyAfitnessconnection.com does not accept any liability arising from any inaccuracy or omission in the information provided or in relation to any such product, process or service.

2.2 Furthermore,Afitnessconnection.com makes no representations or warranties about the suitability of the information contained in the Websites for any purpose. Afitnessconnection.com hereby disclaims all warranties and conditions with regard to this information, including, to the extent enforceable, all warranties and conditions whether express, implied or statutory, of satisfactory quality, fitness for a particular purpose and non-infringement of third party rights.

2.3 Any persons accessing the Websites do so entirely at their own risk.

3 Links to Other Websites

3.1 At certain places on the Websites, hypertext links are provided to enable any person accessing the Websites to directly access other third party websites. These third party websites contain material or information created, published and maintained by organisations independent ofAfitnessconnection.com. Afitnessconnection.com does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites.

3.2 Afitnessconnection.com assumes no responsibility for any consequences resulting from the use of any material and information contained on the Websites or on any linked third party websites and expressly disclaims all liability for damage arising out of the use, reference to, reliance upon or performance due to such information.

4 Representations and Warranties

4.1 Persons accessing the Websites will not seek to amend anything on the Websites or include or create any link to the Websites without Afitnessconnection.com’s express written consent.

4.2 Persons accessing the Websites will not remove or change any copyright, trademark or other intellectual property notices contained on any material copied or printed off the Websites, or use such materials for a purpose not envisaged by these Terms and Conditions of Use.

4.3 Persons accessing the Websites must not seek to introduce any computer virus (including any variant or similar code or instructions) to the Websites, nor deliberately seek to prevent or hinder the Websites’ usual operations in any manner whatsoever.

4.4 Persons accessing the Websites will indemnify and hold harmless Afitnessconnection.com against all and any loss, damage or expense howsoever incurred by Afitnessconnection.com arising from any non observance by such person of any of these Terms and Conditions of Use. In addition and without prejudice to any other remedy that may be available to Afitnessconnection.com hereunder, in the event that any person accessing the Websites breaches any of these Terms and Conditions of Use they will as soon as practicable and at their own cost remedy any such breach.

5 Alerting Afitnessconnection.com

If persons accessing the Websites see anything on the Websites which appears to infringe these Terms and Conditions of Use, please contact Afitnessconnection.com or the blog author via email or the contact us button on the main page of the website.. It is expressly agreed that Afitnessconnection.com reserves the right at its sole discretion and at any time without notice to exclude any person from accessing the Websites including in circumstances where Afitnessconnection.com anticipates that any persons accessing the Websites will act other than in accordance with these Terms and Conditions of Use or establishes that such persons are acting or have acted other than in accordance with these Terms and Conditions of Use.

6 Intellectual Property & Use of the Websites

6.1 All patents, registered designs, registered trade marks and any applications for such registered rights, copyright, database rights, unregistered design rights, unregistered trade marks, trade or business names (including internet domain names) and all other rights of a similar nature or having equivalent or similar effect to any of the foregoing as in each case may exist in and relating to Afitnessconnection.com and the Websites anywhere in the world are owned by Afitnessconnection.com or third parties and will remain vested in them..

6.2 Persons accessing the Websites may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Websites’ content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any the Websites’ content except for your own personal, non-commercial use. Any other use of the Websites’ content requires the prior written permission of Afitnessconnection.com

6.3 Persons accessing the Websites agree to use the Websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Websites. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Websites.

6.4 Afitnessconnection.com neither warrants nor represents that any person’s use of the material displayed on the Websites will not infringe rights of third parties.

7 Limitation of liability

7.1 Afitnessconnection.com will not be liable to persons accessing the Websites or any third party for any direct, indirect or consequential loss or damage howsoever caused (whether arising out of any negligence or breach of these Terms and Conditions of Use or otherwise).

7.2 Afitnessconnection.com will not be liable for any failure to perform its obligations under these Terms and Conditions of Use caused by matters beyond its control, howsoever arising.

8 Non-excluded Liabilities

Nothing in these Terms and Conditions of Use limit Afitnessconnection.com’s liability for death or personal injury resulting fromAfitnessconnection.com’s negligence, or any other liability which may not be lawfully excluded.

9 Assignments

Afitnessconnection.com reserves the right to assign these Terms and Conditions of Use and to assign or subcontract all or any of their rights and obligations under these Terms and Conditions of Use. Persons accessing the Websites may not without the written consent of Afitnessconnection.com assign these Terms and Conditions of Use.

10 Contributions

10.1 Where you are invited to submit any contribution to the Websites you agree, by submitting your contribution, to grant Afitnessconnection.com a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our Privacy Policy set in paragraph. If you do not want to grant to Afitnessconnection.com the rights set out above, please do not submit your contribution to the Websites.

10.2 Further to paragraph 10.1, by submitting your contribution to either of the Websites, you warrant that your contribution:

· is your own original work and that you have the right to make it available to Afitnessconnection.com for all the purposes specified above;

· is not defamatory;

· does not infringe any law;and

· does not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, right of confidentiality, privacy, publicity, personal or proprietary rights.

and you indemnify Afitnessconnection.com against all legal fees, damages and other expenses that may be incurred by Endurance as a result of your breach of the above warranties, and waive any moral rights in your contribution for the purposes of its submission to and publication on the Websites and for the purposes specified above.

10.3 Afitnessconnection.com reserves the right to remove from and block contributions to the Websites which

· are likely to disrupt, provoke, attack or offend others

· are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable contain swear words or other language likely to offend

· Break the law or condone or encourage unlawful activity (this includes breach of copyright or right of confidentiality, defamation and contempt of court).

· advertise products or services for profit or gain

· are seen to impersonate someone else

· include contact details such as phone numbers, postal or email addresses

· are written in anything other than English

· contain links to other websites

· describe or encourage activities which could endanger the safety or well-being of others

· are considered to be ‘spam’, that is posts containing the same, or similar, message posted multiple times

10.4 If you breach these Terms of Use or otherwise engage in any disruptive behavior on the Websites, Afitnessconnection.com may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer or email provider about the infringement/s. Afitnessconnection.com reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

11 Entire Agreement

These Terms and Conditions of Use represent the whole agreement between persons accessing the Websites and Afitnessconnection.com concerning the Websites and they replace all earlier agreements and understandings between such persons andAfitnessconnection.com . Any person who is not a party to any agreement formed under these Terms and Conditions of Use has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions of Use.

12 Severability

In the event that any term of these Terms and Conditions of Use is held to be invalid or unenforceable by a court of appropriate jurisdiction, the remaining Terms and Conditions of Use shall remain valid and enforceable.

13 Law

These Terms and Conditions of Use shall be governed and construed in accordance with the law s of the United States of America and the state of Florida.

14 Language

In the event of any conflict or inconsistency between the terms of the English version of these Terms and Conditions of Use and any translation, whether provided by Afitnessconnection.com or otherwise, the English version of the Terms of Conditions of Use shall prevail.

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