?> Terms of Use

Terms of Use

Terms of Use (updated as of November 1, 2012) Terms and Conditions of Sale PLEASE CAREFULLY READ THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE (collectively with any amendments hereto, "TERMS AND CONDITIONS"). BY USING THIS WEB SITE OR ANY WEB SITE OF ______________. AND/OR REGISTERING FOR ANY _____________. PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE OR _____________ PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE ____________________ PRODUCTS OR SERVICES.

Welcome to the Web site of _________________. (referred to herein as ___ or "us" or "we"), owner and operator of Balanced Training Boot Camp and BootCampCoach.com (the "Site"). These Terms and Conditions govern and apply to your ("you" or "your") access to and use of this Site and its related domains on which this document appears, any order you place or class you register for through the Site, and—as applicable—your use of other products or services of ____. You must read these Terms and Conditions carefully before registering for class or other service or using the Site. By using the Site, and/or registering for a class or other service through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not place an order or request for any product or service through or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of ___ after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to, and use of, the Site, any request for services you place through the Site, and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with ___ for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site.

User Conduct

You must only use the Site for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site. You may not without our prior written consent: 

copy, reproduce, use, or otherwise deal with any content on the Site;

modify, distribute, or re-post any content on the Site for any purpose;or use the content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree:

not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites; not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;

not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;

not to use, frame, or utilize framing techniques to enclose any ___ trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without ____ express written consent;

not to use meta tags or any other "hidden text" utilizing a ____ name, trademark, or product name without ____ express written consent;

not to deeplink to this Site without ____ express written consent;

not to create or use a false identity on this Site, share your account information, or allow any person besides yourself to use your account to access the Site;

not to collect or store personal data about others;

not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and

not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by ____.

In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

Privacy Policy

Users of this Site and/or other products or services of ____ should refer to ____ Privacy Policy for information about how ____ uses and collects information. You agree that ____ may disclose your personal information to a third party if ____ believes in good faith that the law or legal process requires it, to protect the rights or property of ___ or others, or as otherwise described in the Privacy Policy.

Content uploaded to the Site

In the event that you upload any photographs, comments, video clips, or other media to the Site (the "Uploaded Content"), ____ has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as ____ in its sole discretion sees fit without further consent or payment. ____ has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. ____has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. ____ may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at ____ sole discretion. ____ is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.

Changes to the Site

____ may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that ____shall not be liable therefore.

Linked Sites

_____makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of ____, and _____ is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by ____ of the site or any information contained therein. When leaving the Site, you should be aware that ____ Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Copyright and Trademarks

All Site materials, including, without limitation, all ____ trademarks, logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are owned by and are the exclusive property of ____________ including but not limited to copyrights and trademark rights. ALL RIGHTS RESERVED. ____or its suppliers or licensors own and retain other proprietary rights in all products and services available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ____ or the respective copyright owner. You may not, without the express written permission of ____or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of ____ or any third party.

Trademarks: Together with other logos and product names described on this Site, the following are trademarks or registered trademarks of ____: BALANCED TRAINING BOOT CAMP, BALANCED TRAINING BOOT CAMP and design, BOOT CAMP COACH, BTBC, the "dog tag" designs,". These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of ____ or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ____, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ____. Other names and brands may be claimed as the property of others.

Copyright Policy and Copyright Agent

It is ______ policy to respect the copyright and intellectual property rights of others. ____ may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, ____may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, ____complies with the Digital Millennium Copyright Act.

If you believe that ____or any user of our Site has infringed your copyright in any material way, please notify ____, and provide the following:

an identification of the intellectual property right claimed to have been infringed;

an identification of the material that you claim is infringing so that we may locate it 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 owner, their licensee, and agent of either of the foregoing, or the law; and

a statement by you that the above information in your notice is accurate, made under penalty of perjury, and

that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to: 

Indemnification

You agree to indemnify and hold harmless ___, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.

Order and Payment Information

If you use the Site or other means to purchase a product or register for a service, payment must be received by ___ prior to ____ acceptance of an order, unless otherwise agreed by ___. ___ may need to verify information you provide before ___ accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, ___ will refund any payment you made for the service that will not be provided to you or product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. ___ expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

___ reserves the right without prior notice to discontinue or change specifications and prices on products or services offered on and outside of the Site without incurring any obligation to you.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF ___ IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT FIB DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO ___ FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, FIB AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES ___ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.

ALTHOUGH ___STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, ____ DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, ___ DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. FIB DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW,

____DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms and Conditions.

Limitations on Liability

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ____ OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF FIB OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ____ LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 30 DAYS TO FIB FOR ANY SERVICES OFFERED OR PRODUCTS SUPPLIED BY FIB THROUGH YOUR USE OF THE SITE OR OTHERWISE.

FIB WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

The terms of this section survive any termination of the Terms and Conditions.

International Users

This Site is controlled, operated, and administered by FIB from its offices within the United States of America. FIB makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Termination

Notwithstanding any of these Terms and Conditions, FIB reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that FIB shall not be liable for any termination of your use of or access to the Site.

Third-party rights

Only you and FIB shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The terms of this section survive any termination of the Terms and Conditions.

Applicable Law and Venue

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in the Superior Court of Riverside County, California, or the United States District Court for the Central District of California, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions.

The terms of this section survive any termination of the Terms and Conditions.

General

The Terms and Conditions constitute the entire agreement between FIB and you with respect to your use of the Site, your purchase of products and services through the site, and as applicable any products or services of FIB. Any cause of action you may have with respect to the Site or FIB's products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by FIB to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and FIB, and you do not have any authority to create any obligation or make any representation on FIB's behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without FIB's written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and FIB and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

Other important terms

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

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