This Page Was Last Modified On 11/18/2010
Terms of Service
These terms of service (these “Terms of Service”) govern your use of all websites owned and made available by Expertly Fit, LLC (“Expertly Fit”) including, without limitation, the website you are on now (collectively, the “Site”). Please read these Terms of Service carefully. By using the Site, you are confirming that you have read and understand, and agree to be bound by, these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site.
The Site and all content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the Expertly Fit word mark and the Expertly Fit design mark, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks, tradenames, service marks or logos (“Marks”) are owned by or licensed to Expertly Fit, LLC and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.
Your Use Of The Site And Content
You agree not to do any of the following while using the Site or Content:
- access, tamper with, or use non-public areas of the Site, Expertly Fit’s computer systems, or the technical delivery systems of Expertly Fit’s providers;
- attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- attempt to access or search the Site or the Content with any engine, software, tool, agent, device or mechanism other than the software or search agents provided by Expertly Fit or other generally available third party Web browsers;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the Content;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- impersonate or misrepresent your affiliation with any person or entity;
- violate any local, state, national or international law or regulation;
- transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; or
- send automated queries of any sort to Expertly Fit’s system without express permission from Expertly Fit, LLC.
The Site may enable you to submit your personal content to the Site for hosting, display, and distribution to other users of the Site (collectively “Submissions”), such as posting messages and other content to community sections of the Site. When you provide Expertly Fit with a Submission, you grant to Expertly Fit and its affiliates, representatives, and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute, store, transcode, syndicate (including, without limitation, syndication through third party websites), broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. Submissions are available to all users of the Site. Expertly Fit reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote your Submissions, the Site or the means by which your Submissions are available. Expertly Fit reserves the right to reject, remove or modify Submissions in its sole and absolute discretion.
You represent and warrant that:
- you own all rights in your Submissions or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to Expertly Fit the rights in your Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
- you are the individual pictured or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your Submissions to grant the rights to Expertly Fit described herein;
- you will make such permissions available to Experlty Fit upon request; and
- your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to Expertly Fit upon Expertly Fit’s request.
You further agree that Expertly Fit and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than Submissions (“Feedback”), whether oral or written, that you may send to Expertly Fit or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Expertly Fit has no duties to you, with respect to such Feedback.
The Site Does Not Provide Medical Advice Or Other Health Services
THE CONTENT PROVIDED BY THE SITE AND USE OF INFORMATION OBTAINED BY USING THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL 911 IMMEDIATELY. EXPERTLY FIT, LLC DOES NOT ENDORSE, RECOMMEND, EVALUATE OR GUARANTEE ANY SPECIFIC PHYSICIANS, PRODUCTS, PROCEDURES, MEDICAL THEORIES, OR OTHER INFORMATION APPEARING IN THE SEARCH RESULTS OR OTHERWISE ON THE SITE, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATING TO ANY USE THEREOF. YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.
Expertly Fit does not, as part of a regular, established practice, monitor, control, or have knowledge of any content transmitted on or through the Site. You agree that you are solely responsible for all content you transmit and receive on or through the Site.
Much of the Content provided by the Site comprises search results consisting of links to third party websites over which Expertly Fit exercises no control. These search results are generated automatically by Expertly Fit’s computers and search software. As a result, some of the results may link to websites that are missing, out-of-date, inaccurate, inappropriate, objectionable, or offensive. You acknowledge and agree that Expertly Fit is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Expertly Fit hereby disclaims any and all liability relating to such websites or resources. Links to such websites or resources do not imply any endorsement by Expertly Fit of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Digital Millennium Copyright Act Compliance; Designated Agent
Expertly Fit respects the intellectual property rights of others. Upon proper notice, Expertly Fit will remove Submissions or other applicable content that violate copyright law and terminate the accounts of repeat infringers.
Pursuant to Title 17 of the U.S. Code, Section 512, Expertly Fit has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Expertly Fit’s copyright agent a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Expertly Fit to locate the material on the Site;
- information reasonably sufficient to permit Expertly Fit to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Please send all of the above enumerated information to the following Expertly Fit copyright agent:
Bryan P. Hollis
273 Carolina Ridge Drive
Columbia SC 29229
fax: (803) 834 – 4193
Please do not send notices or inquiries unrelated to alleged copyright infringement to Expertly Fits’s designated agent.
If you violate any of these Terms of Service, your permission to use the Site and the Content automatically terminates.
Modifications To The Site
Expertly Fit reserves the right to modify or discontinue the Site with or without notice to you. Expertly Fit shall not be liable to you or any third party should Expertly Fit exercise its right to modify or discontinue the Site.
Disclaimer Of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPERTLY FIT, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). EXPERTLY FIT AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
- FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
EXPERTLY FIT, LLC AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EXPERTLY FIT AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXPERTLY FIT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation Of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EXPERTLY FIT OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Expertly Fit may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Expertly Fit’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Expertly Fit, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (1) any information (including, without limitation, your Submissions, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Site; (2) your (or anyone using your account’s) use of the Site; (3) your (or anyone using your account’s) violation of these Terms of Service; or (4) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Expertly Fit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Expertly Fit in asserting any available defenses.
Without limiting the foregoing, under no circumstances will Expertly Fit be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of Expertly Fit to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Controlling Law And Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of South Carolina without regard to any conflict of laws principles or rules. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Richland County, South Carolina, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service, together with any other rules or guidelines posted in connection with the Site or Content, are the entire and exclusive agreement between Expertly Fit and you regarding the Site and Content, and these Terms of Service supersede and replace any prior agreements between Expertly Fit and you regarding the Site and Content.
Terms of Service Changes
Expertly Fit may, in its sole and absolute discretion, change these Terms of Service from time to time. Expertly Fit will post a copy of the Terms of Service as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.
Effective Date: 11/18/2010