make use of our website www.fitandheal.com (the “Website”), whether as a guest or a registered user (and please note that the Website may also contain some or all of the content from various Information – which is something we define for you in the next paragraph); and make use of any newsletter or other information that you subscribe for us to send to you (whether by email or otherwise) or which we otherwise supply to you (all of which together we call “Information” which is both the content of whatever you get and the medium by which it is conveyed, such as email or letter).
Please read these Terms and Conditions carefully before you start to use the Website, subscribe for any Information or read any Information (or any part of it or them). By using the Website and/or by subscribing for Information and/or by reading Information (or any part of it or them), you indicate that you accept these Terms and Conditions and that you agree to abide by them. Your use of any part of the Website, your subscription for Information or your reading of Information (or any part of it or them) shows your acceptance of these Terms and Conditions which take effect on the date on which you first use the Website, subscribe for Information or read Information (or any part of it or them). If you do not agree with these Terms and Conditions, you should stop using the Website, cancel your subscription for Information and stop reading the Information (or any part of it or them) immediately.
We reserve the right to change these Terms and Conditions at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Website and/or subscription for Information after changes are posted shows your acceptance of the amended Terms and Conditions.
The Website and Information are intended for persons over the age of 16 only. To use the Website (without registering for an account to purchase products via the Website) and subscribe to receive Information or other marketing or promotional material from us (in any form and via any media) you must be 16 years of age or over. If you are under 16 and you want to use the Website (without registering for an account to purchase products via the Website) or subscribe for Information you must get consent from your parent or guardian before doing so. If you have already subscribed for Information or other promotional or marketing material and you are under 16 but you do not have consent from your parent or guardian, please tell us immediately by email to firstname.lastname@example.org.
We are a company registered in the USA, so we have complied with applicable US laws in making the Website, supplying Information and their content to you. If the Website or Information is accessed by you from outside the USA, this is entirely at your risk. We make no representation that the Website or Information and their content are suitable for use outside of the USA. If you choose to access or use the Website or the Information from or in locations outside the USA, you do so on your own initiative and are responsible for:
ensuring that what you are doing in that country is legal; and the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).
Use of the Website and subscription for Information does not include the provision of a computer or other necessary equipment to access it. To use the Website or access Information you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
You shall not in any way use the Website or Information or submit to us or to the Website or to any user of the Website or subscriber to the Information anything which in any respect:
-is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;is fraudulent, criminal or unlawful;is inaccurate or out-of-date;
-may be considered by a reasonable person in the US to be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;impersonates any other person or body or misrepresents a relationship with any person or body;
-may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;may be contrary to our interests;is contrary to any specific rule or requirement that we stipulate on the Website in relation to the Information, a particular part of the Website or the Website generally; or involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You may not use any automated means (such as scripts) to access the Website or Information or collect any information from the Website or Information unless we explicitly agree to allow you to do so in writing.
You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the Website for the purpose of use on the Website or in Information or for generally marketing (by any means and in any media) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission. Commentary and other materials posted on the Website or in Information are not intended to amount to advice on which reliance should be placed. Subject to paragraphs 25 and 26 below, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or person who accesses or uses Information, or by anyone who may be informed of any of their contents. You assume sole responsibility for results obtained from the use of the Website and/or Information, and for conclusions drawn from such use. Subject to paragraphs 16, 25 and 26 below, we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Website or Information, or any actions taken by us at your direction. You agree to comply at all times with any instructions for use of the Website and Information which we make from time to time.
Availability of the Website and the Information, Security and Accuracy
We warrant that, in making the Website and the Information available to you, we shall use our reasonable skill and care.
Whist we try to make the Website available 24 hours a day, we cannot be liable if for any reason the Website is unavailable for any time or for any period. We make no warranty that your access to the Website, or subscription for Information, will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
Access to the Website and Information (or a subscription for Information) may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website or access to or subscription for Information for any reason. If we impose restrictions on you personally, you must not attempt to use the Website or subscribe for or access Information under any other name or user.
We do not warrant that the Website or Information will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or the Information or your obtaining any material from, or as a result of using, the Website or the Information. We shall also not be liable for the actions of third parties.
We may change or update the Website (including but not limited to any archive of any Information which may be stored within it) and anything described in it without notice to you.
Whilst we try to ensure that information and materials on the Website and in Information are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
Content of the Website and Information
The content of Information and the Website is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate this. We don’t accept payment from third parties for products or content to appear in Information or on the Website.
From time to time, some of our content will be “Sponsored”. We will make that clear when that is the case. We do get paid for Information that is Sponsored (which we call “Sponsored Information”). When you register to receive Information under paragraph 24 below, you agree to receive Sponsored Information. If you would prefer not to receive Information, you should unsubscribe by using the method set out in our Terms and Conditions, and you will not receive any Information, whether it is Sponsored Information or not.
Registration for Information and to order products through the Website
We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
To the extent possible by law and subject to paragraph 25 above, in all cases other than in respect of products or services that we provide to a specific consumer for a fee (which shall be governed by its own contractual terms), to the extent permitted by law: our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability in use or delay in use of the Website and/or Information, or any material in them or accessible from them, or from any action or decision taken as a result of using the Website or Information or any such material, shall be $1; and we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to any material on the Website or in Information or in relation to your use or inability to use or delay in use of the Website and/or Information or any material in them or accessible from them or from any action or decision taken as a result of using the Website or Information or any such material, in relation to any of the foregoing, for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website and Information, and in the material published in them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website and Information for your personal reference and you may draw the attention of others within your organisation to material posted on the Website or in Information.
Information about you and your visits to the Website and subscription for Information
Transactions concluded through the Website
Contracts for the supply of products formed through the Website or as a result of visits made by you are governed by our Terms and Conditions.
Third Party Websites
We have no control over and accept no responsibility for the content of any website to which a link from the Website or Information exists (unless we are the provider of those linked websites). Such linked websites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website to which the Website or the Information provide a link. The website terms and conditions and privacy policies of those third party websites will apply to your use of those websites and any orders you make for goods and services via such websites. If you have any queries, concerns or complaints about such third party websites (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website.
You must not without our permission:
Use or copy any material from the Website or Information, including, but not limited to, onto other websites or in emails or newsletters or otherwise; or frame any of the Website or Information onto your own or another person’s website.
We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular: you shall not make any warranties or representations about us, our services or our policies except with our prior express authorization; you shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies; and you shall not suggest expressly or implicitly that we have endorsed your website or are associated with it where this is not the case.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
US law and jurisdiction
These Terms and conditions and use of Information (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with California law. You submit to the exclusive jurisdiction of the CA courts to settle any dispute which may arise under, or in respect of, these Terms and conditions or subscription to and use of the Information, except where, by law, such dispute must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.