PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SITE AND SERVICES.
This website (“Site”) is owned and operated by A.I.M. Fitness (the “Company”). Throughout the Site, the terms “we”, “us” and “our” refer to A.I.M. Fitness. The Company is a personal fitness service provider offering nutrition, health and fitness content, information, products, videos and services to adults aged 50 and over and seniors (the “Services”).
If you are under 18 years of age (or under the legal age in your jurisdiction), you may use the Site only with the supervision of a parent or guardian.
ACCEPTABLE USE AND PROHIBITIONS
You agree to use our Site for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. You further agree not to attempt to interfere with our Site’s network or security features or to gain unauthorized access to our systems.
You agree that you will not, in connection with the Site, do or permit the posting, uploading, reproduction, distribution or otherwise transmission of any content that:
o is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” or is otherwise duplicative or unsolicited,
o is defamatory, infringing, or unlawful,
o is inappropriate, profane, vulgar, obscene, pornographic,
o violates the rights or assists others to violate the rights of us or any third party,
o engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, or
o impersonate or falsely represent your association with any person, including a representative of us.
All content including, without limitation, all text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of this Web site, are subject to intellectual property rights, including copyright and trade marks, held by or licensed to the Company. All such rights are expressly reserved. You are permitted to electronically copy and to print hard copies of pages from this Web site for your own personal, non- commercial use (for personal information and shopping purposes), provided that such copies clearly display the copyright and any other proprietary notices of the Company on their face. No other copying of this Web site, in whole or in part, is permitted without the express written authorization of the Company. All other names, words, logos, slogans and images are the property of and are subject to trade mark rights held by the Company. Certain other trade marks, trade names, words, logos, slogans and images are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner
This Site may provide features which allow you to post messages and content to designated areas on the Site, to participate in chat groups, to interact with the Company and other users. You agree to not provide content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove content, at the Company sole discretion and at any time and for any reason, without notice to you.
This Site may contain links to third-party websites, social media platforms or other resources, but these links and sites (the “Linked Sites”) do not form part of our Services. We do not review, endorse, approve or control, and are not responsible for any Linked Sites, the content of those sites, the third parties named therein, or their products and services. The Linked Sites are for your convenience only and you access them at your own risk.
The Company respects the privacy of its visitors to its Site and in their use of our Services. All information provided by you or collected by us in connection with your use of this Site or our
NO MEDICAL ADVICE
The information, tools and/or resources provided on this Site are in no way intended to be a replacement for professional medical evaluation, advice, diagnosis or treatment (“medical advice”). It is for general information purposes only. Please consult a physician before using any of the general information that you find on the Site or before beginning any nutrition, fitness or exercise program offered through the Site. Not all nutrition, fitness or exercise programs are suitable for everyone.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF OUR SITE, WHICH IS PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA OUR SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, COMPLETENESS OR RELIABILITY OF CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, LIKELY RESULTS OR FITNESS FOR A PARTICULAR PURPOSE. WE FURTHER DO NOT WARRANT THAT OUR SITE OR ITS FUNCTIONING OR THE CONTENT AND MATERIAL OF THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE OUR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
THE USE OF OUR SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF OUR SITE. IN NO EVENT WILL WE, OR OUR AFFILIATES, OUR OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUPPLIERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION, OR LOST
REVENUE, LOST PROFITS, LOST BUSINESS OR SALES, OR ANY OTHER TYPE OF DAMAGE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, OUR SITE OR THE CONTENT OR MATERIAL OR FUNCTIONALITY THROUGH OUR SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our site, your violation of the terms, or the posting or transmission of any materials on or through the site by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
To the extent that any feedback that you submit is protected by your intellectual property rights, you hereby grant us a non-exclusive, irrevocable, worldwide license to use the feedback in any way that we choose, and your feedback shall not be deemed confidential information for any purpose. You acknowledge that you have no expectation of confidentiality or privacy with respect to any suggestions or feedback provided by you to us.
TERMINATION OF USE
will be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.