PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND — USE OF THE FIT HO– USE, LLC (“FITHO– USE”) WEBSITE.
BY ACCESSING OR USING THE FITHO– USE WEBSITE (“WEBSITE”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY FITHO– USE FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE.
No Warranties. Although FITHO– USE attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. — USE OF THE WEBSITE AND ITS CONTENTS IS AT THE — USER’S SOLE RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. AS NOTED BELOW, FITHO– USE ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.
Limitation of Liability. IN NO EVENT WILL FITHO– USE OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S — USE OF THE WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF — USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF FITHO– USE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Website. Contents are included in this Website solely for the personal use of Website users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Website without the prior written consent of FITHO– USE , which may be withheld in its sole discretion.
Copyrights and Other Intellectual Property. Except where otherwise expressly noted or as noted below, all Contents of this Website, including the graphics, icons and overall appearance of the Website, are the sole and exclusive property of FIT HO– USE, LLC and/or its subsidiaries or affiliates. The posting of the Contents of this Website neither constitutes a waiver of any of FITHO– USE ‘s proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, servicemarks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Website user or to any third party. Contents of this Website are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Website.
Links to Other Websites. FITHO– USE may establish links between this Website and one or more Websites operated by third parties. FITHO– USE has no control over any such other Websites or the contents therein. The existence of any such links shall not constitute an endorsement by FITHO– USE of such Websites, the contents of the Websites, or the operators of the Websites.
Transmissions to and from this Website. Except where expressly indicated otherwise, transmissions to and from this Website or directed to FITHO– USE , including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at FITHO– USE . Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention.
Modifications. FITHO– USE may at any time make modifications, changes, and alterations to the Contents of this Website, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
Governing law. These Terms and Conditions shall be governed by and construed in accordance with the law of the Commonwealth of Pennsylvania, without regard to the conflict of laws thereof, and to the laws of the United States.