- Acceptance of Agreement.
You understand and agree that you are entering into this Agreement electronically, which will have the same force and effect as an agreement in writing.
Fees and any other charges for the use of the Site and the products available on the Site are as described on the Site. You represent, warrant, and agree that if you are purchasing something from us that (i) payment for any purchase is due at the time of ordering, (ii) any credit and billing information you supply is true and complete, (iii) charges incurred by you will be honored by your credit card company, (iv) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (v) the purchase of any products on the Site is non-refundable.
3. Intellectual Property.
In this Agreement, the content on the Site, including all information, writings, methods, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called “Content.” All Content and all software available on the Site or used to create and operate the Site is the property of Haywood Doe Consulting or its licensors, and is protected by domestic and international copyright laws, and all rights to the Site, such as Content and such software, are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Haywood Doe Consulting.
Content provided by users is called “User Content.” User Content includes, but it is not limited to, profile information and moving information supplied by users, posts and questions submitted to the Site, certain biographical information supplied by users, technical information about the device you use to access the Site, comments on articles, and any information submitted by a User for display on the Site. All User Content is that User’s property. Haywood Doe Consulting only right to that User Content is the limited licenses granted to it in this Agreement.
4. Our Limited License of Content to You.
Haywood Doe Consulting grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, download, listen to, and print the portions of the Content available to you on the Site for your personal use and purchase only. Such license is subject to this Agreement, and specifically conditioned upon your compliance with the this Agreement, including without limitation, the Restrictions and Prohibitions set forth in Section 6. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement, and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The license in this Section is revocable by us at any time.
5. Your Limited License of Content to Us.
Therefore, by posting or distributing User Content to or through the Site, you (a) grant Haywood Doe Consulting and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content; and (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; and (ii) the use and posting or other transmission of such User Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on or by the Site. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site does this to your User Content when it processes it for use on the Site.
6. Restrictions and Prohibitions on Use.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. User shall hold harmless Haywood Doe Consulting for any act or omission of any advertiser. The parties acknowledge that Haywood Doe Consulting shall not be held liable for any act or omission by any Advertiser.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. You must be at least 13 years old to use the Site. Your registration must be done using your real name and accurate information. You are responsible for preventing unauthorized use, and you agree to accept all risks of unauthorized access to your registration data and your User Content.
9. Errors, Corrections, and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses, or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
10. Linking to the Site.
You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
11. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
12. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties“) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable without the prior written consent of Haywood Doe Consulting.
THE INFORMATION, CONTENT, DOCUMENTS AND ANY PRODUCTS PURCHASED FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 16(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
16. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, or (iv) the content contained on the Site
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE PRICE PAID BY YOU FOR ANY PRODUCTS AVAILABLE ON THE SITE AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
17. Use of Information.
18. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (“Merchants“) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
20. Links to other Web Sites.
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
21. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
22. Inactive Accounts; Cancellation; Termination of Agreement.
You and/or Haywood Doe Consulting may terminate this Agreement and your use of the Site at any time. Specifically, we reserve the right to terminate your User account and your use of the Site without prior notice (a) if we believe in our discretion that you have violated or acted inconsistently with this Agreement or (b) if we determine in our sole discretion to terminate the Site’s services to you or any other User. When your account is terminated, we may retain an archival copy of your User Content after termination however, we do not guarantee that we will do so. You hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
You and we are independent parties, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid.
This Agreement shall be treated as though it were executed and performed in Columbus, Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The parties expressly agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the courts of the State of Ohio for the County of Franklin, or the United States District Court for the Southern District of Ohio. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
24. Electronic Communications.
When you visit www.vickidoefitness.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
25. Questions and Comments.
If you have any questions regarding this Agreement or your use of the site please contact us here:
Haywood Doe Consulting Co., LLC
2 South Main Street, 7th Floor
Niles, Ohio 44446
Last Updated: 2015
- Your Consent.
- Information Collection.
Registration with us is optional, and in general you may browse our site anonymously. However, please keep in mind that you may not be able to use some of the features offered by the Site unless you register with us. When you register with us and use the Site, you provide information about yourself. Depending on how you use the Site, such information that you provide to us may include: (a) your name, address, telephone number, email address, age (to comply with legal requirements), user name, personal photograph or avatar, password and other registration information; (b) your interaction with the Site including posting comments and communications with other users; (c) information you provide us when you contact us for help; (d) information you enter into our system when using the Site; and (e) credit card information.
In addition, we collect certain information, which cannot be used to personally identify any user, and which may be provided to third parties. Such non-personal data ordinarily includes aggregate, summary, or other usage data, and may include, by way of example, statistics regarding total users, information regarding types of Internet browsers used by users, technical information about the device you use to access the Site, and Site usage patterns.
- Use of Information.
If we have it, we will use your contact information to contact you from time to time to provide you with important information or required notices. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation, or other government authority or to protect our rights and property or the rights and property of the public. We may also cooperate with law enforcement agencies in any official investigation and we may disclose your personally identifiable information to the relevant agency in doing so.
Any user providing personal data is certifying that he/she is over the age of 13. Children under the age of 13 are not eligible to use our site. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files.
- Managing Your Personal Data.
In the event you desire to discontinue the Site and have your information removed from our systems, please send your request to email@example.com
Haywood Doe Consulting is very concerned about safeguarding the confidentiality of your personally identifiable information. We may require password protection and use physical, electronic, and procedural safeguards to protect personal information about you. We limit access to personal information about you to employees and authorized parties who need to know that information in order to operate, develop, or improve our services. Please be aware that, although we endeavor to provide reasonable security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of personal data or non-personal data arising in connection with the theft thereof. Likewise, you are responsible for safeguarding the confidentiality of passwords to the Site, and we bear no liability for access to, or use or disclosure of personal data if such access, use or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of such user’s password.
11. How to Contact Us.
Haywood Doe Consulting Co., LLC
2 South Main Street, 7th Floor
Niles, Ohio 44446
Last Updated: 2015