TERMS AND CONDITIONS OF USE
ACCESSING OR USING THE SITE, YOU ("USER") AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING
TERMS OR CONDITIONS, PLEASE DO NOT USE THIS SITE.
SCOTT HERMAN FITNESS ("MS") OWNS AND OPERATES THE SITE. MS RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE
UPON THEIR POSTING. MS OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES
OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SITE WITHOUT NOTICE OR LIABILITY; MS MAY ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN ITS
Use of Site; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter "Content") constitute the sole and exclusive property of MS or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without MS's prior written approval: copying of the Site or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
Additional User Conduct Guidelines
MS requests that the User not impede or inhibit any other User from using and enjoying the Site. Therefore, in using this Site, you agree not to:
disrupt or interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected
to or accessible through the Site or affiliate linked sites; upload, post, or otherwise transmit through or on this Site any viruses or other harmful,
disruptive or destructive files; use or attempt to use another's account, service or system, or link to another site, without authorization from MS,
or create or use a false identity on the Site; or transmit through or on the Site spam, chain letters, junk mail or other types of unsolicited mass
e-mail to people or entities who have not agreed to be part of such mailings. Further, any unauthorized or prohibited use may additionally subject the
offender to civil liability and criminal prosecution under applicable federal and state laws.
Limitation of Liability and Disclaimers
USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER MS, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MS, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT MS IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES MS FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MS, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
The User agrees to indemnify, defend and hold harmless, MS, its parents, affiliates, employees, agents, third party information providers,
service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third
party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any
violation of these Terms and Conditions by the User. MS reserves the right to assume, at its sole expense, the exclusive defense and control of
any matter subject to indemnification by User, in which event User will fully cooperate with MS in asserting any available defenses.
Third Party Links and Sites
This Site may contain links to other Internet sites, resources and/or sponsors of the Site. MS does not verify, warrant, endorse,
or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. Providing
links to outside sites does not constitute MS's approval of the content, policies or practices of those other sites. Be sure to review the
visitor to our web site can choose to be removed from our web-generated marketing lists. You can opt out at any time. To opt out of MS's
marketing e-mail or print mail, please send an e-mail with "remove" in the subject line to email@example.com
so Users will always know what information we collect online, how we use it, and what choices you have. For material changes to this Privacy
Policy, MS will provide notification to Site Users.
These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of New Hampshire and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of New Hampshire for any disputes arising from or related to this Site or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with MS or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of this Site. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions may only be altered by (a) prior written mutual agreement between MS and User; or (b) MS posting
revisions on the Site. Failure by MS to object to a User's behavior, conduct or action does not constitute a consent, ratification or waiver of objection.
If you have any questions or concerns about our Terms and Conditions of Use, please contact us.