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TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE.
By using this site, you signify your assent to these terms of use.
If you do not agree to these terms of use, please do not use the
site. We reserve the right, at our discretion, to change, modify,
add, or remove portions of these terms at any time. Please check
these terms periodically for changes. Your continued use of DIVEFITNESS.com
following the posting of changes to these terms will mean you accept
those changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Form Fitness, LLC. No material
from DIVEFITNESS.com or any Web site owned, operated, licensed,
or controlled by Form Fitness, LLC, may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single computer
for your personal, noncommercial home use only, provided you keep
intact all copyright and other proprietary notices. Modification
of the materials or use of the materials for any other purpose is
a violation of Form Fitness, LLC’s copyright and other proprietary
rights. For purposes of these terms, the use of any such material
on any other Web site or networked computer environment is prohibited.
You acknowledge and agree that Form Fitness, LLC, owns all database,
compilation, collective and similar rights, title and interests
worldwide in our proprietary information databases, and all information
and derivative works generated from those databases.
JURISDICTION
This site is controlled and operated by Form Fitness, LLC, from
its location within the State of North Carolina, United States of
America. Form Fitness, LLC, makes no representation that materials
in the site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do so
on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
TERMINATION
These terms are effective until terminated by either party. You
may terminate these terms at any time by destroying all materials
obtained from any and all Form Fitness, LLC, site(s) and all related
documentation and all copies and installations thereof, whether
made under the terms of these terms or otherwise. These terms will
terminate immediately without notice from Form Fitness, LLC, if
in Form Fitness, LLC’s sole discretion you fail to comply
with any term or provision of these terms. Upon termination, you
must destroy all materials obtained from this site and any and all
other Form Fitness, LLC, site(s) and all copies thereof, whether
made under the terms of these terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORM FITNESS,
LLC, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. FORM FITNESS, LLC, DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. FORM FITNESS, LLC, DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT FORM FITNESS, LLC) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Further, DIVEFITNESS.com explicitly disclaims any responsibility
for the accuracy, content, or availability of information found
on sites that link to or from DIVEFITNESS.com from third parties
not associated with Form Fitness, LLC. Form Fitness, LLC, encourages
discretion when browsing the Internet using our or anyone else’s
service. Because some sites employ automated search results or otherwise
link you to sites containing information that may be deemed inappropriate
or offensive, Form Fitness, LLC, cannot be held responsible for
the accuracy, copyright compliance, legality, or decency of material
contained in third-party sites, and you hereby irrevocably waive
any claim against us with respect to such sites.
Form Fitness, LLC, cannot ensure that you will be satisfied with
any products or services that you purchase from a third-party site
that links to or from DIVEFITNESS.com, since other shop channels
are owned and operated by independent retailers. Form Fitness, LLC,
does not endorse any of the merchandise, nor has Form Fitness, LLC,
taken any steps to confirm the accuracy or reliability of, any of
the information contained in such third-party sites. Form Fitness,
LLC, does not make any representations or warranties as to the security
of any information (including, without limitation, credit card and
other personal information) you might be requested to give any third
party, and you hereby irrevocably waive any claim against us with
respect to such sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL FORM FITNESS, LLC, BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
MATERIALS IN THIS SITE, EVEN IF FORM FITNESS, LLC, OR AN FORM FITNESS,
LLC, AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL FORM FITNESS, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
OTHER
These terms shall be governed by and construed in accordance with
the laws of the State of North Carolina, without giving effect to
any principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to these terms shall
be filed only in the state or federal courts located in Wake County
and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between
us relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.
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