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Terms of Use

Your access and use of this site and any page contained herein beginning with www.DoctorOfFitness.com is subject to the following terms of use and all applicable laws. By viewing Web pages in this site, you accept, without limitation or qualification, these terms. If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Use, E-mail Policy, General Disclaimer, Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of The United States applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Shrewsbury , Massachusetts .

Terms of Use

Welcome to the website of Doctor Of Fitness, LLC. This website is best viewed using a contemporary browser.

Use of this website, and information distributed in conjunction with this website, including without limitation, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our currency information, services, or website. We suggest you print a copy of each of these documents for your records.

Doctor Of Fitness, LLC shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at:

http://www.DoctorOfFitness.com/terms_of_use.shtml

You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on November 5, 2004 .

1. Copyright. Trademarks. Servicemarks. Nothing contained on this website should be construed as granting any license as right to use any intellectual property without prior written permission of the party that owns the intellectual property. All material on this site, and the files associated with it, are the intellectual property of Doctor Of Fitness, LLC or the original creator of that material. It is protected by the copyright laws of the United States of America and under treaties with other nations. Unless otherwise stated, no material on this site is in the public domain. You may download, copy, reproduce, redistribute, republish, display, post, or transmit material on this site only if expressly permitted, and then only the designated material. Doctor Of Fitness, LLC in no way represents or warrants that your use of materials displayed on this site does not infringe the rights of third parties.

2. Links. You may not establish a link to this site without the express written consent of Doctor Of Fitness, LLC. Access to any site linked to this site is not the responsibility of Doctor Of Fitness, LLC and Doctor Of Fitness, LLC is not responsible for the accuracy, or reliability of any content on such websites. Further, the precense of a link to a third-party site does not mean that Doctor Of Fitness, LLC endorses that site, it products or views expressed there. Please note that this site is linked to other sites which may have different terms of use. Please refer to those sites for the appropriate information.

3. Accuracy. While making reasonable efforts to ensure that all information in this site is accurate and up to date, Doctor Of Fitness, LLC make no representation or warranty of the accuracy, reliability, or completeness of the information.

4. Specific Disclaimer Concerning Medical Information. The information provided in this Web site is for informational purposes only. It is not a substitute for medical advice. All medical information presented should be discussed with your OWN healthcare professional. Remember, the failure to seek timely medical advice can have serious ramifications. Doctor Of Fitness, LLC urge you to discuss any current health related problems you are experiencing with your OWN healthcare professional immediately.

5. Limitation of Liability and Exclusion of Warranty. THIS SITE IS PROVIDED AS IS, AND YOUR USE OF IT IS EXCLUSIVELY AT YOUR OWN RISK. DOCTOR OF FITNESS, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE USE OF THIS SITE OR THE MATERIALS IN IT, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DOCTOR OF FITNESS, LLC ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM IT.

UNDER NO CIRCUMSTANCES SHALL DOCTOR OF FITNESS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, INABILITY TO ACCESS OR USE THE SITE, AND LOSS OF ANTICIPATED PROFITS OR BENEFITS, EVEN IF DOCTOR OF FITNESS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Communications by You. Any communication or material you transmit to the site by electronic mail or otherwise, including data, questions, comments, suggestions, or the like, is, and may be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of Doctor Of Fitness, LLC and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Doctor Of Fitness, LLC are free to use any ideas, concepts, know-how, or techniques in any communication that you send to the site, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We do not respond to any questions concerning specific medical conditions. If you transmit such information, while we will not intentionally release it or make it public, we cannot assure you that the information will be kept private. WE URGE YOU NOT TO SEND SUCH INFORMATION BY EMAIL.

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

* upload, post or otherwise transmit through or to this website any content that:

    i. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;

    ii. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;

    iii. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;

* disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;

* provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;

* transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;

* collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;

* sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Integrated Sport Solutions;

* redistribute any content, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;

* intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data; and

* embed or import any financial data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as except as specifically permitted in writing by Integrated Sport Solutions.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

7. Privacy. We refer you to our privacy statement for a complete discussion of how Doctor Of Fitness, LLC utilize information you communicate via our Web site. You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: http://www.DoctorOfFitness.com/privacy_policy.shtml

8. Trademarks. All trademarks, service marks, and logos ("Trademarks") displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of its owner. Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

    2. Identification of the copyrighted work claimed to have been infringed.

    3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

    4. The address, telephone number or e-mail address of the complaining party.

    5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

    6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to: This email address is being protected from spambots. You need JavaScript enabled to view it.

9. Content of Linked Sites. Doctor Of Fitness, LLC have not reviewed other sites linked to its site, and is not responsible for their content. Accessing linked sites is at your own risk. Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

10. Export Control. Software and other materials from this site may be subject to United States export control. The export control laws of the United States prohibit exporting certain technical data and software to certain territories. No software from this site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of specially designated nationals, or the U.S. Commerce Department's table of deny-orders. Doctor Of Fitness, LLC do not authorize the downloading or exporting of any software or technical data from this site to any prohibited jurisdiction under the United States export laws.

11. Revisions. Doctor Of Fitness, LLC reserve the right to modify and supplement these terms at any time, without prior notice, by posting the new terms on the site. You agree that your continued access and use of the site shall constitute your acceptance of the new terms.

12. Disputes. The terms of use are governed by the laws of the Commonwealth of Massachusetts , regardless of conflicts of laws. The court of proper jurisdiction closest in proximity to principal place of business of Doctor of Fitness, LLC at the time of the dispute or the federal district court of Massachusetts shall be the exclusive jurisdiction and venue for any claim between the parties, who consent to the jurisdiction and venue of those courts. You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

13. Contact. If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

YOU ACCEPT THESE TERMS BY USING THIS WEB SITE.

Disclaimer

This website is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, medical, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Doctor Of Fitness, LLC, for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth herein.

Doctor Of Fitness, LLC has used its best commercial efforts to obtain the most accurate and timely information available, including information pertaining to fitness & nutrition, all of which are complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Doctor Of Fitness, LLC shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

Doctor Of Fitness, LLC reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Doctor Of Fitness, LLC nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Doctor Of Fitness, LLC or such provider has been advised of the possibility of such damages.