Design Fitness : Company Information

THIS WEB SITE, LOCATED ON THE INTERNET AT HTTP://WWW.DESIGNFITNESS.NET, AND ALL OF ITS CONTENTS (COLLECTIVELY THE "WEB SITE") IS OFFERED TO YOU, THE USER (THE "USER") BY DESIGN FITNESS of PO BOX 398 · LEWIS CENTER, OHIO · U.S.A. ("DESIGN FITNESS ") CONDITIONED ON THE USER'S ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS, CONDITIONS, AND NOTICES OF THIS STATEMENT, INCLUDING ANY POLICIES AND/OR GUIDELINES INCORPORATED BY REFERENCE (COLLECTIVELY THE "AGREEMENT"). BY ACCESSING AND USING THIS WEB SITE, THE USER IS DEEMED TO HAVE AGREED TO ALL SUCH TERMS, CONDITIONS, AND NOTICES.

DESIGN FITNESS reserves the right to change or modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion. Any changes or modifications will be effective upon posting of the revisions to the DESIGN FITNESS Web site. DESIGN FITNESS will post a notice of such changes or modifications to this Agreement on the Site for thirty (30) days. DESIGN FITNESS may post changes or modifications to referenced policies and guidelines without notice to the User. The User's continued use of the Services following DESIGN FITNESS's posting of any changes or modifications will constitute the User's acceptance of such changes or modifications.

This Web site is for the personal, non-commercial use of users. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of DESIGN FITNESS or other third parties. You are not permitted to use the Marks without the prior written consent of DESIGN FITNESS or such third party which may own the Marks.

Liability Disclaimer

The information, software, products, and services published on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. DESIGN FITNESS and/or its respective suppliers may make improvements and/or changes in this Web site at any time. DESIGN FITNESS and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Web site for any purpose. All such information, software, products, and services are provided "as is" without warranty of any kind. DESIGN FITNESS and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall DESIGN FITNESS and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Web site or with the delay or inability to use this Web site or for any information, software, products, and services obtained through this Web site, or otherwise arising out of the use of this Web site, whether based on contract, tort, strict liability or otherwise, even if DESIGN FITNESS or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

General

This agreement is governed by the laws of the State of Ohio, U.S.A. User consents to the exclusive jurisdiction and venue of courts in Ohio, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the user and DESIGN FITNESS as a result of this agreement or use of this Web site. User agrees not to hold himself or herself out as representative, agent, or employee of DESIGN FITNESS and DESIGN FITNESS shall not be liable for any representation, act, or omission of the user.

DESIGN FITNESS's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of DESIGN FITNESS' right to comply with law enforcement requests or requirements relating to the user's use of this website or information provided to or gathered by DESIGN FITNESS with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This agreement constitutes the entire agreement between the User and DESIGN FITNESS with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and DESIGN FITNESS with respect to this Web site. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Links to Third Party Sites

DESIGN FITNESS's Web site contains external hyperlinks. These linked sites are not under the control of DESIGN FITNESS and DESIGN FITNESS is not responsible for the contents of any linked site or any link contained in a linked site, or for any changes or updates to such sites. DESIGN FITNESS provides these links to you only as a courtesy, and the inclusion of any link does not imply endorsement of the site by DESIGN FITNESS.