Confidentiality Of Remedy Recipes.net Information
You may obtain direct access via the Site to certain confidential information of Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc., including without limitation technical, contractual, product, pricing, marketing, and other valuable information that should reasonably be understood as confidential ( “ Confidential Information “ ). You must hold Confidential Information in strict confidence. All rights to Confidential Information remain with Remedy Recipes.net. and/or Pump Fitness & Nutrition, Inc.. Upon termination of the Terms or Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc.’s written request, You must cease use of Confidential Information and return or destroy it.
The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc., without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) is disclosed in response to valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. adequate time to afford Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. the opportunity to object to the disclosure.
Indemnity
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Modification And Termination Of Services, Amendment Of Terms
Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. reserve the right at any time to modify, suspend, or terminate the Services ( or any part thereof ), and/or Your use of or access to them, with or without notice. Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. may also delete, or bar access to or use of, all related Confidential Information and files. Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. may amend these Terms at any time by posting the amended terms on this Site.
Refunds And Reimbursements
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Advertisements And Promotions
In the event that Remedy Recipes.net and/or Pump Fitness & Nutrition Inc. run advertisements and promotions from third parties on the Site, Your correspondence or business dealings with, or participation in promotions of, advertisers other than Remedy Recipes.net and/or Pump Fitness & Nutrition found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Remedy Recipes.net and/or Pump Fitness & Nutrition advertisers on the Site.
Content Provided Via Links
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Intellectual Property Rights
All trademarks, service marks, logos, slogans, quotations, domain names, and trade names ( collectively “Marks” ) are the properties of their respective owners. Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. disclaim any proprietary interest in Marks other than its own. All materials contained in the Site are the copyrighted property of Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc., its subsidiaries, affiliated companies, and/or third-party licensors. If you wish to use the material contained on this Site other than for Your individual review, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third-party in order to use such material. If you are not a customer of Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. and wish to download and use any information contained in this Site other than for your individual review or in relation to your customer relationship or potential customer relationship with Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc., contact Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. so that Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. may evaluate your proposed use of Remedy Recipes.net and/or Pump Fitness & Nutrition Inc.’s Site content. All Books are protected by Copyright and are registered by the Library Of Congress
( Remedy Recipes, Copyright 2008, Golden Freedom, Copyright 2010, Blood Is Forever, Copyright 2012 ) All rights reserved, including the right to reproduce these books or portions thereof in any form whatsoever. Reproduction of these books must have the expressed written permission of the author.
Liability Disclaimer & Disclaimer Of Warranties
Information or advice received from this Site should not be relied upon for personal, medical, business, legal, or financial decisions. You should consult an appropriate specialist, professional, or physician for specific advice tailored to your situation. You agree to seek medical approval from your physician before starting any diet or exercise related changes to Your current lifestyle. You agree to seek medical approval from Your physician if you are currently taking any medication as adverse side effects may occur with dietary changes. UNLESS OTHERWISE AGREED TO BY REMEDY RECIPES.NET AND/OR PUMP FITNESS & NUTRITION, INC. AND YOU, REMEDY RECIPES.NET AND/OR PUMP FITNESS & NUTRITION, INC. MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY, OR TIMELINES OF THE INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON THIS SITE. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. REMEDY RECIPES.NET AND/OR PUMP FITNESS & NUTRITION, INC. HEREBY DICLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NUTRITION CONSULTING AND/OR COACHING FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL REMEDY RECIPES.NET AND/OR PUMP FITNESS & NUTRITION, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING SENTENCE, REMEDY RECIPES.NET AND/OR PUMP FITNESS & NUTRITION, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE. REMEDY RECIPES.NET AND/OR PUMP FITNESS & NUTRITION, INC. SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF REMEDY RECIPES.NET AND/OR PUMP FITNESS & NUTRITION, INC. HAVE 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF REMEDY RECIPES.NET AND/OR PUMP FITNESS & NUTRITION, INC., OR ANY AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, FITNESS TECHNICIANS, OR TRAINERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PURCHASE PRICE OF THE FITNESS PRODUCT PURCHASED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
General Terms
These Terms constitute the entire agreement between You and Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. relating to their subject matter, and cancel or supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. or third-party products or services.
You agree that the material breach of certain terms contained herein will result in irreparable harm to Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You wave any requirement for the posting of a bond or other security if Remedy Recipes.net and/or Pump Fitness & Nutrition, Inc. seek such an injunction.
Your use of this Site shall be construed in accordance with and governed by the internal laws ( without reference to choice or conflict of laws ) of the State of New York. In respect of any dispute between the parties regarding the subject matter hereof, the parties hereby irrevocably consent and submit to in personam jurisdiction in the courts of New York, Counties of Suffolk and Nassau, including the United States courts located in and for the Eastern District of New York, and to all proceedings in such courts. The parties hereby agree that such courts shall be the venue and exclusive and proper forum in which to adjudicate any case or controversy arising either, directly or indirectly, under or in connection with this Site and that they will not contest or challenge the jurisdiction or venue of these courts.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such a provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
