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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Christian's Fitness Factory. The collective work includes works that are licensed
to Christian's Fitness Factory. Copyright 2009, Christian's Fitness Factory ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print
hard copy portions of this site for the sole purpose of placing an
order with Christian's Fitness Factory or purchasing products from Christian's Fitness Factory. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with Christian's Fitness Factory or to purchase Christian's Fitness Factory products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by Christian's Fitness Factory. You further
agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Christian's Fitness Factory used
in the site are trademarks or registered trademarks of Christian's Fitness Factory. All other trademarks, service marks and trade names are trademarks or registerd trademarks are the property of the respective owners and use does not imply endorsement of Christian's Fitness Factory.
Warranty Disclaimer
This site and
the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Christian's Fitness Factory disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Christian's Fitness Factory does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or
that this site or the server that makes the site available are free of
viruses or other harmful components. Christian's Fitness Factory does not make
any warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Warranty shipping costs, if any, are not the responsibility of Christian's Fitness Factory outside of the Continental US. Any warranty shipments outside of the Continental US will be the resposiblity of the customer requesting the warranty service.
Limitation of Liability
Christian's Fitness Factory shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if Christian's Fitness Factory has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability
or incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors
In
the event that a Christian's Fitness Factory product is mistakenly listed at
an incorrect price, Christian's Fitness Factory reserves the right to refuse
or cancel any orders placed for product listed at the incorrect price.
Christian's Fitness Factory reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Christian's Fitness Factory shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Christian's Fitness Factory without notice at any time, for any reason. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Christian's Fitness Factory may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address
you have provided to Christian's Fitness Factory.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of Pennsylvania, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of products from Christian's Fitness Factory) shall be in the state or federal courts
located in Lancaster County, Pennsylvania. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of Christian's Fitness Factory products) must be commenced within one
(1) year after the claim or cause of action arises. Christian's Fitness Factory's failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms
and conditions. Christian's Fitness Factory may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Christian's Fitness Factory or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Christian's Fitness Factory does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Christian's Fitness Factory is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any contents
or activities on the site. However, Christian's Fitness Factory reserves the
right to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Christian's Fitness Factory in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Christian's Fitness Factory, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, Christian's Fitness Factory may link to sites operated by third parties. However, even if the
third party is affiliated with Christian's Fitness Factory, Christian's Fitness Factory has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of Christian's Fitness Factory. These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, Christian's Fitness Factory seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link
does not work).
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