WEBSITE DISCLAIMER
7872607 CANADA INC. (the “Company”)
Last Revised February 1, 2016
Welcome to the trainwithlyzabeth.com website (the “Website”). Please read these terms and conditions carefully. By your use of this Website, you agree to be bound by and comply with the terms and conditions found below.
Please read the rules contained in this Agreement carefully. You can access this Agreement any time at http://trainwithlyzabeth.com/disclaimer. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Website.
In addition to reviewing this Agreement, please read our Privacy Policy located at http://trainwithlyzabeth.com/privacy and our Terms and Conditions at http://trainwithlyzabeth.com/terms. Your use of the Website constitutes agreement to their terms and conditions as well.
The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.
I. DISCLAIMER OF WARRANTY
All content, materials, products, services and information made available on or through this Website are provided on an “as is” and “as available” basis, without representations, warranties or conditions of any kind, either express or implied. Subject to the foregoing, 7872607 Canada Inc. (the “Company,” “we” or “our”) disclaims all implied warranties including, without limitation, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and all express warranties except those explicitly made in these terms and conditions. The Company makes no representation that the information or content contained on this Website, your results in using this Website, or the service itself will be accurate, valid, reliable, complete, timely or available or that it does not violate or infringe the rights of any third party. The Company does not warrant that the content, materials, products, services and information made available to you through this Website, their servers, or e-mail sent from the Company will be uninterrupted, error free, free of viruses or other harmful agents or components, secure or timely. The Company makes no representation and specifically disclaims any warranty regarding any site linked to this Website.
This disclaimer by the Company in no way affects the terms of any manufacturer’s or third party seller’s warranty, if any, related to the goods purchased via this Website. Title to goods and merchandise is retained by the Company until the goods and merchandise are paid for by the purchaser at which time title passes to the purchaser.
Certain state or provincial laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
II. HEALTH DISCLAIMER
Any and all information contained on this Website is not intended to take the place of medical advice from a health care professional. Exercise, diet and health related matters vary from person to person. Nothing on this Website shall be considered, or used as a substitute for, medical advice, diagnosis or treatment. Any action whatsoever which is taken based on the contents of this Website or any of its related sites, materials, products or information is to be used solely at your own discretion, risk and liability. You should always consult the appropriate health professionals on any matter that is related to your health and well being before proceeding with any action pertaining to health related issues. While the information provided on this Website is believed to be accurate, this Website assumes no liability for the use or misuse of information and products on this Website.
Neither this Website nor its affiliates, directors, officers, owners, employees, agents, contractors, representatives, successors or assigns, shall be responsible if you fail to consult the appropriate health authorities with respect to your health care before acting on or using any information or products found on this Website, nor will they be responsible for any errors or omissions, or the use or misuse of, the information on this Website
III. LIMITATION OF LIABILITY
You agree that, except as otherwise provided under applicable laws, neither the Company nor its affiliates, nor the directors, officers, owners, employees, agents, contractors, representatives, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this Website or any other Website linked to this Website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary, statutory or other damages you or others may suffer, as well as damages for lost profits, lost revenue, business interruption or the loss of data or information, even if the Company is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort (including negligence), warranty, strict or product liability or otherwise.
IV. THIRD PARTY WEBSITES
You agree that the Company encourages you to exercise discretion browsing the internet. Our Website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. The Company and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent from the Company, and the Company has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between the Company and another Website further does not mean that the Company endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other Website. The Company expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the the Company domain.
V. USE RESTRICTIONS
This Website is for your personal, non-commercial use only. You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing the Company’s name or any trademarks; to engage in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.
VI. UNLAWFUL CONDUCT
You agree that you are prohibited from posting or transmitting to the the Company Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these terms and conditions. The Company reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this Website.
VII. TERMINATION OF USE OF THIS WEBSITE
You agree that any violation of these terms and conditions, the unauthorized use of this Website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this Website. The Company reserves the right to terminate or suspend your access to this Website and its content and use at any time, with or without notice at the Company’s discretion.
VIII. PRODUCT DESCRIPTIONS
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error free. If a product offered by the Company is not as described, your sole remedy is to return it in unused condition.
IX. LIMITED AVAILABILITY AND PRICE
In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, the Company shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. The Company shall have the right to limit the number of items purchased through this Website. The Company shall have the right to refuse or cancel any order 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, the Company shall immediately issue a credit to your credit card account in the amount of the charge.
X. REVISIONS
The Company may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. The Company shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. The Company also reserves the right to revise the terms and conditions of this Website at any time. All revisions will be posted on these terms and conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these terms and conditions. If you do not accept these revisions to the terms and conditions, then you must immediately stop using this Website. We encourage users to review these terms and conditions each time you visit this Website to remain informed of any changes to them. Any revisions to these terms and conditions will not apply retroactively to disputes arising prior to the adoption of the revisions.
XI. ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
XII. CONSENT
By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use this Website.
XIII. PRIVACY POLICY
The privacy of those who visit our Website is of primary concern to the Company. We adhere to the highest ethical standards of the industry. We automatically gather some data from everyone who visits our Website, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual visitors to our Website. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain or relationship with you.
XIV. COOKIES
The Company reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data which you choose to share with us, and are not used to store any personal information such as name, address or payment information.
XV. DISCLOSURE TO AUTHORITIES
The Company cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these terms and conditions. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize the Company to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose the Company to legal liability.
XVI. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Website.
XVII. ENFORCEABILITY, GOVERNING LAW AND JURISDICTION
In the event that any of the terms or provisions of these terms and conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of this Website, and these terms and conditions, are governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflicts of law provisions. Any action against the Company arising from, or relating to, your access to and use of this Website and the provisions of these terms and conditions must be brought by you exclusively in the provincial and federal courts located in the City of Toronto, Province of Ontario. You consent and submit to the exclusive personal jurisdiction and venue of the provincial and federal courts located in the City of Toronto, Province of Ontario, for the adjudication of all claims by the Company against you arising from, or relating to, your access to and use of this Website and the provisions of these terms and conditions. You agree to waive any and all objections that you may have to Ontario law as the governing law and to the sole and exclusive venue being the City of Toronto, Province of Ontario. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services will constitute your consent to these terms.
The Company’s failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. You acknowledge and agree that you will not seek to litigate any claims against the Company or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
XVIII. LIMITATIONS ON ACTIONS
Any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.
XIX. REASONABLENESS
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
XX. OTHER PARTIES
You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
XXI. UNENFORCEABLE PROVISIONS
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
XXII. YOUR REPRESENTATIONS
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these terms and conditions.
– see more at: http://www.trainwithlyzabeth.com
If you don’t agree to the terms contained in this Agreement, please exit the Website by clicking the Back button on your browser to return to the previous page.
TERMS & CONDITIONS
7872607 CANADA INC. (the “Company”)
Last Revised February 1, 2016
The following User Agreement (“Agreement”) governs the use of www.trainwithlyzabeth.com (“Website”), including without limitation participation in its bulletin boards, forums, personal ads, chats, and all other areas (except to the extent stated otherwise on a specific page) as provided by the Company Inc. (“the Company,” “we,” or “our”).
Please read the rules contained in this Agreement carefully. You can access this Agreement any time at http://trainwithlyzabeth.com/terms. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Website.
In addition to reviewing this Agreement, please read our Privacy Policy located at http://trainwithlyzabeth.com/privacy and our Disclaimer at at http://trainwithlyzabeth.com/disclaimer. Your use of the Website constitutes agreement to their terms and conditions as well.
The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.
In addition, when using particular the Company’s products or services, you shall be subject to any posted guidelines or rules applicable to such products or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to the Company’s other remedies.
I. ACCEPTANCE OF TERMS OF USE
By using the Website, you agree to be bound by all terms and conditions contained in the Terms of Use. If you do not agree with the Terms of Use at any time, you will discontinue your use of the Website.
The Company reserves the right to update or revise the Terms of Use at its discretion and without notice. Modifications will be effective when they are posted. You are responsible for checking the Terms of Use periodically for changes. You can review the most current version of the Terms of Use at any time at http://trainwithlyzabeth.com/terms-of-use. If you continue to use the Website following the posting of any changes to the Terms of Use, you agree to be bound by these changes.
In addition, when using particular the Company products or services, you shall be subject to any posted guidelines or rules applicable to such products or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.
II. MONITORING
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Website, including in the bulletin boards, forums, personal ads, and chats, to foster compliance with this Agreement. All users of the Website hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.
III. MEDICAL INFORMATION DISCLAIMER
1. The Website is not a forum for the exchange of medical information, advice or the promotion of self-destructive behavior (e.g., eating disorders, suicide). While you may freely discuss your troubles, you should not look to the Website for information or advice on such topics. Instead, we recommend that you talk in person with a trusted adult that you know or a medical professional.
2. THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, the Company AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS WEBSITE.
3. This Website contains general information about medical conditions and treatments. The medical and healthcare information on this Website is intended as an information resource only and does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.
4. The content found on this Website, including: text, images, audio, or other formats was created is provided “as is” and at your own risk without any representations or warranties, express or implied and is for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. If you think you may be suffering from any medical condition you should seek immediate medical attention.
IV. REGISTRATION AND ACCOUNT CREATION
1. Registration Information
The Company may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Website. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available. Otherwise, contact our Privacy Policy Coordinator as described in our Privacy Policy.
2. Use of User Id/Password
A. If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
C. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website, if available, or notify our Privacy Policy Coordinator as described in our Privacy Policy.
3. Fees and Payments
A. the Company or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by the Company or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as “Fees”). The Company reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
B. If you submit your credit, debit or charge card information to the Company upon registration or otherwise, you give the Company permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to the Company for any reason, including charge back, the Company reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
V. RULES OF USAGE
1. Use of the Website by You
A. The Website is not intended for users under the age of 13, and the Company does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
B. Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
C. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
D. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Website.
E. You further agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not “cyber” or solicit another to “cyber” (participate in virtual sex) on or through the Website.
F. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, provincial, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
G. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the Website, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
H. The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (“Assets”). The Assets are protected by provincial, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.
I. The Website also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by the Company or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and “look and feel” of the Website, and advertising thereon (“Website Content”). The Website Content is protected by provincial, national and international copyright, trademark and other intellectual property laws, and is the property of the Company or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
J. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, the Company or the Website.
K. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
L. Other than connecting to the Company’s servers by http requests using a Web browser, you may not attempt to gain access to the Company’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
M. You acknowledge that the Company has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
VI. COMMENTS BY OTHERS ARE NOT ENDORSED BY the Company
The Company does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of the Company or its third party affiliates. You agree that the Company and its third party affiliates are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
VII. USE OF MATERIAL SUPPLIED BY YOU
For information regarding use of information about you that you may supply or communicate to the Website, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy or in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.
VIII. COPYRIGHT COMPLAINTS
A. The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
B. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify the Company by providing the following information to our copyright agent set forth below:
i. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
iv. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
v. 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; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Copyright Agent:
Eb Reinbergs, Esq.
E-mail: info@trainwithlyzabeth.com
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
For communications on other matters, please contact the Company as described on the Website, or e-mail info@trainwithlyzabeth.com.
IX. MERCHANDISE SOLD ON OR THROUGH THE WEBSITE
Neither the Company nor its third party affiliates make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through the Website. Transactions for any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of the Company or its third party affiliates. You agree that the Company and its third party affiliates are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the Website, including illegal, offensive or illicit items, even items that violate this Agreement.
X. INDEMNIFICATION
You agree to indemnify the Company and its affiliates, employees, agents, representatives and third party affiliates, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.
XI. TRADE-MARK INFORMATION
Lyzabethlopez.com, the Company logo, and other brand names and logos associated with the Company are trade-marks of the Company. All other company names, brand names and logos used on the Website are the trade-marks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from the Company or the trade-mark owner.
XII. COPYRIGHT INFORMATION
All Content contained on the Website is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately at info@lyzabethlopez.com.
XIII. EDITING AND DELETIONS
The Company reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.
XIV. ADDITIONAL RULES
The Company reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website. Such additional rules will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your agreement to comply with these additional rules.
XV. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS”, AND THE THE COMPANY, ITS AFFILIATES AND ITS THIRD PARTY THE COMPANYS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. THE COMPANY, ITS AFFILIATES, AND ITS THIRD PARTY THE COMPANYS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
THE COMPANY, ITS AFFILIATES AND ITS THIRD PARTY THE COMPANYS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE THE COMPANY, ITS AFFILIATES AND THIRD-PARTY THE COMPANYS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
XVI. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE
The Company has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.
XVII. JURISDICTION
The Company makes no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a provincial or federal court in the City of Toronto, Province of Ontario. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
XVIII. AUCTIONS
We may at times offer auctions on the Website; should we do so, we may use third-party the Company(s) to administer the auctions. If so, you must agree to such third party’s user agreements, contracts and rules pertaining to the use of its service. Neither the Company nor its auction the Company(s) have any control or assume responsibility for the quality, safety or legality of the items advertised. We provide a venue to bring buyers and sellers together over the Internet. If you participate in auctions on the Website, please note that the Company does not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the functionality of the auction services.
XIX. ASSOCIATED PRESS
The following provision applies to all visitors to the Website (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content). By accessing this Website, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit possible unauthorized commercial use of Associated Press materials or any portion thereof at any time.
XX. MOBILE TERMS AND CONDITIONS
The following terms and conditions govern your use of Mobile Programs offered by this Website, so please read them carefully. Your use of any aspect of the Program will constitute your agreement to comply with these terms and conditions.
If you cannot agree with these terms and conditions, please do not use the Program. These terms and conditions may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access to the Program by you will constitute your acceptance of any changes or revisions to these terms and conditions.
Your failure to follow these terms and conditions may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies. We also reserve the right to discontinue the Program, or change the content or formatting of the Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Program.
A. Your carrier’s standard messaging rates apply to all mobile text messages you initiate from our Website to your cell phone. All charges are billed by and payable to your mobile the Company.
B. You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
C. You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You shall provide all equipment and software necessary to connect to the Program, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Program.
D. You agree not to modify the format or branding of the content provided in the Program (“Content”), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this Agreement.
E. We provide the Program “as is” and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
XXI. ARBITRATION
Any dispute between the Company and a visitor or Customer of the Website shall be settled by arbitration and shall be final and binding arbitration in accordance with the applicable legislation in force in the State or Province of the Company’s choosing, except as such provisions are modified herein. The arbitration proceedings shall be held in city of the Company’s choosing and the language of arbitration shall be English. All disputes referred to arbitration shall be governed by the substantive laws of the State or Province of the Company’s choosing and the federal laws of the Company’s choosing applicable herein. Every award of the arbitrator shall be final and binding on the parties, not subject to appeal. The arbitration shall be kept confidential and the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the parties, their legal counsel, experts and consultants and any person necessary to the conduct of the proceeding. Nothing in this section shall limit the right of any party to seek extraordinary recourses in courts of competent jurisdiction, including, but not limited to, specific performance, seizures before judgment and injunctions, unless the recourse sought is in conflict with a dispute finally resolved in accordance with this section.
XXII. NO AGENCY
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and the Company or between the Company and any other user of the Website.
XXIII. ENTIRE AGREEMENT
These Terms of Use contain the entire agreement between you and the Company and govern your use of the Website and supersede any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. You may also be subject to additional terms and conditions that may apply when you use or purchase certain goods or services from the Company.
XXIV. GENERAL DISCLAIMER OF WARRANTIES
The Company makes no warranty, either express or implied with respect to any product or service, and specifically disclaims all other warranties, including, without limitation, warranties for merchantability, non-infringement and fitness for any particular purpose. The Company’s sole obligation and liability for product defects shall be, at The Company’s option, to replace such defective product or refund to buyer the amount paid by buyer therefor. In no event shall The Company’s liability exceed the buyer’s purchase price for the product or service.
The foregoing remedy shall be subject to buyer’s written notification of defect and return of the defective product within thirty (30) days of buyer’s purchase. The foregoing remedy does not apply to products that have been subjected to neglect, accident, misuse or modification, or to products that have been altered during assembly, or are otherwise not capable of being tested, or if damage occurs as a result of the failure of buyer to follow specific instructions.
In no event shall The Company be liable to the buyer or to any third party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages arising out of or relating to any product or service provided or to be provided by The Company, or the use or inability to use the same, even if The Company has been advised of the possibility of such damages.
If you don’t agree to the terms contained in this Agreement, please exit the Website by clicking the Back button on your browser to return to the previous page.
