The entire content included in this website, 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 YOUTH FITNESS MAGAZINE. The collective work includes works that are licensed to YOUTH FITNESS MAGAZINE. Copyright 2009, YOUTH FITNESS. ALL RIGHTS RESERVED. 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 website solely for your own non-commercial use, or to purchase YOUTH FITNESS MAGAZINE goods and services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by YOUTH FITNESS MAGAZINE in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
Trademarks / Intellectual Property
All trademarks, service marks and trade names of YOUTH FITNESS MAGAZINE used in the website (including but not limited to the YOUTH FITNESS MAGAZINE name, registered trademarks of DOUG HIX ENTERPISES. They may not be used without YOUTH FITNESS MAGAZINE’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, is the sole property of YOUTH FITNESS MAGAZINE and/or its licensors.
User Generated Content
YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers does not, and you agree that YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website or its affiliated or related entities or content providers (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on this website) (collectively, “User Generated Content”), that YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers is not in any manner responsible for User Generated Content, that YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers does not guarantee the accuracy, integrity or quality of User Generated Content, and that YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website or its affiliated or related entities or content providers, YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that YOUTH FITNESS MAGAZINE or affiliate YFITTV has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.
Use of Information Submitted
You agree that YOUTH FITNESS MAGAZINE is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on any of the YOUTH FITNESS MAGAZINE websites), or contained in any communication you may send to YOUTH FITNESS MAGAZINE or its affiliated or related entities or content providers or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
You agree to indemnify, defend, and hold harmless YOUTH FITNESS MAGAZINE or its affiliated or related entities, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this website.
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUTH FITNESS MAGAZINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUTH FITNESS MAGAZINE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUTH FITNESS MAGAZINE DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE 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.
YOUTH FITNESS MAGAZINE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST YOUTH FITNESS MAGAZINE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
YOUTH FITNESS MAGAZINE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF YOUTH FITNESS MAGAZINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your use of this website shall be governed in all respects by the laws of the state of Georgia, 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. Specifically, this Agreement shall be subject to laws of the State of Georgia. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of YOUTH FITNESS MAGAZINE or its affiliated or related entities has no control over these linked websites products, goods, and services) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Fulton County, Georgia. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of YOUTH FITNESS MAGAZINE or its affiliated or related entities has no control over these linked websites products, goods, and services) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from YOUTH FITNESS MAGAZINE or its affiliated or related entities. You agree that any notice, agreement, disclosure or other communication that YOUTH FITNESS MAGAZINE or its affiliated or related entities sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. YOUTH FITNESS MAGAZINE or its affiliated or related entities 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. YOUTH FITNESS MAGAZINE or its affiliated or related entities may assign its rights and duties under this Agreement to any party at any time without notice to you.
These terms and conditions are applicable to you upon your accessing the website. YOUTH FITNESS MAGAZINE or its affiliated or related entities reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by YOUTH FITNESS MAGAZINE or its affiliated or related entities without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.