Please read the following statements carefully, as they address the rules of engagement between us.
With regard to unrestricted, free access to proprietary content published by Personal Best Personal Training, you agree to provide accurate information for all registration forms on this website. You may access, download and print materials on this Website for your personal and non-commercial use. You 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 Website without first obtaining written consent from Brandon Partners. Furthermore, you may not use the materials found on this Website on any other Websites or in a networked environment without first obtaining written consent from Brandon Partners.
Third Party References / Hyperlinks
The Website may from time to time provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website. You agree that the Company is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that the Company is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that the Company is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Disclaimer of Warranties
The Website is provided on an “as available” basis. The Company makes no warranties of any kind, express or implied, as to the operation of this Website, or the information, content or materials included on this Website. You agree that your use of this Website is at your sole risk. You should not assume that the materials on this Website are continuously updated or contains current information. The Company is not responsible for providing content or materials that have expired or been removed.
The Company and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall the Company and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company may make improvements and/or changes in the product(s) and/or program(s) described herein at any time.
Limitation of Liability
The Company shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading materials from its Website. In no event shall the Company be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if the Company has been previously advised of the possibility of such damage.
You agree to hold the Company harmless from, and you covenant not to sue the Company for, any claims based on using the Website.
Upon a request by the Company, you agree to defend, indemnify and hold harmless Masterful Marketing, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to, use or misuse of the Site.
Severability and Integration
The Company reserves the right to modify or discontinue, temporarily or permanently, the website as a whole and/or any or all of the website features, products, prices of products, promotions, services or information appearing on, or available through, any or all of the website with or without notice to you. You agree that the Company shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
Viruses, Hacking and Other Offenses
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Massachusetts. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Massachusetts. You and Personal Best Personal Training agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.