Terms of Use

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Terms of Use This Web site (hereafter, “this Site”) is owned and operated by Agilis Fitness and AgilisFitness.com, a California (USA) company with its principal place of business in Long Beach, California for your personal, non-commercial use only. Access to and use of this Site are subject to the following terms and conditions. By using this Site, you signify your assent to these terms of use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Such changes shall be posted on this page of www.agilisfitness.com and shall become effective immediately upon posting. Visitors to this Site should periodically check for changes to these terms and conditions. Your continued use of this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please e-mail any questions regarding this policy to info@agilisfitness.com.

Intellectual Property
This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Agilis Fitness and AgilisFitness.com and Isaac Chenevey or the party credited as the provider or owner of the Intellectual Property. Text, photographs, illustrations, and other materials from Agilis Fitness and AgilisFitness.com are used with permission of Agilis Fitness and AgilisFitness.com. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Agilis Fitness and AgilisFitness.com and protected by U.S. and international copyright laws. All software used on this Site is the property of Agilis Fitness and AgilisFitness.com or commercial software suppliers and is protected by U.S. and international copyright laws.

Except as provided in subparagraph 5 below, you may view, copy, download, or print material appearing on this Site subject to the following conditions:the material may only be used for your personal, non-commercial use; the material may not be modified; all copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; the copyright notice and permission notice: “Copyright ©2013 Agilis Fitness and AgilisFitness.com. All rights reserved.” must appear on each copy.

Any other actions including, but not limited to, the copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site’s design, or the Agilis Fitness and AgilisFitness.com logos without the express written permission of, Agilis Fitness and AgilisFitness.com, or other owners of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited.

User Submissions
Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Agilis Fitness and AgilisFitness.com. You agree that any submissions, in whole or in part, may be used by Agilis Fitness and AgilisFitness.com or any of its affiliates for any purpose including reproduction, transmission, publication, broadcast, and posting. You additionally agree that Agilis Fitness and AgilisFitness.com is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.

Trademarks
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the Trademarks of Agilis Fitness and AgilisFitness.com, and others. Nothing contained in this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of Agilis Fitness and AgilisFitness.com or the third party that owns the Trademarks displayed on this Site. Your use of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these terms and conditions, is strictly prohibited.

Disclaimer, Limitations of Liability, and Indemnity
This Site could include technical or other inaccuracies or typographical errors.

AGILIS FITNESS AND AGILISFITNESS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENTS OR OF THE CONTENT OF ANY SITE OR SITES LINKED TO THIS SITE. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

UNDER NO CIRCUMSTANCES WILL AGILIS FITNESS AND AGILISFITNESS.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF ANY OF OUR SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF AGILIS FITNESS AND AGILISFITNESS.COM, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY OF OUR SITES WILL NOT EXCEED THE AMOUNT YOU PAID TO US TO USE THE SITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF AGILIS FITNESS AND AGILISFITNESS.COM, ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

This Site may include links to other Internet sites, both related and unrelated to this Site, which may be of interest to users. Additionally, other sites may link to this Site with or without the permission of Agilis Fitness and AgilisFitness.com. Agilis Fitness and AgilisFitness.com is not responsible for the content or availability of these sites. Descriptions of or references to companies, products, or publications not owned by Agilis Fitness on this Site or any linked site do not imply any endorsement of such companies, products, or publications by Agilis Fitness. Agilis Fitness and AgilisFitness.com shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the companies, services, or publications accessed through this Site.

Agilis Fitness and AgilisFitness.com, its affiliates, their directors, officers, employees, shareholders, agents, or any others involved in the creation of this Site shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of your access to or use of any content of this Site or any sites to which this Site links or is linked. Nor is Agilis Fitness and AgilisFitness.com responsible for or liable for any damage, including damage caused by viruses, to your computer, computer system, or other property during or on account of access or use of this Site or any sites to which this Site links or is linked.

Furthermore, you agree to defend, indemnify, and hold harmless Agilis Fitness and AgilisFitness.com and its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from, or related to, your use of the Site or your breach of any of the terms of this agreement.

Users Outside the U.S.
This Site is available internationally and may contain references to products or services not available in all countries. Agilis Fitness and AgilisFitness.com does not market all of its products or services in all countries. Some Agilis Fitness products sold outside of the United States may be formulated differently from the products referred to in this Site. Check the label for ingredient and nutrient information.

Applicable Law
This Site is created and controlled by Agilis Fitness and AgilisFitness.com in the state of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Agilis Fitness and AgilisFitness.com makes no representations that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The terms and conditions for use of this Site shall be governed by and construed in accordance with the statutes and the laws of the state of California, without giving effect to any principles of conflicts of law. You and Agilis Fitness and AgilisFitness.com agree and hereby submit to the exclusive personal jurisdiction and venue of Los Angeles County, California, and the assigned United States District Court for the purposes of litigating any action arising from or relating to your use of this Site. If any part of these terms and conditions is declared unlawful, void, or for any reason unenforceable, then that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire Agreement between you and Agilis Fitness and AgilisFitness.com with respect to the use of this Web site.

Copyright
Contents on this site are copyright 2005-2013 by Agilis Fitness or its affiliates or licensors. Unauthorized distribution or reproduction is forbidden. If you have questions or wish to obtain more information from or about Agilis Fitness, please visit AgilisFitness.com.