OCSeniorFitness.com
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
OC Senior Fitness may revise and update these Terms and Conditions at any time. Your continued usage of the OC Senior Fitness website ("OC Senior Fitness Site," or the "Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the OC Senior Fitness Site, such as text, graphics, images, information obtained from OC Senior Fitness' licensors, and other material contained on the OC Senior Fitness Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always 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 the OC Senior Fitness Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. OC Senior Fitness does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by OC Senior Fitness, OC Senior Fitness employees, others appearing on the Site at the invitation of OC Senior Fitness, or other visitors to the Site is solely at your own risk.
CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
USE OF CONTENT.
OC Senior Fitness authorizes you to view or download a single copy of the material on the OC Senior Fitness Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2006-2007, OC Senior Fitness, All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the OC Senior Fitness Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with OC Senior Fitness or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of OC Senior Fitness. All rights not expressly granted herein are reserved to OC Senior Fitness and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF OC SENIOR FITNESS AND ITS LICENSORS.
The use of the OC Senior Fitness Site and the Content is at your own risk. When using the OC Senior Fitness Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of OC Senior Fitness and its suppliers. Accordingly, OC Senior Fitness assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the OC Senior Fitness Site. The OC Senior Fitness Site and the content are provided on an "as is" basis.
OC SENIOR FITNESS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, OC Senior Fitness, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the OC Senior Fitness Site or OC Senior Fitness.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the OC Senior Fitness Site.
In no event shall OC Senior Fitness, its licensors, its suppliers, or any third parties mentioned on the OC Senior Fitness Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the OC Senior Fitness Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not OC Senior Fitness, its licensors, its suppliers, or any third parties mentioned on the OC Senior Fitness Site are advised of the possibility of such damages. OC Senior Fitness, its licensors, its suppliers, or any third parties mentioned on the OC Senior Fitness Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. OC Senior Fitness, its licensors, its suppliers, or any third parties mentioned on the OC Senior Fitness Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS.
The personal information you submit to OC Senior Fitness is governed by the OC Senior Fitness Privacy Policy. To the extent there is an inconsistency between this Agreement and the OC Senior Fitness Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or transmit to OC Senior Fitness by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to OC Senior Fitness by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to OC Senior Fitness by email, you automatically grant — or warrant that the owner of such content or intellectual property has expressly granted — OC Senior Fitness a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. OC Senior Fitness may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to OC Senior Fitness by email. We try to answer every email in a timely manner, but are not always able to do so.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
OC Senior Fitness may provide links to third-party web sites. OC Senior Fitness also may select certain sites as priority responses to search terms you enter and OC Senior Fitness may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. OC Senior Fitness does not recommend and does not endorse the content on any third-party websites. OC Senior Fitness is not responsible for the content of linked third-party sites, sites framed within the OC Senior Fitness Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. OC Senior Fitness does not endorse any product advertised on the OC Senior Fitness Site.
INDEMNITY.
You agree to defend, indemnify, and hold OC Senior Fitness, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL.
OC Senior Fitness is based in Orange County, California, in the United States of America. OC Senior Fitness makes no claims that OC Senior Fitness Contents are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the OC Senior Fitness Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with OC Senior Fitness, or in any way relating to your use of the OC Senior Fitness Site, resides in the courts of the State of California. and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving OC Senior Fitness or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting OC Senior Fitness's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
OC Senior Fitness's agent for copyright issues relating to this web site is as follows:
OC Senior Fitness
20122 Santa Ana Avenue, Suite 4D
Santa Ana Heights, CA 92707
copyright@OC Senior Fitness.com
Or call: 949-689-4160
In an effort to protect the rights of copyright owners, OC Senior Fitness maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the OC Senior Fitness Site, these Terms and Conditions and the OC Senior Fitness Privacy Policy and Agreement constitute the entire agreement between you and OC Senior Fitness with respect to the use of the OC Senior Fitness Site, and Content.
Thank you for your cooperation. We hope you find the OC Senior Fitness Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form. We try to answer every email in a timely manner but are not always able to do so.
© 2006 OC Senior Fitness, All rights reserved.