Provider reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Focus Fitness’s Web shall be subject to the current terms and conditions as published on our website at www.SoulFocusFitness.com.
By accessing Focus Fitness’s Web site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Focus Fitness’s Web site shall be governed by the laws of New Jersey. The materials contained in Focus Fitness’s Web site are protected by applicable copyright and trade mark laws.
Electronic forums, such as email distribution lists and UseNet newsgroups, all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
No Endorsement of Third Party Content
Focus Fitness’s Web site contains links to and frames of sites that are not maintained by Focus Fitness. Focus Fitness is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Focus Fitness’s Web site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
Disclaimer and Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT FOCUS FITNESS, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SOULFOCUSFITNESS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. SITE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SOULFOCUSFITNESS.COM.
NEITHER, FOCUS FITNESS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
In no event shall Focus Fitness employees, management, consultants or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Focus Fitness’s Web site, even if Focus Fitness has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Blogs, Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Focus Fitness or its service providers, affiliates, associates, subsidiaries or partners and Provider makes no representations or warranties regarding that information or those opinions. Neither Focus Fitness or its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Focus Fitness hereby grants you a limited license to view on your computer, print, download and use any content made available on Focus Fitness’s Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Focus Fitness or any other party who owns or has proprietary rights to the content, information and materials provided on Focus Fitness’s Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Focus Fitness or by other parties that have licensed their material to Focus Fitness. Material from this Web site or from any other web site owned, operated, licensed or controlled by Focus Fitness may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Changes and Improvements
Focus Fitness may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Focus Fitness’s Web Site, including the terms and conditions of your use of this Web site, without liability.
Due to the nature of the Internet, it is not possible for Focus Fitness to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Focus Fitness. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Focus Fitness intends to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained in Focus Fitness’s Web site are presented solely for the purpose of entertainment in the United States of America. This site is controlled and operated by Focus Fitness from its offices in Eatontown, N.J. Focus Fitness makes no representation that any of the materials contained in Focus Fitness’s Web 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.
This agreement shall be governed by and construed in accordance with the laws of the state of New Jersey. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Focus Fitness appreciates and respects the privacy concerns of the visitors to its Web site. As a general policy, no personal information is automatically collected from customers visiting this web site. However, certain information is recorded as a matter of course by Focus Fitness’s servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service provider. Collecting this information allows Focus Fitness to optimize the visitor’s Web site experience. E‑mail addresses and other personally identifiable data about visitors to this site are known to Focus Fitness only if and when voluntarily submitted by the visitor. All personal information collected by Focus Fitness is retained by Focus Fitness and not sold or otherwise provided to third parties. Focus Fitness sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided Focus Fitness with their email addresses for specific purposes such as receiving newsletters or other information. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.
By posting/sending a message in the bulletin board/e‑mail area, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Focus Fitness will attempt to post as many messages as possible, cannot promise to post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Focus Fitness. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Focus Fitness. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
(a) You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
(b) You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.
(c) You may not interfere with other users’ use of the web site.
(d) You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
(e) You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Focus Fitness’s intention to discourage its users from taking controversial positions or expressing vigorously what may be unpopular views; however. Focus Fitness reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful. We will take down anything posted that violates these terms.
(f) Any information provided to Focus Fitness shall be provided by the submitter and received by Focus Fitness on a non‑confidential basis. Focus Fitness will only accept submissions made by registered users of Focus Fitness. Focus Fitness shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of Focus Fitness.
(g) You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Web site for goods or services except in those areas (e.g., blog, forum) that are designated for such purpose. We will take down anything posted that violates these terms.
(h) You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
(i) You may not post any e-mail or materials that would be considered a violation of any law. Focus Fitness will take down anything that violates these terms and co‑operate fully with any law enforcement authorities or court order requesting or directing Focus Fitness to disclose the identity of anyone posting any such e-mail or materials.
You agree to indemnify Focus Fitness and its officers, directors, employees, agents, distributors, consultants and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
Submission of Ideas by Users
You agree to grant to Focus Fitness a non‑exclusive, royalty‑free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Focus Fitness’s site(s) or which you provide by email or any other means to Focus Fitness and in any media now known or hereafter developed. Further, you grant to Focus Fitness the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Focus Fitness for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Focus Fitness.