Changes to the Terms of Use
ProFlex.Fitness reserves the right to modify these Terms of Use at any time and will publish notifications of material modifications in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.
By continuing to access the Site after notice of such modifications have been published, you signify your agreement to be bound by them. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Site
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entirety of the Site, to users.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection comply with these Terms of Use.
Reprints and Permissions
If you would like to use or reprint any of ProFlex.Fitness copyrighted and trademarked content, you are welcome to do so, as long as you provide credit in the form of this text: " www.PROFLEX.FITNESS DIY HOME GYM MODS and HACKS " next to any image, text or video from this website.
Intellectual Property Rights
The Site and all of their contents, features, and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ProFlex.Fitness, its licensors, or other provider of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the material on the Site only for your own personal, non-commercial use.
Trademarks
ProFlex.Fitness and all related names, logos, product and service names, designs, and slogans are registered trademarks of ProFlex.Fitness. You may use our text: " www.PROFLEX.FITNESS DIY HOME GYM MODS and HACKS " to give credit to us for the information you will provide to others or just yourself. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
Linking to Website and Social Media Features
You may link to our homepage or other pages on the Site provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation.
Prohibited Uses of the Site
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
⦁ In any way that violates any applicable federal, state, local, or international law or regulation.
⦁ For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
⦁ To impersonate or attempt to impersonate ProFlex.Fitness, a ProFlex.Fitness employee, another user, or any other person or entity.
⦁ To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm ProFlex.Fitness or users of the Site or expose them to liability.
Additionally, you agree not to interfere with or attempt to interfere with the proper working of the Site, including but not limited to:
⦁ Use the Site in a manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
⦁ Use any device, software or routine that interferes with the proper working of the Site; introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
⦁ Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or
⦁ Attack the Site via a denial-of-service attack or distributed denial-of-service attack.
Engaging in a prohibited use of the Site may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
User Contributions
The Site may contain features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By posting any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution.
You represent and warrant that you own or control all rights in and to the User Contributions, including the right license such User Contributions, and that all of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not ProFlex.Fitness, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Disclosure, Monitoring, and Enforcement Related to User Contributions
We have the right to:
⦁ Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
⦁ Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
⦁ Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
⦁ Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
⦁ Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PROFLEX.FITNESS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards for User Contributions
These Content Standards apply to any and all User Contributions. You are responsible for your own User Contributions, and you agree that, to the best of your knowledge, your User Contributions will be truthful and accurate. Do not make User Contributions that involve the following:
⦁ Securities for sale, barter, or exchange
⦁ Harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others
⦁ Illegal activities
⦁ Impersonation of any person or entity, or falsely state or misrepresent your affiliation with a person or entity
⦁ Infringement of another's intellectual property of any type, including, but not limited to, trade secrets, trademarks, and copyrights
⦁ Obscene, vulgar, hateful, or offensive language or images
⦁ Commercial advertising
⦁ Gambling, contests, chain letters, "pyramid schemes," or "multi-level marketing" schemes
⦁ Violations of any applicable local, state, national, or international law in connection with your use of the Sites, including securities laws and regulations.
⦁ Personally attacking the author of a post or other users
Furthermore, you agree that, if a third party claims that any User Contribution you have contributed to the Site is unlawful, you will bear the full burden of establishing that the User Contribution complies with all applicable laws.
How to Report Violations
If you believe that any content on the Site violates the Terms of Use, please notify the Site by sending an email to Nikki@ProFlex.Fitness
This Site does not guarantee that any action will be taken as a result of your e-mail.
Disclaimer and Limitation on Liability
This Site and any information, products, or services therein are provided on an "as is" basis, without any warranties of any kind, either express or implied. ProFlex.Fitness hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
ProFlex.Fitness does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of the Site or information obtained from or through the Site is at your own risk.
In no event will ProFlex.Fitness, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to the Site, any content on the Site or such other websites or any services obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Neither ProFlex.Fitness nor the Site are an intermediary, broker/dealer, investment advisor, or exchange, and neither provides services as such.
The Site may offer health, fitness, nutritional and other related information, but such information is designed for educational and informational purposes only. Such information does not and is not intended to convey medical advice. ProFlex.Fitness is not responsible for any actions or inaction on your part based on the information in the Site. Please consult a physician or medical professional for personal medical advice.
Choice of Law and Forum
You agree that any dispute arising out of or relating to the Site, these Terms of Use, or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Florida as the legal forum for any such dispute.
Copyright Policy
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "DMCA"), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please fill out the Notice of Infringement form below and email it to us.
The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
⦁ A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
⦁ Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site.
⦁ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
⦁ Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
⦁ A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
⦁ A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
⦁ Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Our designated agent to receive copyright infringement notifications is listed below on the *Notice of Infringement .PDF form. Please email a separate Notice of Infringement each time you would like to report an alleged act of infringement.
Indemnification
You agree to indemnify, defend, and hold harmless ProFlex.Fitness from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Sites, or your placement of any content onto the Site, and to fully cooperate in ProFlex.Fitness' defense against any such claims.
Waiver and Severability
No waiver of by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
Integration
These Terms of Use constitute the entire agreement between you and ProFlex.Fitness with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
Directions: Click on the link above to download the form, Save to your desktop or anywhere you want on your computer, Fill-In the form, Save It and Email as an attachment to: Nikki@ProFlex.Fitness
