Acceptance of Contract Terms
The following are terms of a legal agreement between you and www.gopherfitness.com.
This Web site (hereafter, "Site") is owned, controlled and operated
by Gopher Fitness, LLC, a Minnesota Limited Liability Company, for your personal,
non-commercial use only. By accessing, browsing and/or using this site, you
acknowledge that you have read, understood, and agree, to be bound by these
terms and to comply with all applicable laws and regulations. If you do not
agree to these terms, do not use this Site. The material provided on this Site
is protected by law, including, but not limited to, United States Copyright
Law and international treaties. Gopher
Fitness, LLC
makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their
contents are illegal is prohibited. Those who choose to access this Site from
other locations do so on their own initiative and are responsible for compliance
with applicable local laws.
Use Restrictions
The copyright in all material provided on this Site is held by Gopher
Fitness, LLC.
Except as stated herein, none of the 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 Gopherfitness.com's logos may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the express written permission
of Gopher
Fitness, LLC
or the owner of the Intellectual Property. Permission is granted to display,
copy, distribute and download the materials on this Site for personal, non-commercial
use only, provided you do not modify the materials and the copyright notice
and permission notice: "Copyright © 2005-2007 Gopher
Fitness, LLC.
All rights reserved. Protected by the copyright laws of the United States and
international treaties." must appear on each copy. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded and printed materials. You also
may not, without Gopher
Fitness, LLC's
permission, "mirror" any material contained on this Site on any other
server. Any unauthorized use of any material contained on this Site may violate
copyright laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and
displayed on this Site are registered and unregistered Trademarks of Gopher
Fitness, LLC and others. Nothing on this Site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any Trademark displayed on the Site, without the written permission of the Trademark
owner. Gopher Fitness, LLC aggressively enforces its intellectual
property rights to the fullest extent of the law. The name of Gopherfitness.com
or the Gopherfitness.com logo may not be used in any way,
including in advertising or publicity pertaining to distribution of materials
on this Site, without prior, written permission. Gopher Fitness,
LLC prohibits use of the Gopherfitness.com logo
as a link to any third-party site unless establishment of such a link is approved
in advance by Gopher
Fitness, LLC
in writing.
Our Transmissions
Any material, information or idea you transmit to or post on this Site by any
means will be treated as non-confidential and non-proprietary, and may be disseminated
or used by Gopher
Fitness, LLC
or its affiliates for any purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products. Notwithstanding the foregoing,
all personal data provided to Gopherfitness.com
will be handled in accordance with Gopher
Fitness, LLC's
Privacy Policies. You are prohibited from posting or transmitting to or from
this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material, or any other material that
could give rise to any civil or criminal liability under the law.
Disclaimer Warranty
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO THE APPLICABLE LAW, GOPHERFITNESS.COM DISCLAIMS ALL WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
AST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY,
ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING,
THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
The content of this web site is provided for informational purposes and is intended for your education and enrichment only. Because this web site evaluates and gives information pertaining to a variety of dietary supplements, the Federal Trade Commission may consider it an advertisement. Furthermore, the statements listed within have not been reviewed or evaluated by the Food and Drug Administration. The ideas expressed in this publication are not intended as, and should not be construed as, a substitute for professional advice, care or attention from a physician or other healthcare practitioner. This web site is not intended to deliver professional advice or other healthcare services and the information herein should not be relied upon for personal diagnosis, treatment or any other health related purpose. Always consult your own physician or other competent healthcare professional for the care appropriate for you and for answers to your questions or concerns about your individual conditions, or a program of treatment.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GOPHERFITNESS.COM
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE,
OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF GOPHERFITNESS.COM
OR A GOPHER FITNESS, LLC AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM
THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
Users Outside the U.S.
This Site is available internationally and may contain references to products
or services not available in all countries. Gopher
Fitness, LLC
does not market all of its products or services in all countries. Some Gopherfitness.com
products sold outside of the United States may be formulated, packaged, or labeled
differently from the products shown in this Site. Check the label for ingredient
and nutrient information.
Applicable Law
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 Minnesota, without
giving effect to any principles of conflicts of law. You and Gopher
Fitness, LLC
agree and hereby submit to the exclusive personal jurisdiction and venue of
Hennepin County, Minnesota and the United States District Court for the District
of Minnesota 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
Gopher
Fitness, LLC
with respect to the use of this Site.
Term of Use Revisions
Gopher
Fitness, LLC
may at any time revise these Terms and Conditions of Use by updating this posting.
By using this Site, you agree to be bound by any such revisions and should therefore
periodically visit this page to determine the then current Terms and Conditions
of Use to which you are bound.