WEBSITE TERMS AND CONDITIONS OF USE
Please read these terms carefully before using this website.
The materials located at www.nerdfitness.com, www.nerdfitnessrebellion.com, and all subdirectories (collectively the “Site”), are provided by Level Up Enterprises, Inc. (“Level Up Enterprises”) as a service to its customers and may be used for informational purposes only. By visiting or downloading any materials from this Site, you agree to these Website Terms and Conditions of Use (“Terms”). If you do not agree to these Terms, do not access or otherwise use the Site.
Level Up Enterprises reserves the right to update, modify or amend these Terms at any time, and any such updates, modifications or amendments will be binding on you. Because these Terms are binding upon you in connection with any use you make of the Site at any time, you should regularly check for changes before proceeding to use this Site.
The section headings used in these Terms are for reference purposes only and shall not be used in the interpretation of the meaning of these Terms.
Site Content and Intellectual Property
This Site as a whole, as well as all materials, images, text (other than user information), illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up this Site (collectively, the “Content”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Content are owned or licensed by Level Up Enterprises and/or its affiliated companies.
Nerd Fitness and the NF logo are trademarks or registered trademarks of Level Up Enterprises and its subsidiaries in the United States and other countries. These trademarks may not be used without express permission from Level Up Enterprises.
Level Up Enterprises grants you a limited, nonexclusive, nontransferable, non-sublicensable, right and license to access and use the Site and its Content for purposes of general browsing, participating in user forums and user submissions, and/or conducting business with Level Up Enterprises. In all events, however, you shall not be permitted to, you shall not, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Content for any purposes or in any manner other than as intended and expressly authorized in writing by Level Up Enterprises; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Content on the Site; or (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or its Content. You may not reproduce any Content on your personal website, blog, social network, or any other online resource without Level Up Enterprises’ express written permission or as allowed by any license terms entered into with Level Up Enterprises. Level Up Enterprises may terminate this license at any time if you are in breach of the Terms set forth herein. Upon termination, you will immediately destroy and make no further use of any downloaded materials or Content, and upon request, you will certify this to Level Up Enterprises in writing.
You must be at least 18 years of age to view any page or other correspondence or Content from this Site. You understand, acknowledge and agree that Level Up Enterprises cannot and shall not be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any Content on this Site.
You acknowledge that some areas of the Site may from time to time be restricted and accessible only to certain users via password. As part of the registration process, each user will submit his or her email address and select a password. You shall provide Level Up Enterprises with accurate, complete, and updated account information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You agree to access and use only those areas of the Site that have been authorized for your use and to refrain from using any password or account information of any third party. You agree to immediately notify Level Up Enterprises of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. You agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.
You must not use this Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure. Doing so may result in termination of your account.
Terms of Sale
All products and services on the Site are sold by Level Up Enterprises. Your placement of an order through the Site is deemed your acceptance of an order. Once you place an order through the Site, you will be directed to an order confirmation page and an email confirming your order will be sent to the email address you provided to Level Up Enterprises. All purchases must be made with an acceptable method of payment as stated at checkout, provided that Level Up Enterprises reserves the right to change its accepted payment methods at any time. Level Up Enterprises will provide notice if its accepted payment methods change after you place an order. All prices are quoted in U.S. currency and all orders must be transacted in the same.
You represent that all information provided to Level Up Enterprises when you place an order through this Site will be accurate, complete, and current. You are responsible for paying any applicable taxes and processing charges relating to any purchase you made through this Site.
These Sale Terms are subject to change without prior written notice at any time and at Level Up Enterprises’ sole discretion. By placing an order for products through the Sites, you agree to be bound by and accept these Terms in effect at the time of such order.
Prices & Availability
The availability and pricing of Level Up Enterprises Products and Services is subject to change without notice. If a product is not in available when you place an order (for example, not yet available or sold out), we will do our best to advise you when we anticipate the product will become available. Anticipated availability dates are subject to change.
Except as otherwise agreed in writing by an authorized Level Up Enterprises representative, any and all materials (including user- and visitor-generated materials) submitted to Level Up Enterprises either via email, comment forms, or any other page hosted at this Site or its content aggregation systems will be considered non-confidential and non-proprietary (“User Materials”). You hereby grant Level Up Enterprises a world-wide, non-exclusive, royalty-free, perpetual, sublicensable and assignable right and license to use, reproduce, publish, distribute, compile and display any User Materials submitted by you as Content on the Site. You waive any claim you have or may have under any theory of natural rights, including Droit Morale, or any right of attribution under the copyright law of any jurisdiction with respect to those User Materials, to the extent this waiver is recognizable under the law of the relevant jurisdiction. Level Up Enterprises reserves the right to alter, remove, re-post, re-purpose, market, or trade any such User Materials. Level Up Enterprises will have no obligations with respect to such materials. By submitting or transmitting User Materials, you hereby confirm that your contribution of any such material is your own original work and does not infringe any third party rights or laws. Please note that all User Materials submitted may be viewable to anyone on the Internet, and may be found via search engines. Please be cognizant of what you post. We cannot delete user accounts or posts once created.
Level Up Enterprises may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to message boards, chat rooms, or other user forums, and the content of any such communications. Level Up Enterprises, however, will have no liability related to the content or use of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Level Up Enterprises, in its sole discretion and without any prior notice or liability to any user, reserves the right to shut down any user forum or to disable the functionality for users to transmit or post communications or to communicate with each other, and/or to remove any materials or user-generated communication that Level Up Enterprises deems to be offensive, unlawful, threatening, libelous, defamatory, obscene, pornographic, or in violation of any third party right or law.
Notification of Copyright Infringement
Level Up Enterprises respects the intellectual property rights of others and has established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). Notices should be submitted to Level Up Enterprises’ copyright Agent:
Seyfarth Shaw LLP
1075 Peachtree St NE
Atlanta, GA 30309
To be effective, the notice should include:
- 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 a representative list of such works;
- 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 Level Up Enterprises to locate the material on the Site;
- Information reasonably sufficient to permit Level Up Enterprises 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; and
- 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.
Visitors who use this Site and rely on any information do so at their own risk.
THIS SITE AND ALL MATERIALS AND CONTENT, INCLUDING PURCHASES OF LEVEL UP ENTERPRISES GOODS AND SERVICES FROM THIS SITE, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL LEVEL UP ENTERPRISES OR ITS OWNERS, AFFILATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENT, MATERIALS OR IDEAS ON THE SITE, EVEN IF LEVEL UP ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE ENTIRE LIABILITY OF LEVEL UP ENTERPRISES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR LEVEL UP ENTERPRISES PRODUCTS AND SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LEVEL UP ENTERPRISES FOR ACCESS TO OR USE OF THE SITES OR EXCEED THE PURCHASE PRICE FOR LEVEL UP ENTERPRISES PRODUCTS AND SERVICES.
YOUR REMEDIES WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE ARE TO (1) TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SITE or (2) REQUEST A REFUND OF THE PURCHASE PRICE FOR DIGITAL PRODUCTS WITHIN 60 DAYS OF PURCHASE (UNLESS OTHERWISE SPECIFIED ON THE PURCHASE PAGE FOR THAT SPECIFIC PRODUCT OR EVENT). NERD FITNESS COACHING PAYMENTS ARE NON-REFUNDABLE UNLESS OTHERWISE SPECIFIED.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Level Up Enterprises and its agents or contractors further do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within this Site or its Content. Level Up Enterprises may make changes to this Site or its Content at any time without notice.
Some Content found on the pages of this Site is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Level Up Enterprises. Level Up Enterprises accepts no responsibility for any loss or harm incurred from the use of this Site or any of its Content.
The information on this Site is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this Site without first consulting with a qualified professional. The materials are not intended to be nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between Level Up Enterprises and you. The owners, editors, contributors, administrators, and other staff of Level Up Enterprises are not qualified professionals, and are simply aggregating information found online for entertainment purposes only.
By using this Site, you hereby forfeit any and all claims, past, present, and future, relating to your use of this Site and its Content, against the owners, officers, directors, agents, contractors, editors, contributors, administrators, and other staff of Level Up Enterprises.
Level Up Enterprises is not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or information expressed within those websites.
Viruses, Damage and Availability
Level Up Enterprises makes no warranty or claim that functions available on this Site will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the Content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any Content from this Site.
Limited Liability and Indemnification
Level Up Enterprises and its officers, employees, contractors, or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any Content, information, function, or service this Site or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence).
You agree to indemnify, defend and hold harmless Level Up Enterprises, its contractors, licensors, directors, officers, owners, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of these Terms.
Though Level Up Enterprises makes a reasonable effort to maintain the resources of this Site, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. Level Up Enterprises makes no commitment to update the materials or ideas contained within this Site or its attached documents. As noted above, by using this Site you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other Content on this Site or any of its Content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this Site or its parent company in any way.
The federal laws of the United States or the State of Georgia’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms. Any dispute related to the Terms or the Site itself will be decided by the state and federal courts in Fulton County, Georgia, and each party will be subject to the jurisdiction of those courts.
These Terms and other policies posted on this Site constitute the entire agreement between you and Level Up Enterprises in connection with your use of this Site and its Content, and supersedes any prior agreements between you and Level Up Enterprises regarding use of this Site, including prior versions of these Terms.
Level Up Enterprises reserves the right at its sole discretion to restrict your access to the Site, suspend or terminate your account and/or subscription to the email list. Termination will be effective without notice. In the event of termination, the disclaimers, protection of Level Up Enterprises’ Intellectual Property, limitations of liabilities and indemnification set forth in these Terms will survive. These Terms and Conditions will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site, except that in the event of a conflict between such other terms and the terms of these Terms, these Terms and Conditions will control.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Level Up Enterprises reserves all rights not expressly granted in these Terms. You may not assign any rights granted to you in these Terms. Nothing in these Terms shall constitute a partnership or joint venture between you and Level Up Enterprises. The failure of Level Up Enterprises at any time or times to require performance of any provision in these Terms shall in no manner affect its right at a later time to enforce the same unless waived in writing.
If you have any questions or concerns about these Terms or the Site, including information on refunds, cancelations, or renewals, please contact us at firstname.lastname@example.org
These Terms and Conditions were last updated on June 16, 2016.
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