Terms of Use

Advanced Research Media, Inc. ("ARM") provides its services to you subject to the following Terms and Conditions. If you visit or shop at the fitnessrxwomen.com website, you accept these Terms of Use. If you do not agree to be bound by all of these Terms of Use, please do not use or access this site.

The contents of this site, including the text, graphics, images, information obtained from ARM’s third-party content providers, sponsors, suppliers, and licensors (collectively "Providers") and other material are to be used for informational purposes only. Nothing stated or presented on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding an exercise regimen, medical condition, your diet, nutritional supplements or any other matter related to your health and well-being.

You must be eighteen (18) years of age or older to use and access this site. If you are younger than eighteen (18) years of age, please leave this site immediately.

ELECTRONIC COMMUNICATIONS

When you visit our Web site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LICENSE AND SITE ACCESS

ARM grants you a limited license to access and make personal use of this site and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of ARM. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of ARM. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ARM without ARM’s express written consent. You may not use any metatags or any other hidden text utilizing ARM’s name or trademarks without the express written consent of ARM. Any unauthorized use terminates the permission or license granted by ARM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the fitnessrxwomen.com website so long as the link does not portray ARM, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any ARM logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ARM and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

DISCLAIMERS AND LIMITATION OF LIABILITY

As a user of this site you expressly agree that use of this site is at your sole risk. Neither ARM, nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents, nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this site or the results that may be obtained from the use of the information provided on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site. ARM and its affiliates and subsidiaries, and their officers, directors, employees, representatives or agents are collectively referred to as "ARM."

ARM does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. You are advised to exercise their own further informed review, judgment and evaluation in the selection of any and all medical professionals and health information.

THIS SITE IS PROVIDED BY fitnessrxwomen.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ARM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL ARM OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEB SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THIS SITE, EVEN IF ARM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ARM ‘S LIABILITY EXCEED $500.00. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ARM, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall ARM or any other party involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site’s records, programs, or services. You acknowledge that this paragraph shall apply to all content, merchandise, and services available through this Web site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

THIRD-PARTY CONTENT

This Web site contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). In the Content supplied by you or third parties other than ARM, ARM is a distributor and not a publisher. ARM has no more editorial control over such third-party or your Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by ARM are those of the respective authors or distributors and not of ARM. Neither ARM nor any third party, including any Provider, or any user of this Web site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this site represents the opinions and judgments of the respective Provider or user not under contract with ARM. ARM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized ARM employees. Under no circumstances shall ARM be liable for any loss, damage or harm caused by a user’s reliance on information obtained through this site. It is the responsibility of a user to evaluate the information, opinion, advice or other Content available through this site.

ONLINE CONDUCT

You alone are responsible for the content of your messages, and any consequences of such messages. ARM reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other subscriber’s information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. Users agree that they will not use the fitnessrxwomen.com Message Boards for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

You further agree not to use the fitnessrxwomen.com Message Boards to send or post, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. ARM reserves the right to delete any such material from the fitnessrxwomen.com Message Boards.

ARM will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms of Use.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of ARM. You agree not to post or use the fitnessrxwomen.com Message Boards to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) ARM permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to the fitnessrxwomen.com Message Boards, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the fitnessrxwomen.com Message Boards is not protected by Rights rests with you. By submitting content, which shall include your member name, to any "public area" of the fitnessrxwomen.com Message Boards you grant ARM a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You warrant that the holder of any Rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS AND/OR ANY OTHER AREA ON fitnessrxwomen.com, YOU HEREBY EXPRESSLY PERMIT ARM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY ARM’S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

If ARM is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you, ARM may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Web site. ARM may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Web site; or (iii) to protect the rights or property of ARM, its users or Providers.

ARM reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, this site, or any rights of ARM or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither ARM nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither ARM, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on this Web site.

CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the fitnessrxwomen.com Web site including but not limited to the Message Boards infringe upon your copyright rights, you (or your agent) may send ARM a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Web site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ARM to locate the material on the fitnessrxwomen.com Web site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ARM a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the fitnessrxwomen.com Web site should be sent to: John A. DeMaro, Esq., Ruskin Moscou Faltischek, P.C., 1425 Reckson Plaza, 15th Floor, East Tower, Uniondale, New York 11556, 516.663.6705 (fax). ARM suggests that you consult your legal advisor before filing a notice or counter-notice. Also, keep in mind that there can be penalties for false claims under the DMCA.

LINKS TO OTHER SITES

This site may reference or link to third-party sites throughout the World Wide Web. ARM has no control over these sites or the content within them. ARM cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. ARM does not endorse the content of any third-party site, nor does ARM warrant that they will not contain viruses or otherwise impact your computer. ARM does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against ARM for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.

COPYRIGHTS

Copyright © 2006 Advanced Research Media, Inc. All materials and contents contained in this Web site (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Web site itself, are copyrighted materials belonging exclusively to Advanced Research Press, Inc. or its content suppliers and are protected by United States and international copyright law. Advanced Research Media, Inc. enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

TRADEMARKS

FitnessRx Magazine, the FitnessRx Magazine logo and other marks indicated on our site are the exclusive property and trademarks of Advanced Research Media, Inc. Advanced Research Media, Inc. reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by Advanced Research Media, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Advanced Research Press, Inc.

CHILDREN’S PRIVACY

As set forth above, you must be eighteen (18) years of age or older to use and access this site. This site is not intended or designed to attract children under the age of thirteen (13). Of course, consistent with the Children’s Online Privacy Protection Act of 1998, ARM will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without prior verifiable parental consent.

INDEMNITY

You agree to indemnify and hold each of ARM, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the fitnessrxwomen.com Web site, including but not limited to the Message Boards, your violation of these Terms of Use, and/or the infringement by you or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

APPLICABLE LAW

This site is created and controlled by ARM in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State of New York for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York courts and agrees not to plead or claim in any New York court that such litigation brought therein has been brought in an inconvenient forum.

MODIFICATION, AND SEVERABILITY

ARM reserves the right to make changes to this site, policies, and these Terms of Use at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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