Terms and Conditions of Use
Welcome to the wilpowerfitness.com Web Site owned by Gorrie Management, Inc. d.b.a. WilPowerFitness (“WilPowerFitness”). WilPowerFitness provides its services to you subject to the following Terms and Conditions. If you visit WilPowerFitness.com (the “Site”) which is operated by WilPowerFitness, you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site. WilPowerFitness reserves the right to revise these Terms and Conditions at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time to time.
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the content provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of WilPowerFitness. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including drawings, images, text, page layout, or form) of WilPowerFitness without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the WilPowerFitness name, logo or trademarks without the express written consent of WilPowerFitness. Any unauthorized use terminates the license granted by WilPowerFitness. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WilPowerFitness.com so long as the link does not portray WilPowerFitness, its affiliates, or their services or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WilPowerFitness logo or other proprietary graphic or trademark as part of the link without the express written permission of WilPowerFitness.
2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any WilPowerFitness employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) 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 a list.
3. Usage and Monitoring
WilPowerFitness does sell services for children. If you are under 18, you may use the Site only with involvement of a parent or guardian. WilPowerFitness reserves the right to refuse service, remove or edit content in its sole discretion. While WilPowerFitness has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, WilPowerFitness reserves the right to delete and take other appropriate action with respect to such messages, information or files with which WilPowerFitness, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions. WilPowerFitness further reserves the right, in its sole discretion and without notice, to deny access to the Site to anyone at any time.
If you do post or submit photographs, materials or content of any nature (the “Content”), and unless indicated otherwise, you hereby grant WilPowerFitness a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant WilPowerFitness the right to use the name that you submit in connection with such Content. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate; that use by WilPowerFitness of the Content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify WilPowerFitness for all claims resulting from Content you supply. WilPowerFitness respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately.
5. Copyright Ownership
All content included on this site, including but not limited to drawings, text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of WilPowerFitness or its content and product suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. WilPowerFitness, its content and product suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
6. Trademark Ownership
WilPowerFitness and the related marks and logos are service marks of Gorrie Management, Inc. and are protected by United States and international trademark law. They may not be used without the written permission from Gorrie Management, Inc. and all rights are reserved. All other trademarks and servicemarks are the intellectual property of their respective owners.
7. Web Linking
Links may appear on the Site that may be used to link to other web sites. These links are provided as a courtesy to our visitors. WilPowerFitness has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. WilPowerFitness is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. WilPowerFitness reserves the right to terminate any link at any time.
8. Disclaimer and Limitation of Damages
(a) WilPowerFitness is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the Site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, WilPowerFitness makes no warranty or representation, either express or implied, that access to or operation of the site will be uninterrupted or error free. In no event will WilPowerFitness, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
ADDITIONALLY, PLEASE UNDERSTAND THAT WILPOWERFITNESS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SERVICES IT PROVIDES AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SERVICES ARE DELIVERED “AS IS.” THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY WILPOWERFITNESS. IN NO EVENT WILL WILPOWERFITNESS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF WILPOWERFITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF WILPOWERFITNESS OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES PROVIDED TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) Any statements and opinions appearing on the Site are those of its authors, and WilPowerFitness assumes no responsibility for such statements and opinions. Neither WilPowerFitness nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. While WilPowerFitness makes reasonable efforts to present accurate and reliable information on the Site, WilPowerFitness does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by WilPowerFitness. Please use caution and common sense in making use of any information on the Site or any other resources on the Internet.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) Although we do not share or sell customer profile information including email addresses gathered on the Site with outside organizations, we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
You agree to indemnify and hold Gorrie Management, Inc. d.b.a. WilPowerFitness and its 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 Site, violation of these Terms and Conditions or other infringement by you, or any other user of your name, of any intellectual property or other right of any person or entity.
10. Applicable Laws
WilPowerFitness operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject WilPowerFitness to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or condition. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in San Diego, California. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Gorrie Management, Inc. d.b.a. WilPowerFitness or any of its officers, employees, agents or representatives, such as where notice to Gorrie Management, Inc. d.b.a. WilPowerFitness is required by contract, or any federal, state or local laws, rules or regulations.