TERMS OF USE
Updated: 5/16/2006
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the Chalk Box Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Chalk Box Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment".
RESTRICTIONS ON USE OF MATERIAL
All materials contained in The Chalk Box Site are the copyrighted property
of Chalk Box ~ Get Fit, LLC., or its subsidiaries or affiliated companies
and/or third-party licensors. All trademarks, service marks, trade names,
and trade dress are proprietary to Chalk Box ~ Get Fit, LLC., or its affiliates
or licensees. No material from the Chalk Box Site or any Internet site owned,
operated, licensed, or controlled by us may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except that
you may download one copy of the materials on any single computer for
your personal, noncommercial home use only, provided that
(i) you keep
intact all copyright and other proprietary notices,
(ii) you make no modifications
to the materials,
(iii) you do not use the materials in a manner that
suggests an association with any of our products, services, or brands,
and
(iv) you do not download quantities of materials to a database that
can be used to avoid future downloads from any Chalk Box Site. The use of any
Chalk Box material on any other Web site or computer environment is prohibited.
SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments regarding our products and services. We do value your feedback on our services and products and we request that you be specific in your comments on those services and products.
RULES OF CONDUCT
The following is a list of the Rules of conduct for the Chalk Box Sites. By using the Chalk Box Sites, you agree not to do any of the following:
1. Post, distribute, or otherwise make available or transmit any data, text,
message, or computer file that we deem to be:
(a) defamatory, abusive,
harassing, insulting, threatening, or that could be deemed to be stalking;
(b) bigoted, hateful, or racially offensive;
(c) vulgar, obscene, or sexually
explicit (language or images); or that
(d) encourages or advocates illegal
activity or the discussion of illegal activities with the intent to commit
them;
2. Post, distribute, or otherwise make available or transmit any data, text,
message, computer file, or other material that infringes and/or violates
any right of a third party or any domestic or international law, rule,
or regulation, including but not limited to:
(a) copyright, patent, trademark,
or other proprietary rights;
(b) right of privacy (specifically, you must
not distribute another person's personal information of any kind
without their express permission) or publicity;
(c) any confidentiality
obligation;
3. Advertise or sell any products, services or otherwise (whether or not
for profit), or solicit others or use any Forum for commercial purposes
of any kind,
4. Post, distribute, or otherwise make available or transmit any software
or other computer files that contain a virus or other harmful component;
5. Impersonate any person or entity or misrepresent your identity or affiliation
with any person or entity;
6. Engage in antisocial, disruptive, or destructive acts, including "flaming",
"spamming", "flooding", "trolling" and
"griefing" as those terms are commonly understood and used on
the Internet;
7. Delete any legal notices, disclaimers, or proprietary notices such as
copyright or trademark symbols, or modify any logos that you do not own
or have express permission to modify;
We reserve the right to, if we deem appropriate, turn over to law enforcement officials, any material, including messages, e-mails, or postings, that are in violation of these Rules of Conduct. We also reserve the right to ignore and delete messages, e-mails, or postings that do not pertain to the designated topic or theme of the site.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Chalk Box site in violation of the law.
CONTENT LINKED TO ANY CHALK BOX SITE
You should be aware that when you are on a Chalk Box Site, you could be directed to other sites that are beyond our control. There are links to other sites from Chalk Box pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the Chalk Box Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a Chalk Box Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that Chalk Box ~ Get Fit, LLC. is not responsible for those sites. We reserve the right to disable links from third-party sites to any Chalk Box Site, although we are under no obligation to do so.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Chalk Box Site.
DISCLAIMER
The materials in the Chalk Box sites are provided as is and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non infringement. We do not warrant that the functions contained in the materials on any Chalk Box site will be uninterrupted or error-free, that defects will be corrected, or that any Chalk Box site or the servers that make such material available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on any Chalk Box site in terms of their correctness, accuracy, reliability or otherwise. You assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Chalk Box Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Chalk Box Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CHALK BOX SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY CHALK BOX SITE.
AMENDMENT
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will notify you of any such change, modification, addition, or deletion by prominently posting notice of the any such change, modification, addition, or deletion on the Web sites covered by these terms of use.
TERMINATION
These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of all Chalk Box Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.
We may immediately terminate these terms of use with respect to you (including your access to any and all Chalk Box Sites) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all Chalk Box Sites and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.
GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance with the laws of the State of Ohio and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Columbus, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.