Welcome to our site. Please read these terms carefully before using this web site. Your use of this web site constitutes your acceptance of these terms.
This statement applies to the Community Fitness & Education Inc. and the www.cfeinc.org website.
Community Fitness & Education, Inc. (CFEI) provides this Web site (this Site”). These terms may be changed from time to time at CFEI’s discretion. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use this Site or download materials from it.
This Web site is provided by Community Fitness & Education, Inc. (CFEI) and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.
Subject to the terms and conditions set forth in this Agreement, CFEI grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
CFEI authorizes you to view and download the information (“Materials”) at this Web site (“Site”) only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, CFEI does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
GENERAL USER CONDUCT
In using this Site, you agree: Not to disrupt or interfere with the security or otherwise abuse of this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this site or any linked Sites. Not to disrupt or interfere with any user’s use of this Site. Not to transmit Site Spam, chain letters, junk mail, or any other type of unsolicited mass e-mail to people or entities. Not to divulge your username or password to others either on of off this Site. This includes unauthorized access to this Site, which are restricted from general access. Not to upload, post, download, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files, alter change, or alter content.
This Site and the content are provided on an “AS IS” and “AS AVAILABLE” basis. You expressly agree that your use of this site contents is at your sole risk. See Limitation of Liability below.
The materials may contain inaccuracies and typographical errors. CFEI does not warrant the accuracy or completeness of the materials, services performed, or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. CFEI reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site, the materials and the products, programs, services or prices described in the site at any time without notice.
ONLINE COMMUNICATION ON AND THROUGH THIS SITE
CONTENT, PRODUCT AND SERVICE INFORMATION
All Content, including, but not limited to, data, quote and order information, and product or service listings, is believed to be accurate. However, you should independently evaluate the accuracy of the Content and the usefulness for your particular needs of any Content, product or service available through this Site. Products and services are subject to change without notice. CFEI does not guarantee that products or services listed online will be available at the time of your order. All Content is subject to the disclaimers below.
THIRD PARTY CONTENT
Failure or delay in exercising any right shall not act as a waiver of any right, nor shall any single or partial exercise of any right preclude any other or further exercise thereof. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party marking the waiver. Remedies herein are deemed as cumulative and nonexclusive of each other.
Nothing contained in this Agreement shall be deemed to create, nor shall this Agreement be construed so as to create, a joint venture, agency or employment relationship between CFEI and any organization.
This Agreement shall be construed as though drafted by both parties and shall not be construed against or in favor of any party.
Captions and paragraph headings herein are for convenience only, and shall not be used in construing this Agreement.
No advice or information, whether oral or written, obtained by you from CFEI or through this Site will create any warranty not expressly stated in writing.
LIMITATION OF LIABILITY
Under no circumstances will CFEI or subsidiaries, affiliates, offices, directors, employees, outside contractors, or suppliers be liable for any direct, indirect, punitive, special, incidental or consequential damages arising from or in connection with the use of the inability to use this site or any content, products or services contained on or accessible through this site. This includes, but not limited to, lost profits and loss of information, programs, or other data. This includes CFEI has been advised of the possibility of such damages. You acknowledge that this is an acceptable risk associated with your use of this site and the content.
ACCESS TO PRODUCT AND SERVICE INFORMATION
Information regarding products or services available through this Site, including, but not limited to, information about your account available through the Site. It is for your convenience only and is not intended as a substitute for any periodic account or billing statements with respect to such products or services, and should not be relied upon as such. You agree that the features and information available within this Site do not supercede, replace or otherwise modify the rights or obligations of you, CFEI or its subsidiaries or affiliates pursuant to the agreements applicable to such products or services.
CFEI provides links to other non-affiliated Internet sites. You should review any unaffiliated Internet sites to determine its policies on privacy and security and for information on how it uses data. CFEI is not responsible for such unaffiliated Internet sites’ policies, and expressly disclaims any and all liability related to such policies.
At certain places on this Web Site, live “links” to other Internet addresses can be accessed (“Linked Sites”). Such Linked Sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of CFEI. CFEI does not endorse, approve, certify or control these Linked Sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information that they contain. Use of Linked Sites is voluntary, and should only be undertaken after an independent review by the user of the accuracy, completeness, efficacy and timeliness of the information contained therein. In addition, it is the user’s responsibility to take precautions to ensure that material selected from such Linked Sites is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. CFEI is not responsible for, and expressly disclaims all liability for, (i) the contents of any Linked Site, (ii) damages of any kind arising out of the use of such Linked Sites, or (iii) reference to or reliance on information contained therein.
This Site is controlled, operated and administered by CFEI throughout the United States. CFEI makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. The laws of the State of Georgia shall govern these Terms and Conditions of use, without giving effect to its conflict of laws provisions.
By accessing this Web Site, you have directed your system to a computer located in the State of Georgia. You agree that disputes arising out of or relating to the contents or use of this Web Site are to be governed by the laws of the State of Georgia. You consent to the exclusive jurisdiction of courts sitting in the State of Georgia in all disputes arising out of or relating to the contents or use of this Web Site. You agree that the venue of any action brought against CFEI in federal court shall by in the United States District Court for the Northern District of Georgia, or in the Superior Court of Atlanta, Georgia. You agree that all such disputes shall be tried by the court and hereby waive any right to trial by jury.
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
COMPLIANCE WITH LAWS
You agree that you are solely responsible for your use of or activities on this Site, and that you will comply with all applicable local, state, federal and international laws and regulations, including, but not limited to, United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are accessing this Site from outside the United States, and are restricted under the laws of your jurisdiction from doing so, do not access or use this Site. CFEI makes no representation that this Site is appropriate or available for use outside the United States.
This Agreement constitutes the entire agreement between CFEI and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.