Terms and Conditions

Effective as of May 26, 2015

Welcome to hofcopy.wpengine.com (“Site). This website is owned and operated by Heroes of Fitness (“HOF”, “we” or “us”) and by using the Site, you agree and are subject to the following terms and conditions (“Terms”). If you visit, download, or purchase any materials from this Site, you accept and are bound to these Terms. If you do not agree to these Terms, do not access or otherwise use this site. Please read these Terms carefully before using the site.

PRIVACY

Please review our Privacy Policy, which also governs your visit to hofcopy.wpengine.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit hofcopy.wpengine.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software, “look and feel” and other elements contained on or otherwise making up this Site (collectively, the “Contents”) is the property of HOF or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HOF and protected by U.S. and international copyright laws.

TRADEMARKS

Heroes of Fitness and other hofcopy.wpengine.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of HOF in the U.S. and/or other countries. HOF’s trademarks and trade dress may not be used in connection with any product or service that is not HOF’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HOF. All other trademarks not owned by HOF 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 HOF.

LICENSE AND SITE ACCESS

HOF grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HOF. 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; any downloading or copying of account information for the benefit of another merchant; 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, visited, or otherwise exploited for any commercial purpose without express written consent of HOF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HOF without express written consent. You may not use any meta tags or any other “hidden text” utilizing HOF’s name or trademarks without the express written consent of HOF. Any unauthorized use terminates the permission or license granted by HOF. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of hofcopy.wpengine.com so long as the link does not portray HOF, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HOF 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. If you are under 18, you may use hofcopy.wpengine.com only with involvement of a parent or guardian. HOF reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

USE SUBMISSIONS, REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content and communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HOF reserves the right (but not the obligation) to remove, re-post, re-purpose, market or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant HOF a nonexclusive, non-confidential, non-proprietary, 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 HOF and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HOF for all claims resulting from content you supply. HOF has the right but not the obligation to monitor and edit or remove any activity or content. HOF takes no responsibility and assumes no liability for any content posted by you or any third party.

NOTIFICATION OF COPYRIGHT INFRINGEMENT, COMLPAINTS

HOF respects the intellectual property of others and has established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the instructions listed below:

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HOF’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying HOF that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

HOF’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

Heroes of Fitness

1430 Concordia Ave, #4191

St. Paul, MN 55104

tim@hofcopy.wpengine.com

PRODUCT DESCRIPTIONS

HOF attempts to be as accurate as possible. However, HOF does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by HOF itself is not as described, your sole remedy is to return it.

OTHER BUSINESSES AND LINKS TO THIRD PARTY WEBSITES.

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. HOF 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 conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY HEROES OF FITNESS (“HOF”) ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HOF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HOF DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOF DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM HOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

The information on this Site is intended solely for entertainment and educational 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 HOF and you, unless formally specified with a written agreement and payment for personal one-on-one coaching.

APPLICABLE LAW

By visiting hofcopy.wpengine.com, you agree that the Federal laws of the United States shall otherwise govern your use of the Site where these Terms are not clear or incomplete and you hereby agree to submit any dispute of any sort that might arise between you and HOF to the exclusive jurisdiction of the United States Federal and State court system.

LIMITED LIABILITY AND INDEMNIFICATION

HOF 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 and hold harmless HOF, its contractors, and its licensors, and their respective directors, officers, 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.

As noted above, by using this website you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on this website 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.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

CONTACT US

If you have any questions or concerns regarding our Terms please contact us:

Heroes of Fitness
Timothy Spencer
1430 Concordia Ave, #4191
St. Paul, MN 55104
email: tim@hofcopy.wpengine.com

 

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