Terms and Conditions:
You should carefully read the Terms of Use before
using Our Site. By
using Our Site you agree to be bound by the
Terms of Use. This is a legally binding agreement. If you do not agree
with the Terms of Use you should not use Our Site.
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We agree to provide you access to Our Site in
accordance with the Terms of Use.
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You agree to use Our Site in a manner
consistent with any and all applicable rules and regulations.
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You accept that Our Site is provided on an "as
is, as available" basis.
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ALL ARTICLES AND MATERIAL DISPLAYED BY US ON
OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC
ADVICE.
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YOUR ACCESS TO AND USE OF OUR SITE MAY BE
TERMINATED AT
ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING
OF NOTICE TO THE OTHER PARTY.
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WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS
AND
TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR
ACCESSING OUR SITE.
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Subject to the above, you may not modify,
copy,
distribute, republish or upload any of the material on our Site without
our prior consent in writing. No intellectual property or other rights
shall be transferred to you.
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To the extent that portions of our Site (such
as
"chat rooms" or "bulletin boards") provide users an opportunity to post
and exchange information, ideas and opinions ("Postings"), BE ADVISED
THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR
APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect
our views. To the fullest extent permitted by applicable laws, we
exclude all responsibility and liability for the Postings or for any
losses or expenses resulting from their use and/or appearance on our
Site.
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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAWS,
WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS
EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND
HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA,
LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO
PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL
RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND
VIRUS CHECKING AS YOU CONSIDER NECESSARY.
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We reserve the right to monitor all materials
posted
on this bulletin board ("Postings") and to remove any which we consider
in our absolute discretion to be offensive or otherwise in breach of
these Terms of Use.
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You hereby represent and warrant that you have
all
necessary rights in and to all Postings you provide and all material
they contain and that such Postings shall not infringe any proprietary
or other rights of third parties.
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Where we provide hypertext links to other
sites we do
so for information purposes only, and such links are not endorsements
by us of any products or services in such sites and we accept no
liability nor make any endorsement or approval of the same.
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The Terms of Use contain the entire
understanding
between us with respect of Our Site and no representation, statement,
inducement oral or written, not contained herein shall bind either of
us.
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Should any part of the Terms of Use be
declared
invalid or unenforceable by a court of competent jurisdiction, this
shall not affect the validity of any remaining portion and such
remaining portion shall remain in full force and effect as if the
invalid portion of the Terms of Use had been eliminated.
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This Agreement is governed by the laws of the
State of Georgia, without regard to principles of conflict of laws.
To the extent you have in any manner violated or
threatened to
violate Provenfitness.com and/or its affiliates' intellectual property
rights, Provenfitness.com and/or its affiliates may seek injunctive or
other appropriate relief in any state or federal court in the State of
Georgia, and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree
to first try
to resolve it with the help of a mutually agreed-upon mediator in the
following location: Dekalb County, Georgia. Any costs and fees other
than attorney fees associated with the mediation will be shared equally
by each of us.
If it proves impossible to arrive at a mutually
satisfactory
solution through mediation, we agree to submit the dispute to binding
arbitration at the following location: Dekalb County, Georgia, under
the rules of the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
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