EXALTED VIGOUR: Terms and Conditions
Agreement between user and www.exaltedvigour.com
Welcome to www.exaltedvigour.com. The www.exaltedvigour.com website (the “Site”) is comprised of various web pages operated by EXALTED VIGOUR. www.exaltedvigour.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.exaltedvigour.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.exaltedvigour.com is an E-commerce, health and wellness site that provides guides, exercise programs, and contains a fitness and wellness blog.
Visiting www.exaltedvigour.com or sending emails to EXALTED VIGOUR constitutes electronic communications. You consent to receive electronic communication and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy and legal requirements that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EXALTED VIGOUR is not responsible for third party access to your account that results form theft or misappropriation of your account. EXALTED VIGOUR and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
EXALTED VIGOUR does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.exaltedvigour.com only with permission of a parent or guardian.
60 days after your date of purchase, if you are completely satisfied with your product your can send me an email at “firstname.lastname@example.org” and I will refund your entire purchase. All refund request after the 60 day grace period will be subject to partial refunds up to 50%.
Links to third party sites/Third party services
www.exaltedvigour.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of EXALTED VIGOUR and EXALTED VIGOUR is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EXALTED VIGOUR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EXALTED VIGOUR of the site or any association with its operators.
Certain services made available via www.exaltedvigour.com are delivered by third party sites and organizations. By using any product, service or functionality origination from the www.exaltedvigour.com domain, you hereby acknowledge and consent the EXALTED VIGOUR may share such information and data with any third party with whom EXALTED VIGOUR has contractual relationship to provide the requested product, service or functionality behalf of www.exaltedvigour.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EXALTED VIGOUR or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EXALTED VIGOUR content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and you will make no other use of the content without the express written permission of EXALTED VIGOUR and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grand you any licenses, express or implied, to the intellectual property of EXALTED VIGOUR or our licensors except as expressly authorized by these Terms.
Use of communications services
The Site may contain bulletin board services, chat area, news groups, forums, communities, personal web pages, calendars, and/or message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise, violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringement, obscene, indecent or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have receive all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any good or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another users of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
EXALTED VIGOUR has no obligation to monitor the Communication Services. However, EXALTED VIGOUR reserves the right to review material posted to a Communication Service and to remove any materials in its sole discretion. EXALTED VIGOUR reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.
EXALTED VIGOUR reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EXALTED VIGOUR’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. EXALTED VIGOUR does not control or endorse the content, messages or information found in any Communication Service and, therefore, EXALTED VIGOUR specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized EXALTED VIGOUR spokespersons, and their views do not necessarily reflect those of EXALTED VIGOUR.
Materials uploaded to a Communication service may be subject to poster limitations on usage, reproduction and/or dissemination. You are responsible for adhering such limitations if you upload the materials.
Materials provided to www.exaltedvigour.com or posted on and EXALTED VIGOUR web page
EXALTED VIGOUR does not claim ownership of the materials you provide to www.exaltedvigour.com (including feedback and suggestions) or post, upload, input or submit to any EXALTED VIGOUR Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting EXALTED VIGOUR, our affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein, EXALTED VIGOUR is under no obligation to post or use any Submission you may provide and may remove and Submission at any time in EXALTED VIGOUR’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitations, all the rights necessary for your to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be ale to connect your EXALTED VIGOUR account to third party accounts. By connecting your EXALTED VIGOUR account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by EXALTED VIGOUR from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EXALTED VIGOUR Content accessed through www.exaltedvigour.com in any country or in any manner prohibited by any applicable laws restrictions or regulations.
You agree to identify, defend and hold harmless EXALTED VIGOUR, its officers, directors, employees, agents and third parties, for any loses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any applicable laws, rules or regulations. EXALTED VIGOUR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with EXALTED VIGOUR in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the even that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitles to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to there Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrators. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and conditions will take place on an individual basis; class arbitrations and class/repetitive/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY SUCH PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and many not otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATIO, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERROS. CHANGES ARE PERIODICALLY ADDED OT THE INFORMATION HEREIN. EXALTED VIGOUR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EXALTED VIGOUR AND/OR ITS SUPPLIERS MAKE NO RESPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND RELATED GRAPHICS, CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EXALTED VIGOUR AND/OR ITS UPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILTY. FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRIENGEMENT.
EXALTED VIGOUR reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the laws of the State of North Carolina govern this agreement and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitations, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EXALTED VIGOUR as a result of this agreement or used of the Site. EXALTED VIGOUR’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EXALTED VIGOUR’s right to comply with governmental court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EXALTED VIGOUR with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EXALTED VIGOUR with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EXALTED VIGOUR with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Change to Terms and Conditions
EXALTED VIGOUR reserves the rights, in its sole discretion, to change the Terms and Conditions under which www.exaltedvigour.com is offered. The most current version of the Terms will supersede all previous versions. EXALTED VIGOUR encourages you to periodically review the Terms and Conditions to stay informed of our updates.
EXALTED VIGOUR welcomes your questions or comments regarding the Terms and Conditions:
Effective as of July 25, 2015