TERMS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE
TERMS AND CONDITIONS OF USE
Welcome to the STAB FITNESS, LLC (“STAB FITNESS”) web site at stabfitness.com. STAB FITNESS provides its services to you subject to the following Terms and Conditions.
If you visit, use a service, or make purchases, at stabfitness.com you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Usage, do not use any portion of the Site. STAB FITNESS reserves the right to revise these Terms and Conditions at any time by updating these Terms and Conditions of Use. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time to time.
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of STAB FITNESS. 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 STAB FITNESS without our express prior written consent. You may not use any meta tags or any other "hidden text" utilizing STAB FITNESS's name or trademarks without the express prior written consent of STAB FITNESS. Any unauthorized use terminates the rights granted herein by STAB FITNESS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray STAB FITNESS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any STAB FITNESS logo or other proprietary graphic or trademark as part of the link without the express prior written permission of STAB FITNESS.
2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under applicable Federal, State and local laws. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (iii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any STAB FITNESS employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without the express prior written permission of STAB FITNESS. You agree that you will not use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
3. Usage and Monitoring
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. STAB FITNESS does sell products for children. If you are under 18, you may use stabfitness.com only with involvement of a parent or guardian. STAB FITNESS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While STAB FITNESS has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, STAB FITNESS reserves the right to delete and take other appropriate action with respect to such messages, information or files with which STAB FITNESS, in its sole and absolute discretion, deems objectionable or otherwise in violation of these Terms and Conditions. STAB FITNESS further reserves the right, in its sole and absolute discretion and without notice, to deny access to the Site to anyone at any time.
If you do post or submit content of any nature, and unless indicated otherwise, you grant STAB FITNESS a nonexclusive, 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 now known or hereinafter invented. You also grant STAB FITNESS the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will fully indemnify STAB FITNESS for all claims of any nature resulting from content you supply. STAB FITNESS respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately.
4. Privacy
Your use of the Site constitutes your consent to STAB FITNESS’s privacy policy posted on the Site which is updated from time to time. You may review the current STAB FITNESS privacy policy at
www.stabfitness/privacy.
5. Copyright Ownership
All content included on this Site, including but not limited to text, graphics, photographs, videos, movies, logos, and software, and all derivative rights thereof is the property of STAB FITNESS or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. STAB FITNESS and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
6. Trademark Ownership
STAB FITNESS® and other related marks and logos are trademarks or service marks of STAB FITNESS and are protected by United States and international trademark law. They may not be used without the express written permission of STAB FITNESS and all rights associated therewith are herein reserved.
7. Web Linking
Links may appear on the Site that may be used to link to other web sites. These links are provided as a courtesy to our visitors. STAB FITNESS has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. STAB FITNESS is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. STAB FITNESS reserves the right to terminate any link at any time.
8. Disclaimer and Limitation of Liability
(a) STAB FITNESS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF STAB FITNESS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. Any statements and opinions appearing on the Site are those of its authors, and STAB FITNESS assumes no responsibility for such statements and opinions. Neither STAB FITNESS nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. While STAB FITNESS makes reasonable efforts to present accurate and reliable information on the Site, STAB FITNESS does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by STAB FITNESS.
The information in this site is by no means meant to replace, supersede or override the advice of a physician or medical professional. A physician should be consulted before undertaking or making any changes to any health and or fitness and or nutrition program. Before adhering to any STAB FITNESS information or recommendations please consult your physician. Please understand that you are solely responsible for the way information on the STAB FITNESS Site is perceived and utilized and you do so at your own risk. Please use caution and common sense in making use of any information on the Site.
In no way will STAB FITNESS or any persons associated with STAB FITNESS be held responsible for any injuries or problems that may occur due to the use of this Site or the information and advice contained within.
(b) STAB FITNESS is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, STAB FITNESS makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will STAB FITNESS, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) Although we do not share or sell customer profile information including email addresses gathered on the Site with outside organizations, we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site. Please review our privacy policy on this Site.
9. Indemnification
You agree to indemnify and hold STAB FITNESS and its subsidiaries, affiliates, members, managers, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
10. Applicable Laws
STAB FITNESS operates the Site from its offices in Illinois. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject STAB FITNESS to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Illinois as applied to agreements made and to be performed entirely therein.
11. Severability
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions.
12. Arbitration, Jurisdiction and Venue
The parties consent to venue and personal jurisdiction in Chicago, Illinois. Any and all actions or claims brought in connection with the Site or Site content shall be submitted to binding arbitration conducted in accordance with the rules of conciliation and arbitration of reputable alternate dispute resolution entity. The parties hereby consent to the arbitration being held in the County of Cook, State of Illinois. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to STAB FITNESS or any of its officers, employees, agents or representatives, such as where notice to STAB FITNESS is required by contract, or any federal, state or local laws, rules or regulations.
