Web Site Terms and Conditions
Mercury Data Services, Inc. ("Healthclubscene.com") makes the materials on this
Website ("Site") including all information, documents, communications, files,
text, graphics, software, and products included on this Site (collectively
"Materials"), available for your use subject to the terms and conditions set
forth in this document and any changes to this document made by
Healthclubscene.com from time to time (collectively, "Terms and Conditions"). By
downloading, installing, using or accessing any Materials, you agree to these
Terms and Conditions. If you do not agree to these Terms and Conditions, you may
not use, access, download, or install the Materials.
OWNERSHIP; RESTRICTIONS
The copyright and ownership interests in all Materials is held by
Healthclubscene.com and its suppliers and protected by U.S. laws and
international treaty provisions. You agree not to use, copy, republish, frame,
post, transfer, display, perform, download, transmit, modify, rent, lease, loan,
sell, assign, distribute, license, sublicense, reverse engineer, or create
derivative works based on the Materials, except as expressly allowed herein.
Unauthorized use of any Materials may violate copyright laws, trademark laws,
the laws of privacy and publicity, communications regulations and statutes or
other applicable laws, rules or regulations, and may subject you to civil
liability and/or criminal penalties.
TERM; TERMINATION
These Terms and Conditions are effective until terminated by
Healthclubscene.com. Healthclubscene.com may terminate these Terms and
Conditions with respect to you or any other third party without notice at any
time for any reason. Upon termination all rights granted in these Terms and
Conditions shall immediately cease to exist and you must promptly discontinue
all use of the Materials and this Site. In addition, in the event that we
determine, in our sole discretion, that you have breached any of our Terms and
Conditions, we reserve the right to terminate access to this Site and take any
other action which we, in our sole discretion, deem to be appropriate. All terms
that by their nature should survive termination of these Terms and Conditions
will survive.
DISCLAIMER
You acknowledge and agree that the Materials are provided to you on an "as is"
basis, without any warranty of any kind. All warranties, express or implied,
including but not limited to implied warranties of merchantability, accuracy of
informational content, fitness for a particular purpose, system integration,
title, and non-infringement of any third party right with respect to the
Materials or any services related to the Materials are expressly disclaimed to
the fullest extent permitted by law.
No warranty or representation is given that the functions contained in the
Materials will meet your requirements, that the operation of the Materials will
be uninterrupted or error-free, or that any defects in the Materials will be
corrected. Furthermore, no warranty or representation is given regarding the use
or the results of the use of the Material or the adequacy of the Materials. No
oral or written information or advice given by any person or entity shall create
a warranty or representation or in any way increase the scope of this warranty.
Some states or jurisdictions do not allow the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations
may not apply to you.
TRADEMARKS
The trademarks, service marks and logos used and displayed in the Materials are
registered and unregistered trademarks and service marks of Healthclubscene.com
and others. All registered and unregistered trademarks used in the Materials are
the property of their respective owners. You are not granted, expressly or by
implication, estoppel or otherwise, any license or right to use any
Healthclubscene.com trademark, service mark or logo used or displayed in the
Materials without the prior express written permission of Healthclubscene.com.
When used with Healthclubscene.com's permission, all trademarks must be
identified as trademarks of Healthclubscene.com using the appropriate symbol
(e.g., ™ or ®) at the first occurrence in the text of any published
printed or electronic communications, including advertising, promotions,
packaging, technical documentation, sales and marketing collateral and product
labels. In addition, such marks must be listed, identified and attributed as the
property of Healthclubscene.com in a footnote at the end of the communication.
PERSONAL INFORMATION
Information submitted to Healthclubscene.com through the Site is governed by
Healthclubscene.com's Privacy Policy.
USER SUBMISSIONS
Except as provided in the Privacy Policy, no ideas, material, computer code,
information or other communication you submit or post to the Site will be
considered confidential or proprietary. All such material becomes the exclusive
property of Healthclubscene.com, which is entitled to use such material for any
purpose without restriction or compensation. You are prohibited from posting or
transmitting to or from the Site any unlawful, infringing, threatening,
misleading, inaccurate, deceptive, materially false, libelous, defamatory,
obscene or pornographic material or any other material that would violate any
law.
LINKS TO OTHER SITES
Healthclubscene.com makes no representations or warranties about any other site
or material that you may access through links or other references on this Site.
You do so at your own risk. The presence of links to non-Healthclubscene.com
sites or materials does not imply that Healthclubscene.com endorses or accepts
responsibility for the content or use of such sites or materials.
ACCESS TO PASSWORD-PROTECTED OR SECURE AREAS
Healthclubscene.com may restrict some areas of the Site to authorized users
only. Access to and use of areas of the Site that are password-protected and/or
secure is restricted to such authorized users only. Unauthorized individuals
attempting to access these areas may be subject to civil liability and criminal
penalties.
THIRD PARTY PRODUCTS AND SERVICES
This Site mentions third party products and services for informational purposes.
Healthclubscene.com makes no recommendations or endorsements about any third
party products or services.
LIMITATION OF LIABILITY
UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR
OTHERWISE, SHALL Healthclubscene.com OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST
PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR
NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, OR
THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN
IF Healthclubscene.com OR AN Healthclubscene.com REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the
exclusion or limitation of incidental, consequential or special damages, so the
above limitation or exclusion may not apply to you.
GENERAL
This Site is controlled by Healthclubscene.com from its offices within the State
of California, United States of America. Healthclubscene.com makes no
representation that the Materials are appropriate for use in other locations.
Any claim relating to the Materials will be governed by the laws of the State of
California, notwithstanding any conflicts of law principles, and the United
States of America. You and Healthclubscene.com agree that and hereby submit to
the exclusive personal jurisdiction and venue of the Superior Court of San
Francisco County and the United States District Court for the Northern District
of California with respect to any such claim. Any part of these Terms and
Conditions that is unlawful, void or unenforceable will be deemed severable and
will not affect the validity or enforceability of the remaining provisions. All
waivers must be in writing. Any waiver or failure to enforce these Terms and
Conditions on one occasion will not be deemed a waiver of any other provision or
of such provision on any other occasion. You may not assign your rights or
obligations granted under these Terms and Conditions without the prior written
consent of Healthclubscene.com. Any attempted assignment or transfer without
such prior written consent from Healthclubscene.com shall be null and void. The
headings of sections of these Terms and Conditions are for convenience only and
are not to be used in interpreting these Terms and Conditions. In the event
Healthclubscene.com is required to initiate legal proceedings to enforce any
provision of these Terms and Conditions or you initiate any legal proceedings
relating to these Terms and Conditions, the prevailing party shall be entitled
to recover all reasonable attorneys' fees from the other party. These Terms
and Conditions constitute the entire agreement between the parties regarding the
subject matter hereof and supersedes all prior or contemporaneous agreements,
understandings, and communication, whether written or oral. These Terms and
Conditions may only be modified by Healthclubscene.com in a writing.
CONTACT INFORMATION
All requests for further information or for permission to reproduce any portions
of the Materials should be directed to:
Healthclubscene.com
703 Market St. Suite 1208
San Francisco, CA 94103
+1 877 485-4101 [fax]