TonyLittle.com's Web Site Use and Conditions
Policy PLEASE READ THESE USE AND CONDITIONS CAREFULLY
TonyLittle.com's Web Site Use
and Conditions Policy PLEASE READ THESE USE AND CONDITIONS
CAREFULLY By accessing or using TonyLittle.com's you agree to be
bound by and accept without reservation this agreement's terms and
conditions. If you do not agree or do not want to be bound by such
terms and conditions you should not access to use TonyLittle.com's.
You further understand, acknowledge and agree that any terms and
conditions may change from time to time without notice to you and
your accessing or using TonyLittle.com's you agree to be bound by
and accept such changed terms and conditions without reservation.
Please feel free to download or print any information
provided by TonyLittle.com's provided such is for your personal use
only. You may not, in whole or in part reprint, retransmit,
distribute or reproduce any information unless receiving
TonyLittle.com's prior written permission.
You can only use TonyLittle.com's for lawful educational and
entertainment purposes. You may not use TonyLittle.com's to
transmit, distribute or store material in violation of any
applicable law, nor in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of
others or the privacy, publicity or other personal rights of others
or that is obscene, threatening, abusive, defamatory, pornographic,
invasive of privacy, illegal or hateful.
Privacy is of great concern to us and we respect the privacy
of all our users. TonyLittle.com's will not release any personal
information such as name, e-mail address, address, etc. to any third
party without your prior consent. You may visit our Privacy Policy
to ensure our concern for your privacy. Personal information must be
used, however when you purchase products or services from
TonyLittle.com's or if necessary for enforcement of any of this
Agreement's terms and conditions.
TonyLittle.com's may contain links to web sites operated by
other parties. The links are provided for your convenience only.
TonyLittle.com's does not control nor endorse such web sites nor is
TonyLittle.com's responsible for the content, condition and
performance of these sites or for your relationship with them. Links
provided on TonyLittle.com's do not imply any endorsement of the
material and/or products on such other web sites.
Information contained in TonyLittle.com's is not a substitute
for professional medical advice, health care services or a medical
exam. Nothing accessed is or should be interpreted as a general or
specific recommendation for a specific treatment plan, product,
exercise regimen or course of action. Always seek the advice of your
physician or other qualified health professional before starting any
new regimen or treatment. Reviewing the information provided by
TonyLittle.com's shall not and in fact does not replace speaking
with a qualified health, exercise or medical professional. Only your
doctor or a qualified medical professional can provide you with
advice or recommendations for an individual ailment, treatment or
problem. In addition, while TonyLittle.com's endeavors to frequently
update its content, health, exercise and medical information, such
information changes rapidly and it is impossible for
TonyLittle.com's to stay abreast of all such changes. Please review
the Terms of Use before using this Web site. Your use of this Web
site indicates your agreement to be bound by the Terms of Use.
You agree that TonyLittle.com's, its officers, directors,
employee or agents shall have no liability to you under any theory
of law, liability or indemnity in connection with your use of
TonyLittle.com's. You hereby release, discharge and forever waive
any and all claims you may have against TonyLittle.com's, its
officers, directors, employees, agents or the like including but not
limited to claims based upon the negligence of TonyLittle.com's, it
officers, directors, employees, agents or the like for losses or
damages you sustain in connection with your access and use of
TonyLittle.com's.
Under no circumstances including but not limited to
negligence, shall TonyLittle.com's be liable for any damages
(special, consequential, incidental or punitive) that result from
your use of, or your inability to use, the materials in this site,
even if TonyLittle.com's or a representative has been advised of the
possibility of such damages. Applicable law may not allow the full
or partial limitation or exclusion of liability or damages, so that
the above limitation or exclusion may not apply to you, but such
exclusion is applicable to the least extent possible to avoid such
exclusion.
Any action or proceeding to enforce any provision of, or
based on any right arising out of, this Agreement must be brought
against either of the parties in the courts of the State of Ohio,
County of Stark, or, if it has or can acquire jurisdiction, in the
United States District Court for the Northern District of Ohio, and
you acknowledge and consent to the exclusive personal jurisdiction
of such courts (and of the appropriate appellate courts) in any such
action or proceeding and waive any objection to venue laid therein.
Process in any action or proceeding referred to in the preceding
sentence may be served on you anywhere in the world.
This Agreement shall be governed by the State of Ohio's
internal laws without regard to conflicts of law principles.
This Agreement embodies the entire understanding between the
Parties and supersedes any prior understanding and agreements
between and among them respecting the subject matter hereof. There
are no representations, agreements, arrangements or understandings,
oral or written, between the parties hereto relating to the subject
matter of the Agreement which are not fully expressed herein.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
- YOUR USE OF THE MATERIALS ARE PROVIDED AT YOUR SOLE RISK.
THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TONYLITTLE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
- TONYLITTLE.COM MAKES NO WARRANTY THAT (i) THE MATERIALS
WILL MEET YOUR REQUIREMENTS, (ii) THE MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM TONYLITTLE.COM OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TONYLITTLE.COM SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF TONYLITTLE.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SITE.
EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
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