THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
1. Parties
The parties to this Agreement are you, a visitor to this web site ("You"),
and the owner and operator of this web site: STEVEPFIESTER.COM. All
references to "us", "this web site" or "this site" shall be construed to
mean STEVEPFIESTER.COM. If the user is not an individual, then "You" means
Your company, its officers, members, agents, successors and assigns.
2. Assent To Terms of Use And Amendment
STEVEPFIESTER.COM grants a non-exclusive, non-transferable, and revocable
license to You and provides the services available at this site to You
subject to the following terms and conditions. THESE TERMS AND CONDITIONS
MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW
THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS
SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES
OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES.
YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH LONGEVITY FITNESS CLUB &
SPA ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO
TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS
AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE
AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.
3. Entire Agreement
This Terms of Use Agreement will be expressly incorporated by reference in
each and every agreement between You and STEVEPFIESTER.COM, and except for
any separate agreement for service, this terms of use agreement, with
respect to the subjects addressed herein, constitutes the entire agreement
between the parties with respect to those subjects. Except for any separate
agreement for service, You acknowledge that neither STEVEPFIESTER.COM nor
anyone on STEVEPFIESTER.COM'S behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to You relating to
the subjects addressed by this terms of use agreement that are not embodied
herein.
4. Prohibited Conduct
You agree (i) not to use this site to distribute in any way files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer; (ii) not to interfere
or disrupt this site or any networks connected to this site; (iii) not to
use any device, software or routine or attempt to interfere with the proper
functioning of this site or any transactions being offered at this site;
(iv) not to take any action that imposes an unreasonable or
disproportionately large load on STEVEPFIESTER.COM's infrastructure; (v) not
to use this site to collect or harvest personal information, including,
without limitation, financial information, about other participants at this
site; and (vi) not to impersonate any person or entity or falsely state or
otherwise misrepresent Your affiliation with a person or entity. You agree
not to use the services or products available at this site for illegal
purposes, and to comply with all regulations, policies and procedures of
networks connected to this site.
5. Compliance with Laws
You shall comply with all applicable laws and regulations of the United
States and foreign authorities (including but not limited to credit card
transactions) relating to any service or product associated with this site.
6. Registration Data And Privacy
Registration may be required for you to access information on this site, or
for your participation in certain services offered at this site. You must
provide certain current, complete, and accurate information about You as
prompted to do so by the registration form ("Registration Data"), and
maintain and update such registration information as required to keep such
information current, complete and accurate. You warrant that your
Registration Data is accurate and current, and that You are authorized to
provide such Registration Data. You authorize us to verify your Registration
Data at any time. If any Registration Data that You provide is untrue,
inaccurate, not current or incomplete, STEVEPFIESTER.COM retains the right,
in its sole discretion, to suspend or terminate rights to use the services.
Registration Data and certain other information about You is subject to our
Privacy Policy which may be accessed from the longevityclubs.com home page.
Solely to enable STEVEPFIESTER.COM to use information You supply us
internally, so that we are not violating any rights You might have in that
information, You grant to STEVEPFIESTER.COM a nonexclusive license to (i)
convert such information into digital format such that it can be read,
utilized and displayed by STEVEPFIESTER.COM's computers or any other
technology currently in existence or hereafter developed capable of
utilizing digital information, and (ii) combine the information with other
content provided by STEVEPFIESTER.COM, in each case by any method or means
or in any medium whether now known or hereafter devised.
7. Registration By Children Under The
Age of 13 Is Not Permitted
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER
UNDER THE AGE OF 13 ATTEMPTS TO REGISTER WITH LONGEVITY FITNESS CLUB & SPA,
WE SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT
COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.
8. Copyrights
The copyright in all material provided on this site is owned or licensed to
STEVEPFIESTER.COM. You acknowledge and agree that this site contains
proprietary information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that information
presented to You through this site, including text, graphics, logos, icons,
images and software, and the arrangement and compilation of such content,
are the property of STEVEPFIESTER.COM or its content suppliers and is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. STEVEPFIESTER.COM does not grant any license or
authorization to any user of its copyrightable material or other
intellectual property, by placing them on this site. Furthermore, except as
stated herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by
any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written permission
of STEVEPFIESTER.COMor the copyright owner. However, You may print a copy of
the information on this site for Your personal, non-commercial internal use
or records. In so doing, You may not modify the materials and You agree to
retain all copyright and other proprietary notices contained in the
materials. This permission does not give You any ownership rights in the
information and terminates automatically if You breach any of these terms or
conditions. If You make any other use of this site, except as otherwise
provided herein, You may violate copyright and other laws of the United
States, other countries, as well as applicable state laws and may be subject
to penalties.
9. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and
displayed on this site are registered and unregistered Trademarks of
LONGEVITY FITNESS CLUB & SPA and others. Nothing on this site should be
construed as granting, by implication, estoppels, or otherwise, any license
or right to use any Trademark displayed on the site, without the written
permission of the Trademark owner. STEVEPFIESTER.COM aggressively enforces
its intellectual property rights to the fullest extent of the law. The
service mark(s), STEVEPFIESTER.COM may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on this
site, without prior, written permission. STEVEPFIESTER.COMprohibits use of
any of the forgoing names or marks as a metatag or as a "hot" link to any
site unless establishment of such a link is approved in advance by
STEVEPFIESTER.COM in writing. If You have any questions regarding any
trademarks on the site, please contact STEVEPFIESTER.COM.
10. Links
This site may provide links to other Internet sites. STEVEPFIESTER.COM is
not responsible for the availability of such other sites and does not
endorse and is not responsible or liable for any content, products or other
materials available on such other sites. Links to external web sites do not
constitute an endorsement by STEVEPFIESTER.COM of those sites or the
sponsors of such sites or the content, products, advertising or other
materials presented on such sites. Further, STEVEPFIESTER.COM reserves the
right to terminate any link or linking program at any time.
STEVEPFIESTER.COM does not author, edit, or monitor these unofficial pages
or links. You further acknowledge and agree that STEVEPFIESTER.COM shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any information, goods or services available on or through any such site.
If You decide to access any of the third party sites linked to this site,
You do this entirely at Your own risk.
11. Participation In Promotions Of
Advertisers
You may enter into correspondence with or participate in promotions of
advertisers promoting their products or services on this site
("Advertisers"). You acknowledge and agree that any such correspondence or
participation, including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely between You
and Advertiser. STEVEPFIESTER.COM shall have no liability, obligation or
responsibility whatsoever arising out of or in connection with any such
correspondence or participation or transactions.
12. Monitoring
You acknowledge that STEVEPFIESTER.COM or its designees reserves the right
to, and may from time to time, monitor any and all activity or information
transmitted or received through this site. STEVEPFIESTER.COM, in its sole
discretion and without further notice to You, may (but is not obligated to)
review, censor or prohibit any activity or the transmission or receipt of
any Information which STEVEPFIESTER.COM deems inappropriate (such as that
specified in above) or that violates any term or condition of this
agreement. During monitoring, information may be examined, recorded, copied,
and used for authorized purposes. Use of this site, authorized or
unauthorized, constitutes consent to such monitoring. Unauthorized uses and
unauthorized users of this site will be prosecuted to the full extent of the
law.
13. NO WARRANTIES
THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE
EXTENT EXPRESSLY PROVIDED IN AN AGREEMENT FOR SERVICE, ALL GOODS AND
SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM
STEVEPFIESTER.COM AND ITS PRODUCT PROVIDERS, STEVEPFIESTER.COM AND ITS
AFFILIATES AND PRODUCT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE
UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE TRANSACTIONS
PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR
PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, EACH OF STEVEPFIESTER.COM'S AND STEVEPFIESTER.COM'S
AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. YOU
ACKNOWLEDGE THAT THIS INTERNET SITE IS NOT ENGAGED IN PROVIDING PROFESSIONAL
LEGAL SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK
COMPETENT LEGAL COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY
CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO
ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED THROUGH YOUR USE OF
THIS SITE, THE TREASURE COAST ONLINE INTERNET SERVICE, OR THE CONTENT. YOU
ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS
SITE. WITHOUT LIMITING THE FOREGOING, NONE OF STEVEPFIESTER.COM'S NOR
STEVEPFIESTER.COM'S AFFILIATES OR PRODUCT PROVIDERS MAKES ANY WARRANTY THAT
(i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS,
(ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE
CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR
AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET
YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM STEVEPFIESTER.COM OR THROUGH THIS SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITED LIABILITY
TREASURE COAST ONLINE AND ALL OF STEVEPFIESTER.COM's AFFILIATES AND PRODUCT
PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE
LIABLE FOR ANY LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR OTHER
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY
KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL
OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION
INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM
OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES
PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER
AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE
LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO STEVEPFIESTER.COM, IF ANY,
FOR THE DEPOSIT OF SERVICE OR PRODUCT AT ISSUE.
15. Indemnity
You shall indemnify, defend, and hold harmless STEVEPFIESTER.COM and its
product providers and their respective shareholders, affiliates, employees,
agents, successors, officers, and assigns, from any suits, losses, claims,
demands, liabilities, costs and expenses (including attorney and accounting
fees) that they may sustain or incur arising from (i) Your use of the
services available on this site, (ii) Your failure to comply with any
applicable laws and regulations regarding services or good purchased or used
on this site, (iii) Your use of the content available on this site in any
way contrary to this agreement (d) Your breach of any of Your
representations, warranties or obligations set forth in this agreement, (iv)
the purchase, transportation, delivery, use or disposal of any
STEVEPFIESTER.COM service or product, associated with this site or available
through other sites, or any loss suffered by or harm to any person or
property in any way relating to of caused in whole or in part by Your use of
this site or any service or product associated with this site (including,
without limitation, any personal injuries or death of any third person
caused in whole or in part by such products or services, the use,
transportation, delivery, storage, handling or release thereof.
16. Beneficiaries of this Agreement; No
Other Agreements
The rights and limitations in this agreement are for the benefit of
STEVEPFIESTER.COM and each of STEVEPFIESTER.COM product providers, each of
which shall have the right to enforce its rights hereunder directly and on
its own behalf.
17. Termination
You agree that STEVEPFIESTER.COM may, at its sole discretion, deny You
access to the site and disable any user name and password associated with
You for any reason, including, without limitation, if
STEVEPFIESTER.COMbelieves that You have violated or acted inconsistently
with the letter or spirit of this agreement. STEVEPFIESTER.COM reserves the
right at any time and from time to time to modify or discontinue,
temporarily or permanently, the services offered under this site (or any
part thereof) with or without notice. You agree that STEVEPFIESTER.COM shall
not be liable to You or to any third party for any modification, suspension
or discontinuance of the services offered under this site.
18. Consumer Rights
STEVEPFIESTER.COM maintains specific contact information including an e-mail
address for notifications of complaints and for inquiries regarding pricing
policies. All correspondence should be addressed to STEVEPFIESTER.COM agent
for notice at the following address:
STEVEPFIESTER.COM
650 12th Street
Vero Beach, FL. 32960
E-mail:
www.info@wow-you.com
Telephone: (772) 778-6800
Facsimile: (772) 778-0071
You may contact STEVEPFIESTER.COM with complaints and inquiries regarding pricing and LONGEVITY FITNESS CLUB & SPA will investigate those matters and respond to the inquiries.
19. Controlling Law
This Agreement shall be construed under the laws of the State of Florida,
USA, excluding rules regarding conflicts of law. The application the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded.
20. Jurisdiction And Venue
You and STEVEPFIESTER.COM agree to submit to the exclusive personal
jurisdiction of the courts of Indian River County in the State of Florida,
USA in all legal proceedings arising under this Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.
![]()
|
2007, Steve Pfiester, All Rights Reserved. |
View our Privacy Policy and Terms of Use. |