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Trade
mark
The name Superfit-Kids ™ is a trademark and
may not be used or reproduced without the expressed
written consent of Superfit-Kids.
Any Logos, in full or any part thereof, are trademarks
and are copyright protected, and requires written permission
from Superfit-Kids
Website
By accessing this site, you acknowledge and agree to
all of our terms, conditions and privacy policies below,
and otherwise contained on or referenced in this site
(the "Agreement"). If you do not agree to
this Agreement, you are not authorized to access this
site. You also acknowledge and agree that we may modify
this Agreement at any time, in our sole discretion;
that all modifications to this Agreement will be effective
immediately upon our posting of the modifications on
this site; and that you will review this Agreement each
time you access this site, so that you are aware of
and agree to any and all modifications made to this
Agreement. You also acknowledge and agree that, unless
we specifically provide otherwise, this Agreement only
applies to this site and our online activities, and
does not apply to any of our offline activities.
You acknowledge and agree that all materials, including,
without limitation, content, data, software, information,
products and services, contained on or provided through
this site ("Materials"), are protected by
copyright, trademark, service mark, patent, trade secret,
or other proprietary rights or laws; that except as
specifically permitted by this Agreement, any use of
Materials is strictly prohibited; that except if we
and/or the applicable rights holder(s) give you prior
written permission, you will not sell, license, rent,
modify, print, copy, reproduce, download, transmit,
distribute, publicly display, publicly perform, publish,
edit, adapt, compile, or create derivative works from
any Materials (including, without limitation, through
framing or systematic retrieval to create collections,
compilations, databases or directories); and that except
if we give you prior written permission, use of any
Web browsers (other than generally available third-party
browsers), engines, software, spiders, robots, avatars,
agents, tools, or other devices or mechanisms to navigate
or search the site is strictly prohibited. Notwithstanding
the foregoing, you may download or print single copies
of Materials for your personal, non-commercial use only,
provided you keep intact all copyright and other proprietary
notices.
You acknowledge and agree that we, in our sole discretion,
at any time and with or without notice, may block or
terminate your or any other party's access to all or
part of the site or any Materials, or change or discontinue
any aspect or feature of the site or any Materials (including,
without limitation, discontinuing the site in its entirety);
and that, without limitation of any other provisions
of this Agreement, we reserve the right to take any
actions at law or in equity that we deem appropriate
in connection with the site, Materials and this Agreement.
You also acknowledge and agree that, unless we specifically
provide otherwise, any links on this site to other sites
do not imply our endorsement of such sites or that we
have any association whatsoever with the operators of
such sites; that such sites are not under our control;
and that we are not responsible for any materials (including,
without limitation, any content, data, software, information,
products or services) contained on or provided through
such sites, or the appropriateness, decency, legality,
copyright compliance, accuracy or any other aspect of
such sites.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL "MATERIALS"
ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES
ONLY; THAT NEITHER THIS SITE NOR ANY "MATERIALS"
ARE INTENDED TO CONSTITUTE, AND DO NOT CONSTITUTE, THE
PRACTICE OR FURNISHING OF MEDICAL OR PROFESSIONAL HEALTH
CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT,
DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES;
AND THAT YOU WILL ALWAYS CONSULT WITH YOUR QUALIFIED
PROVIDER FOR MEDICAL OR HEALTH CARE ADVICE, DIAGNOSIS,
CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION,
PRODUCTS AND/OR SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE
THAT ANY MEDICAL OR HEALTH CARE PROVIDER OR OTHER DIRECTORIES
OR LOCATORS (INCLUDING, WITHOUT LIMITATION, THEIR CONTENTS
AND RESULTS) CONTAINED ON OR PROVIDED THROUGH THIS SITE
ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES
ONLY, AND DO NOT IMPLY OUR ENDORSEMENT OF, OR THAT WE
HAVE ANY ASSOCIATION WHATSOEVER WITH, SUCH PROVIDERS.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE AND
"MATERIALS" ARE AT YOUR OWN RISK, AND ARE
PROVIDED ON "AS IS" AND "AS AVAILABLE"
BASES; THAT WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WITH REGARD
TO THIS SITE OR ANY "MATERIALS" (INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE);
AND THAT WE DO NOT WARRANT OR REPRESENT THAT THIS SITE
OR ANY "MATERIALS" WILL BE ACCURATE, RELIABLE,
CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE
OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM
VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE OR OTHER
HARMFUL COMPONENTS). IN JURISDICTIONS NOT ALLOWING THE
EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR AND
OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS
LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE
AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES RELATING TO THE USE, MISUSE OR INABILITY TO
USE THIS SITE OR ANY "MATERIALS" (WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, AND EVEN IF WE AND/OR OUR SUBSIDIARIES,
AFFILIATES, LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN
ADVISED OF A POSSIBILITY OF DAMAGES); AND THAT IF YOU
ARE DISSATISFIED WITH, OR CLAIM ANY DAMAGES RELATING
TO, ANY PORTION OF THIS SITE, ANY "MATERIALS"
OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THIS SITE AND ALL "MATERIALS".
IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION
OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, OUR AND OUR
SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY
WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You acknowledge and agree that you will indemnify and
hold harmless us and our subsidiaries, successors, assigns,
affiliates, licensors and suppliers, together with all
of their respective officers, directors, employees and
consultants, against any and all claims, damages, losses,
liabilities, judgments, costs and expenses (including
reasonable attorneys' fees and costs) relating to your
use, misuse or inability to use this site or any Materials,
or to your violation of this Agreement, any laws, rules
or regulations, or any rights of any third parties;
that we reserve the right to exclusively defend and
control any such indemnification matters; and that you
will fully cooperate with us in any such defenses.
You acknowledge and agree that if you are located in
any jurisdiction in the world where any common, statutory,
regulatory, codified or other law, rule or regulation
makes accessing this site or any Material inappropriate
or illegal, or subject to consents or permissions that
you yourself have not obtained, or voids this Agreement
in whole or in part, then you are not authorized to
access this site or any Material. You also acknowledge
and agree that this Agreement will be governed by and
construed in accordance with the laws of the State of
Florida, excluding conflicts of law provisions; that
the exclusive jurisdiction for any claim or action relating
to your use, misuse or inability to use this site or
any Materials, or to this Agreement, will be in the
state or federal courts located in the State of Florida;
that you will irrevocably submit to the exclusive personal
jurisdiction of such courts for the purpose of litigating
any such claim or action; and that you will irrevocably
waive any jurisdictional, venue or inconvenient forum
objections to such court.
You acknowledge and agree that if any provision of
this Agreement is held by any court or other tribunal
of competent jurisdiction to be not enforceable, then
such provision will be eliminated or limited to the
minimum extent necessary so that this Agreement will
otherwise remain in full force and effect; that this
Agreement constitutes the entire agreement between you
and us relating to the subject matter hereof, and supersedes
any and all prior agreements or understandings between
you and us, whether oral or written, relating to any
subject matter of this Agreement; that this Agreement
may not be modified, in whole or in part, except by
us and as otherwise might be specifically described
elsewhere in this Agreement; and that anything contained
on or provided through this site that is inconsistent
with or conflicts with the terms of this Agreement is
superseded by the terms of this Agreement.
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