The CrossFitNQ.com.au Web Site (the
"Site") is an online information service provided by Finomenal Fitness
("CrossFitNQ.com.au "), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE. CrossFitNQ.com.au MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF
THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses
and Idea Submissions.
The entire contents of the Site are
protected by international copyright and trademark laws. The owner of
the copyrights and trademarks are CrossFitNQ.com.au, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that
you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to CrossFitNQ.com.au a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to CrossFitNQ.com.au by all means and in any
media now known or hereafter developed. You also grant to
CrossFitNQ.com.au the right to use your name in connection with the
submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against CrossFitNQ.com.au for
any alleged or actual infringement or misappropriation of any
proprietary right in your communications to CrossFitNQ.com.au.
TrafficServer 1.01
TRADEMARKS.
Publications, products, content or
services referenced herein or on the Site are the exclusive trademarks
or servicemarks of CrossFitNQ.com.au. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied
by CrossFitNQ.com.au, CrossFitNQ.com.au does not operate, control or
endorse any information, products or services on the Internet in any
way. Except for CrossFitNQ.com.au- identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that
are not affiliated with CrossFitNQ.com.au a. You also understand that
CrossFitNQ.com.au cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE INTERNET. CrossFitNQ.com.au PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND CrossFitNQ.com.au SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
CrossFitNQ.com.au DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. CrossFitNQ.com.au HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL CrossFitNQ.com.au BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
CrossFitNQ.com.au OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, CrossFitNQ.com.au LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
CrossFitNQ.com.au makes no
representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access
a non-CrossFitNQ.com.au web site, please understand that it is
independent from CrossFitNQ.com.au, and that CrossFitNQ.com.au has no
control over the content on that web site. In addition, a link to a
CrossFitNQ.com.au web site does not mean that CrossFitNQ.com.au
endorses or accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless CrossFitNQ.com.au, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of
the Service), and 3 (Indemnification) are for the benefit of
CrossFitNQ.com.au and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of Australia applicable to
agreements made and to be performed in Australia. You agree that any
legal action or proceeding between CrossFitNQ.com.au and you for any
purpose concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in Australia . Any cause of action or claim you
may have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause
of action is barred. CrossFitNQ.com.au's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. CrossFitNQ.com.au may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.