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PLEASE READ
THIS “TERMS OF USE” AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
BY USING, VISITING, SHOPPING, OR BROWSING THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION
OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE,
PLEASE DO NOT USE OUR SERVICES, PURCHASE OUR PRODUCTS, OR
VISIT OUR WEBSITE.
GENERAL
These Terms shall govern the viewing of this
website, the purchase of any products from it, and the use/purchase of any services
on/from it, to the exclusion of any other terms and conditions. These Terms supersedes
all prior or contemporaneous agreements, representations, warranties, and understandings
with respect to the Website, the content, products, or services provided by or through
the Website, and the subject matter of these Terms of Use.
These Terms are subject to change at any time
without notice by Unisexy Fitness by updating this posting. The new Terms will be binding
upon you. You should visit this page from time to time to review the then-current
Terms.
You acknowledge that you do not rely on any
representation and/or warranty that has not been made in accordance with this
agreement.
LIABILITY DISCLAIMER, WAIVER, AND
RELEASE
THE CREATORS, PRODUCERS, PARTICIPANTS AND
DISTRIBUTORS OF PRODUCTS ON THE UNISEXY FITNESS WEBSITE CANNOT GUARANTEE THEIR SUITABILITY AND
SAFETY FOR EACH INDIVIDUAL. FOR THAT REASON, ALL PRODUCTS OFFERED ARE SOLD WITHOUT WARRANTIES
OF ANY KIND.
ANY LIABILITY, LOSS OR DAMAGE IN CONJUNCTION WITH ANY USE OF THE
PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY LIABILITY, LOSS OR DAMAGE RESULTING FROM THE
PERFORMANCE OF THE EXERCISES DEMONSTRATED, OR THE ADVICE
AND INFORMATION GIVEN IS EXPRESSLY DISCLAIMED.
This site and the materials and products on this
site are provided "as is" and without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to applicable law, Unisexy Fitness disclaims
all warranties, express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and non-infringement. Unisexy
Fitness does not represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that this site or the
server that makes the site available are free of viruses or other harmful components.
Unisexy Fitness does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or exclusions
on warranties, so the above limitations may not apply to you.
INTELLECTUAL
PROPERTY
The Site and all of its contents including, but
not limited to, articles, other text, photographs, illustrations, graphics, product
names, designs, logos, and the collection, arrangement, and assembly of all content
(collectively, “the Intellectual Property”) are protected by copyright, trademark, and
other laws of Canada, the United States as well as international conventions and the laws
of other countries. The Intellectual Property is the exclusive property of Unisexy
Fitness.
LIMITED RIGHT TO
USE
The viewing of any content, graphic, form, or
document from the Website grants you only a limited, non-exclusive license for use solely
by you for your own personal, non-commercial use. You may not modify, copy, distribute,
transmit, display, quote, reference, describe, link to, reproduce, publish, license,
create derivative works from, transfer, or offer for sale any information contained on,
or obtained from, the Site. Unauthorized uses of the website will be investigated and
appropriate legal action will be taken, including civil, criminal, and injunctive
redress.
You acknowledge that this website is the
intellectual property of the Website, and no portion of this website may be copied,
quoted, referenced, described, or linked to without the prior written consent of the
Website.
You acknowledge that this agreement is the
intellectual property of the Website, and no portion of this agreement may be copied,
quoted, referenced, described, or linked to without the prior written consent of the
Website.
USER SUBMISSIONS
Unisexy Fitness does not claim ownership of the
materials you provide to Unisexy Fitness (including feedback and suggestions) or post,
upload, input or submit to any Unisexy Fitness Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Unisexy Fitness, its affiliated companies and
necessary sublicenses permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Unisexy Fitness is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in Unisexy Fitness's sole
discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions.
LINKS TO THIRD PARTY
SITES
In an attempt to provide increased value to
our visitors, Unisexy Fitness may link to sites operated by third parties. However, even
if the third party is affiliated with Unisexy Fitness, Unisexy Fitness has no control
over these linked sites, all of which have separate privacy and data collection
practices, independent of Unisexy Fitness. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, Unisexy Fitness
seeks to protect the integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
PARTICIPATION
DISCLAIMER
Unisexy Fitness does not and cannot review all
communications and materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute user-generated
content on the site, Unisexy Fitness is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating to any contents
or activities on the site. However, Unisexy Fitness reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory, or obscene,
(b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or;
other intellectual property right of another or (d) offensive or otherwise unacceptable
to Unisexy Fitness in its sole discretion.
TYPOGRAPHICAL
ERRORS
In the event that a Unisexy Fitness product is
mistakenly listed at an incorrect price, Unisexy Fitness reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. Unisexy Fitness
reserves the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been charged for
the purchase and your order is cancelled, Unisexy Fitness shall issue a credit to your
credit card account in the amount of the incorrect price.
RETURN
POLICY
It, for
any reason, you are not 100% satisfied with your order, simply return it to us within
60-days for a full refund of the purchase price, less shipping costs – no questions
asked. We will
replace any defective video, at no cost to you, for up to 60 days from the date of purchase.
No replacements will be made for videos or DVDs unless they were purchased directly from
us.
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Defective DVDs
will be replaced with the SAME title
only.
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Shipping charges
are not refundable.
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We do not pay for
postage on returns.
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Customers are
responsible for the shipping charges if order is
refused.
MISCELLANEOUS
If a court finds a portion of this Agreement unenforceable, the rest of this
Agreement will continue to apply. This is the entire Agreement between you and us relating to
the Website and this Agreement replaces all prior written or oral agreements that may have
existed between us. You cannot transfer your rights or obligations under this Agreement to
anyone without our written permission. Our failure to enforce any provision of this Agreement
does not waive our right to enforce the same provision in the future. To the maximum extent
permitted by law, this Agreement shall be governed by and be construed and interpreted in
accordance with the laws of the Province of Quebec and the federal laws of Canada applicable
therein in all disputes arising out of or relating to the use of the Unisexy Fitness Web Site.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. The section headings contained in this Agreement
are for informational purposes only, but are not, themselves, enforceable provisions of this
Agreement.
INDEMNITY
You agree to
indemnify, defend, and hold harmless Unisexy Fitness, its officers, directors, employees,
agents, licensors and suppliers from and against any claims, actions, demands, damages
and costs, including reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the site using your Internet
account.
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