1. Permitted Use of the Site
2. Prohibited Use of the Site
By accessing the Site, you agree that you will not:
copy, modify, or create a derivative work from, reverse engineer, or reverse assemble, the Site in any way, or otherwise attempt to discover any source code, or allow any third party to do so;
sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
use or launch any automated system (including without limitation, “robots,” “spiders,” or “offline readers”) that accesses the Site in a manner that sends more request messages to Top Form Fitness's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; use the Site in any manner that damages, disables, overburdens, or impairs any Top Form Fitness website or interferes with any other party's use and enjoyment of the Site;
mirror or frame the Site or any part of it on any other website or webpage;
attempt to gain unauthorized access to the Site; access the Site by any means other than through the interface that is provided by Top Form Fitness for use in accessing the Site; or use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement. Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
3. Copyrights and Trademarks
The Site is based upon proprietary Top Form Fitness technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Top Form Fitness or its licensors (if any). Top Form Fitness owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Top Form Fitness, the Top Form Fitness logos, and other marks used by Top Form Fitness from time to time are trademarks and the property of Top Form Fitness. The appearance, layout, color scheme, and design of the various sites owned and operated by Top Form Fitness are protected trade dress. You do not receive any right or license to use the foregoing. Top Form Fitness may use and incorporate into the Site or the Top Form Fitness Services any suggestions or other feedback you provide, without payment or condition.
4. Information and Materials You Post or Provide
5. Links to Third-Party Websites
6. Downloading Files
Top Form Fitness cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs.
7. Disclaimers; Limitations of Liability
TOP FORM FITNESS AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOP FORM FITNESS AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOP FORM FITNESS, CO IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOP FORM FITNESS AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF TOP FORM FITNESS OR ANY OF TOP FORM FITNESS'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, TOP FORM FITNESS IS DETERMINED TO HAVE ANY LIABILITY TO YOU, YOUR ORGANIZATION OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE YOU AGREE THAT THE AGGREGATE LIABILITY OF TOP FORM FITNESS AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS; PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.
10. General Provisions