SITE TERMS & CONDITIONS INTRODUCTION
Welcome to Merrithew.com. This Site is provided, owned and operated by Merrithew International Inc. O/A Merrithew Health & Fitness™ (MH&F) . Please review the following basic rules that govern your use of our Site (the "Agreement".) Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms. Merrithew.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Merrithew.com website following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site. 1) USE OF THIS SITE
This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above) , publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of Merrithew.com or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. Merrithew Health & Fitness is a trademark of Merrithew Corporation, used under license. Top of Page 2) SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Merrithew.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Merrithew.com on this Site and other than generally available third party web browsers (e.g. Internet Explorer, Firefox, Safari.) Top of Page 3) GENERAL
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Merrithew.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Merrithew.com's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Ontario law as such law applies to agreements between Ontario residents entered into and to be performed within Ontario. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Ontario. Top of Page
4) USER REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Merrithew.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Merrithew.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Merrithew.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, Merrithew.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Merrithew.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
Merrithew.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) , and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
If and when Merrithew.com posts comments on its site or any of its affiliated sites, although it will not regularly review posted Comments, it will reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Merrithew.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Merrithew.com and its affiliates for all claims resulting from any Comments you submit. Merrithew.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
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You agree to defend, indemnify and hold Merrithew.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and any products sold via this site. Please also see section 12 of this document. Top of Page
This site is provided by Merrithew Health & Fitness™ on an "as is" and "as available" basis. MH&F makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, MH&F disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, MH&F disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of the Merrithew.com web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you. Top of Page
8) LIMITATION OF LIABILITY
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Merrithew.com or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Merrithew.com web site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Merrithew.com has been advised of or should have known of the possibility of such damages. In no event will Merrithew.com be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six-month period preceding the date on which the claim arose.
The information (including, without limitation, advice and recommendations) and services on the Merrithew.com site is intended solely as a general educational aid and is neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. Nothing contained in the Merrithew.com site is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither Merrithew.com nor its affiliates, suppliers or users are engaged in rendering legal, medical, counselling, or other professional services or advice. Your use of the Merrithew.com site is subject to the additional disclaimers and caveats that may appear throughout the site. Merrithew.com and its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on Merrithew.com. While Merrithew.com strives to keep the information on the Merrithew.com site accurate, complete, and up-to-date, Merrithew.com and its affiliates and suppliers cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information. Top of Page
9) TRADEMARKS AND COPYRIGHT
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Merrithew.com, and are owned by Merrithew Corporation,, one of its affiliates or by third parties who have licensed their materials to Merrithew.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Merrithew.com and is also protected by U.S. and international copyright laws.
Merrithew Health & Fitness™ DVD programs are fully protected under the laws of copyright and trademark. Any unauthorized duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent of Merrithew Health & Fitness™ is strictly forbidden by the laws of the United States and other countries. Violators will be prosecuted to the maximum extent of the law.
© 2012 Merrithew Corporation. All Rights Reserved.
Merrithew.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Web site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Merrithew.com's or any third party's intellectual property rights.
The Merrithew Health & Fitness™ or any other brand in association’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Merrithew Corporation, used under license. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Web site. Access to this Web site does not authorize anyone to use any name, logo or mark in any manner.
References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Merrithew.com's endorsement, sponsorship or recommendation of the third party, information, product or service. Merrithew.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
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