Intellectual Property Rights
Our name and logos are registered trademarks and may not be used without our written consent. You agree that all the materials displayed on or available through our website, including without limitation any and all names, logos, data, information, graphics, underlying software, displayed on or available from our website, are protected by copyright, trademark and other intellectual property laws are owned by us and our Licensees and are available for your personal use only. In connection with viewing and using our website, you are permitted to temporarily download one copy of the materials posted on our website onto a single computer for your personal, non-commercial use only.
You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms or with our express written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from our website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms. All copyright and other proprietary notices contained in downloadable materials must be retained.
Links to Other Websites
Links to other websites are provided for your convenience. We do not control these other websites and we cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on our website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. We will not be liable for any damages or injury arising from your access to such sites or content.
Before disclosing your personal information or using other websites, we recommend that you examine the privacy policies as well as the Terms & Conditions of those websites, as they may differ from our website.
Limitations on Use of Site
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent of an authorised Rick Westman Fitness representative. Such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to our site.
Our site may provide you with the ability to use usernames, passwords or other codes or devices to gain access to restricted portions of our site. The content contained in such restricted areas is protected intellectual property.
Limitation of Liability and Disclaimer
RICK WESTMAN FITNESS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON OUR SITE. LIKE ANY WRITTEN MATERIALS, THE INFORMATION PROVIDED ON OUR SITE MAY BECOME OUTDATED OVER TIME. RICK WESTMAN FITNESS UNDERTAKES NO OBLIGATION TO CORRECT OR UPDATE ANY CONTENT OR INFORMATION ON OUR SITE. RICK WESTMAN FITNESS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN CONTENT ABOUT THE PRODUCTS OR SERVICES DESCRIBED ON OUR SITE AT ANY TIME WITHOUT NOTICE, AND RESERVES THE RIGHT TO ALTER OR DELETE CONTENT AND INFORMATION FROM OUR SITE AT ANY TIME. ALL RICK WESTMAN FITNESS WEBSITE CONTENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AS TO TITLE, FREEDOM FROM ENCUMBRANCE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMISSIBLE BY LAW. NEITHER RICK WESTMAN FITNESS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR SITE WILL BE LIABLE FOR YOUR USE OF OR RELIANCE ON CONTENT CONTAINED ON OUR SITE UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY AND MISREPRESENTATION (EXCLUDING FRAUDULENT MISREPRESENTATION). NEITHER SHALL RICK WESTMAN FITNESS BE LIABLE FOR ANY INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, LOSS OF SAVINGS, BUSINESS OPPORTUNITIES, REVENUE AND PROFIT AND DAMAGE TO GOODWILL ARISING OUT OF CONTENT ON OUR WEBSITE, EVEN IF RICK WESTMAN FITNESS IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RICK WESTMAN FITNESS’ TOTAL LIABILITY TO YOU FOR ANY OR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING FROM OR RELATED TO OUR WEBSITE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEB SITE.
With respect to all communications you make to us regarding our website content, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Although our website is accessible worldwide, content is intended only for residents of Australia. These Terms shall be governed by and construed in accordance with the laws of Australia, subject to any other applicable laws. (“Applicable Jurisdictions”). We make no representations that the materials on our web site are appropriate or available for use in locations outside of Australia.
Our website is a general audience site. Minors should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the Internet.
Please direct all enquiries to firstname.lastname@example.org