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By using this site, you signify your assent to these terms.
If you do not agree to these terms, please do not use the
site.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Stretch n-Grow Canada
(referred to as "Stretch n-Grow," "Workout With Tickerî,
"we," "us" or "our" herein). You may include a text-based
link to any portion of Workout With Ticker on your home
page or Web site. If you would like to use a logo or graphics-based
link, please contact us for more information.
No material from Stretch n-Grow Canada or any Web site owned,
operated, licensed or controlled by Stretch n-Grow Canada
may be copied, reproduced, republished, uploaded, posted,
transmitted or distributed in any way, except that you may
download one copy of the materials on any single computer
for your personal, noncommercial home use only, provided
you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for
any other purpose is a violation of Stretch n-Grow Canada's
copyright and other proprietary rights. For purposes of
this Agreement, the use of any such material on any other
Web site or networked computer environment is prohibited.
All trademarks, service marks and trade names are proprietary
to Stretch n-Grow Canada.
SUBMISSIONS
Workout With Ticker is pleased to hear from its visitors
and welcomes your comments regarding Workout With Ticker
website. Unfortunately, however, Stretch n-Grow Canada's
company policy does not allow it to accept or consider creative
ideas, suggestions or materials other than those it has
specifically requested. We hope you will understand that
it is the intent of this policy to avoid the possibility
of future misunderstandings when projects developed by Stretch
n-Grow Canada's professional staff might seem to others
to be similar to their own creative work. Accordingly, we
must, regretfully, ask that you do not send us any original
creative materials, such as stories or character ideas,
screenplays, or original artwork, unless we have requested
you to do so. While we do value your feedback on our services
and products, we request that you be specific in your comments
on those services and products, and not submit any published
creative ideas, suggestions or materials.
Notwithstanding the above, Workout With Ticker does encourage
its users to submit materials and information in certain
portions of the site. For further information related to
such submissions, please read the instructions and agreement
contained therein and the "Representations and Warranties;
Indemnification" section below.
If, despite our request that you not send us any creative
materials, you send us creative suggestions, ideas, notes,
drawings, concepts or other information (collectively, the
"Information"), the Information shall be deemed, and shall
remain, the property of Stretch n-Grow Canada. None of the
Information shall be subject to any obligation of confidence
on the part of Stretch n-Grow Canada, and Stretch n-Grow
Canada shall not be liable for any use or disclosure of
any Information. Without limitation of the foregoing, Stretch
n-Grow Canada shall exclusively own all now known or hereafter
existing rights to the Information of every kind and nature
throughout the universe, and shall be entitled to unrestricted
use of the Information for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the
Information.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
You represent and warrant to Stretch n-Grow Canada that
you will fully comply with these Conditions of Use. If you
choose to post material to any portion of workoutwithticker.com
or to submit any Information to Stretch n-Grow Canada, you
further represent and warrant to Stretch n-Grow Canada that
such materials are not subject to any copyright, proprietary
or intellectual property rights, or that you have obtained
express authorization from the holder of such rights to
distribute such materials on workoutwithticker.com. By posting
materials to any portion of workoutwithticker.com, you automatically
grant (or warrant that the owner of such rights has expressly
granted) Stretch n-Grow Canada a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, creative derivative works
from and distribute such materials or incorporate such materials
into any form, media or technology now known or later developed
throughout the universe. In addition, you warrant that all
"moral" rights in any such materials have been waived.
You hereby indemnify, defend and hold Stretch n-Grow Canada,
its parent and affiliated companies, and all officers, directors,
owners, agents, information providers, affiliates, licensers
and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability and costs
incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of this Agreement
or the foregoing representations, warranties and covenants,
including, without limitation, reasonable attorneys' fees.
You shall use your best efforts to cooperate with Stretch
n-Grow Canada in the defense of any claim. Stretch n-Grow
Canada reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you.
TERMINATION
This agreement is effective until terminated by either party.
You may terminate this agreement at any time by destroying
all materials obtained from any and all Stretch n-Grow Canada
site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of this
agreement or otherwise. This agreement will terminate immediately
without notice from Stretch n-Grow Canada if in Stretch
n-Grow Canada's sole discretion you fail to comply with
any term or provision of this agreement. Upon termination,
you must destroy all materials obtained from this site and
any and all other Stretch n-Grow Canada site(s), and all
copies thereof, whether made under the terms of this agreement
or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STRETCH
N-GROW CANADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. STRETCH N-GROW CANADA
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
STRETCH N-GROW CANADA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR AGE APPROPRIATENESS, POSSIBLE
INGREDIENT ALLERGY, CORRECTNESS, ACCURACY, RELIABILITY OR
OTHERWISE. YOU (AND NOT STRETCH N-GROW CANADA) ASSUME THE
ENTIRE COST OF ALL NECESSARY EXPENSES INCLUDING MEDICAL,
SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT
AS A SERVICE TO USERS OF THE WORKOUTWITHTICKER.COM SITE,
WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION
OF THE INTERNET AND THAT STRETCH N-GROW CANADA HAS NO CONTROL
OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER,
REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH
SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST
US WITH RESPECT TO SUCH SITES.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence,
shall Stretch n-Grow Canada and workoutwithticker.com be
liable for any special or consequential damages that result
from the use of, or the inability to use, the materials
in this site or any other site, even if Stretch n-Grow Canada
or a Stretch n-Grow Canada-authorized representative has
been advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of liability
or incidental or consequential damages, so the above limitation
or exclusion may not apply to you. In no event shall Stretch
n-Grow Canada's total liability to you for all damages,
losses and causes of action (whether in contract, tort--including,
but not limited to--negligence or otherwise) exceed the
amount paid by you, if any, for accessing this site.
OTHER
This site is created and controlled by Stretch n-Grow Canada.
in the Province of Ontario, Canada, As such, the laws of
the Province of Ontario, and the federal laws of Canada
applicable therein, shall govern these disclaimers, terms
and conditions, without giving effect to any principles
of conflicts of law. Stretch n-Grow Canada reserves the
right to make changes to its site and these disclaimers,
terms and conditions at any time.
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