Privacy Policy

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.



© 1999 - 2004 all rights reserved. All other trademarks, tradenames and/or service marks are the property of their respective holders. Although all information and prices contained herein are obtained from sources deemed to be reliable, Workoutwithticker.com assumes no responsibility for the accuracy of the information and no liability for any errors and/or omissions. All information is subject to change without notice. 

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