Welcome to Core Fitness Enhancement, a service of Core Fitness Enhancement, LLC. (hereinafter, the "Company" or "CFE"). You must agree to the following terms of use in order to proceed and open a membership account to this website. Please review the following terms carefully, as they govern the relationship between you and the Company. If you do not agree to these terms, you may not open an account with this website, and you should not continue through the registration process.
Acceptance of Agreement: You hereby agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the CFE website. This Agreement constitutes the entire and only agreement between you and Company, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content posted on the website, the marketing copy of the website, all products or services provided by or through the website, and the subject matter of this Agreement. This Agreement may be amended at any time, from time to time, by CFE without specific notice to you. The latest Agreement will always be posted on the website, and you should review this Agreement prior to using the website.
PRIVACY POLICY. CFE respects your privacy and permits you to control the treatment of your personal information.
Legal Disclaimer & Release: The information provided on the CFE website is designed to help you make informed decisions about your health. It is not intended as a substitute for the advice or treatment that may have been prescribed by your physician or any other health care providers.
This website provides CFE's opinion in regards to the subject matter contained herein. You agree that your participation in the CFE programs is at YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY CFE, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR INJURIES ARISING FROM YOUR USE AND APPLICATION, EITHER DIRECTLY OR INDIRECTLY, OF ANY ADVICE, INFORMATION OR METHODS PRESENTED WITHIN THE SITE.
THE INFORMATION FROM OR THROUGH THE WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CFE AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GHF AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU ALSO HEREBY ACKNOWLEDGE AND UNDERSTAND THAT YOU MAY RECEIVE, THROUGH THE CFE SERVICE, EMAILS CREATED AND SENT BY HEALTH AND FITNESS EXPERTS THAT ARE NOT EMPLOYEES OR AGENTS OF CFE. ADDITIONALLY, YOU UNDERSTAND THAT ANY ACTIONS YOU TAKE ON THE ADVICE OF THE SENDER OF SUCH EMAILS ARE TAKEN AT YOUR OWN RISK. AS A RESULT, YOU HEREBY RELEASE AND DISCHARGE CFE FROM ANY CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND OR NATURE WHATSOEVER RELATED TO THE CONTENT OF SUCH EMAILS.
Before following any of the CFE information or recommendations you agree to consult with your physician and get a physical examination from your physician, especially if you are considered to be at risk for potential problems resulting from an exercise program and/or making changes in your diet.
By joining the CFE website, you understand and agree that you are solely responsible for the way that the information on the CFE website is perceived and utilized, and do so at your own risk. In no way will you hold CFE, nor any of its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers responsible for any injuries or problems that might occur due to your use of this website or the advice contained within.
Notwithstanding the foregoing or following paragraphs, the total liability of CFE and its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of the CFE website are hereby excluded even if CFE or its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, have been advised of the possibility of such damages.
CONSENT TO RECEIVE EMAIL. You hereby consent to receive periodic email communications from CFE regarding customer service issues, regular CFE content, new product offers and other matters.
OVER 18 YEARS OLD. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Membership Agreement: Those who become CFE members will receive a password that provides full access to all of the information presented within the CFE website and consulting from all of CFE's experts. Only registered CFE members have permission to view and print any and all of the information provided within the CFE website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of CFE.
The CFE membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password, or any of the information presented within the CFE website without specific written permission from CFE, is violating the conditions of this agreement with CFE. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.
The entire contents of the CFE website are copyrighted under the laws of the United States and other copyright laws. You agree to comply with all copyright laws intellectual property rights or negligent or wrongful conduct by you or any other person accessing CFE using your membership password.
You may terminate your CFE membership at any time, with or without cause, upon e-mail notice or a phone call, and we will promptly delete you from our files. Your membership will automatically renew, however, on your renewal date for the full membership price, as long as you still have access to the website, until you cancel your membership. The foregoing provisions regarding your confidential password, indemnification, waiver, and release and limitation of liability, shall survive any termination of this agreement, however.
REFUND POLICY. Once CFE bills you for a periodic membership fee, there shall be no refunds of such fees regardless of membership termination.
Placing a check in the box next to "I agree to the above Terms and Conditions" indicates that you have read the paragraphs above entirely, understand them completely, and agree to be bound by its terms.
Miscellaneous: This Agreement shall be treated as though it were executed and performed in Grand Rapids, Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). Any cause of action by you with respect to the website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Grand Rapids, Michigan. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. CFE's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
When submitting your personal and payment info on the CFE website, please feel comfortable and confident that your information is 100% safe and secure.
While we use the very best SSL encryption to protect personal, sensitive information on-line, we also do everything in our power to protect our members' information off-line as well. All of our members' information is restricted in our offices. Only employees who need the information to perform a specific task (i.e billing or customer service) are granted access to personally identifiable information.
Furthermore, all CFE employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our members' information is protected.
The Effective Date of these Terms & Conditions shall be February 18, 2006.