Effective Date: May 1st, 2013
The DebbieReichertFitness.com website, along with the source HTML files or other code that creates the functionality of this website (which may hereafter be referred to as the “Site”) is an information service provided to the purchaser by Debbie Reichert Fitness, 8494 Cotter St. Lewis Center, OH 43035(hereinafter “DRF”).
LICENSE & RESTRICTIONS
All rights, title and interest, copyrights, trademarks and all intellectual property rights in the content of this website are the exclusive property of DRF. The names, images, pictures, and logos of DebbieReichertFitness.com’s service are proprietary of DRF and its affiliates. Except as expressly stated below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under trademark, copyright or any other of DRF intellectual property rights. As an DRF/DebbieReichertFitness.com customer you are granted a restricted license that is nonexclusive, nontransferable, to view the materials created from this website, provided it is used only for informational, non-commercial purposes, and you do not remove or obscure the copyright notice or other notices that appear on the website. Except as expressly provided herein, you shall not use any portion of the DebbieReichertFitness.com site, or any other intellectual property of DRF, in the source code of any other website, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any content without the prior written consent of DRF. Retrieval of data or content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory, without prior written consent of DRF is strictly prohibited. The content on this website is the exclusive property DRF and is protected by U.S. and international copyright laws. You are prohibited from renting, leasing, or loaning to anyone the content of this site. This website may contain links to other sites that are not under the domain of DRF. These links are provided solely for your convenience. DRF makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of such sites and DRF advises you to use these sites at your own risk.
The content and materials in this website are provided “as is” and without representations or warranties of any kind whatsoever, either express or implied. DRF and DebbieReichertFitness.com expressly disclaims all warranties, express or implied, with respect to this website including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. DRF and or DebbieReichertFitness.com do not warrant or represent that the functions or operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site, its servers or any e-mail sent from DRF and or DebbieReichertFitness.com are virus free. DRF and or DebbieReichertFitness.com expressly disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to inaccuracies of the information or content or product of this website, including but not limited to any errors or omissions of content or technical inaccuracies of any product. In the event your state disallows the disclaimer of implied warranties, the foregoing disclaimer will not apply.
This Arbitration Provision sets forth the circumstances and procedures under which a Dispute, Claim or Claims (as defined below) may be arbitrated instead of litigated in court. This Arbitration Provision will apply to your access to and/or use of this website, unless you notify us in writing that you reject the Arbitration Provision within 60 days of the date of activity of your first website access relating to your dispute or claim. Send your rejection notice to DRF at 8494 Cotter St. Lewis Center, OH 43035. Your notice must include your name and post office address, estimate number and date of purchase. Your rejection notice should not include any other correspondence. Calling us to reject the Arbitration Provision or providing notice by any other manner or format than as described above will not operate as a rejection of this Arbitration Provision and consequently this Arbitration Provision will apply to you and your dispute. Rejection of this Arbitration Provision does not serve as rejection of any other term or condition of DRF or the DebbieReichertFitness.com website or of the End User License Agreement or any other applicable agreement with us. This Arbitration Provision will not apply to a dispute previously asserted, or which are later asserted, in lawsuits filed before the effective date of this Arbitration Provision or any prior arbitration provision between you and us, whichever is earlier. As used in this Arbitration Provision, the word “dispute or claim” means any controversy between you and DRF or DebbieReichertFitness.com arising from or relating to the use of the website without limitation, the validity, enforceability, or scope of this Arbitration Provision. A “dispute or claim” includes claims of every kind and nature, whether pre-existing, present, or future. The words “dispute or claim” is to be given the broadest possible meaning and includes, by way of example and without limitation, any claim, or controversy that arises from or relates to any product purchased, advertisements, promotions, or oral or any written statements related. As used in this Arbitration Provision, the terms “we”, “us” “our” refer collectively to DRF and or DebbieReichertFitness.com and their respective subsidiaries. Any Claim shall be resolved, upon the election of you or us, by binding arbitration pursuant to this Arbitration Provision and the applicable rules of arbitration as utilized by the Better Business Bureau (“BBB”). If you initiate an arbitration against us or if either you or we compel arbitration of a dispute that the other party has brought in court, or if we intend to initiate an arbitration against you, we will notify you in writing and give you twenty (20) days to select the above referenced organization to serve as the arbitration administrator. If for any reason the selected organization is unable or unwilling or ceases to serve as the arbitration administrator, you will have twenty (20) days to select a different administrator; if you fail to select a different administrator within the twenty (20)-day period, we will select one. In all cases, a party who has asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim(s) subsequently asserted in that lawsuit by any other party or parties.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. YOU UNDERSTAND THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ARBITRATION ADMINISTRATOR MAY BE GREATER THAN THE FEES CHARGED BY A COURT.
There shall be no authority for any dispute or claims to be arbitrated on a class action or private attorney general basis. Furthermore, arbitration can only decide your or our dispute or claim(s) and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable BBB Arbitration Rules. The arbitrator will decide whether we or you will be responsible for paying the arbitration fees. If the arbitrator issues an award in our favor, you will not be required to reimburse us for any of the fees we have previously paid to the administrator or for which we are responsible. Each party shall bear the expense of there own attorneys’, experts’, and witness fees, regardless of which party prevails in the arbitration, unless applicable law gives a party the right to recover any of those fees from the other party. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. Sections 1 et seq. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of any party, shall provide a brief written explanation of the basis for the award. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA and except that, if the amount in controversy exceeds $10,000.00, any party can appeal the award to a three-arbitrator panel administered by the arbitration administrator which shall reconsider de novo (i.e., without regard to the original arbitrator’s findings) any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal. You and we shall keep confidential any decision of an arbitrator made with respect to any dispute or claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, shall not disclose such decision to any other person.
This Arbitration Provision shall survive expiry of your purchase and website access and any termination of any purchase. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision. In the event of a conflict or inconsistency between the applicable BBB Arbitration Rules and this Arbitration Provision, this Arbitration Provision shall govern.
Use of this website shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any principles of conflicts of laws. Any dispute concerning this site shall be subject to the exclusive venue of a court of competent jurisdiction in Franklin County, Ohio.
MODIFICATIONS OF THE TERMS AND CONDITIONS
The terms and conditions of this website may be changed or modified with or without notice by DRF.
The Terms and Conditions contained in this notice and or incorporate by reference that are contained on this website constitute the entire agreement with respect to your access to and use of the DRF / DebbieReichertFitness.com website.