Terms of Use
Please Read Carefully Before Using This Website:
blueNickel Fitness, LLC maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the www.blue-nickel.com (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR
ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Website, your use of the Website will be
deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website shall be subject
to (i) certain designated terms (see Section B below) in addition to those terms applicable
to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE
TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU,
YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
blueNickel Fitness, LLC may, at any time, for any reason and without notice, make
changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the
products and/or services as described in this Website. Any modifications will take effect
when posted to the Website. Therefore, each time you access the Website, you need to
review the Terms of Use upon which access and use of this Website is conditioned. By
your continuing use of the Website after changes are posted, you will be deemed to have
accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located in the United States. It
is not directed to any person or entity in any jurisdiction where (by reason of nationality,
residence, citizenship or otherwise) the publication or availability of the Website and
its content, including its products and services, are unavailable or otherwise contrary
to local laws or regulations. If this applies to you, you are not authorized to access
or use any of the information on this Website. blueNickel Fitness, LLC makes no
representation that the information, opinions, advice or other content on the Website
(collectively, "Content") is appropriate or that its products and services are available
outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local
laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions
of the Content (including without limitation text, graphics, software, audio and video
files and photos) of this Website for your informational, non-commercial use, provided
that you leave all the copyright notices, including copyright management information, or
other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a
significant portion of the Content on this Website, or the design or layout of the Website
or individual sections of it, in any form or media. The systematic retrieval of data from
the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of
interception by third parties. Please consider this fact before e-mailing any information.
Also, please consult our Privacy Policy www.blue-nickel.com. You agree not to submit
or transmit any e-mails or materials through the Website that: (i) are defamatory,
threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other
harmful component, (iii) incorporate copyrighted or other proprietary material of any
third party without that party's permission or (iv) otherwise violate any applicable laws.
blueNickel Fitness, LLC shall not be subject to any obligations of confidentiality
regarding any information or materials that you submit online except as specified in these
Terms of Use, or as set forth in any additional terms and conditions relating to specific
products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information,
software or other material available through the Website without the prior written consent
of blueNickel Fitness, LLC is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are
copyrighted and are protected by United States and international copyright laws and
treaty provisions. You may access, download and print materials on this Website solely
for your personal and non-commercial use; however, any print out of this Site, or portions
of the Site, must include blueNickel Fitness, LLC’s copyright notice. No right, title or
interest in any of the materials contained on this Site is transferred to you as a result of
accessing, downloading or printing such materials. You may not copy, modify, distribute,
transmit, display, reproduce, publish, license any part of this Site; create derivative works
from, link to or frame in another website, use on any other website, transfer or sell any
information obtained from this Site without the prior written permission of blueNickel
Fitness, LLC.
Except as expressly provided under the "Scope of Use" Section above, you may not
use, reproduce, modify, transmit, distribute, or publicly display or operate this Websitewithout the prior written permission of blueNickel Fitness, LLC. You may not use a part
of this Website on any other Website, without blueNickel Fitness, LLC’s prior written
consent.
blueNickel Fitness, LLC respects the intellectual property rights of others and expects
our users to do the same. The policy of blueNickel Fitness, LLC is to terminate the
accounts of repeat copyright offenders and other users who infringe upon the intellectual
property rights of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact us at contact@blue-nickel.com
6. Links
For your convenience, we may provide links to various other Websites that may be of
interest to you and for your convenience only. However, blueNickel Fitness, LLC
does not control or endorse such Websites and is not responsible for their content nor is
it responsible for the accuracy or reliability of any information, data, opinions, advice,
or statements contained within such Websites. Please read the terms and conditions or
terms of use policies of any other company or website you may link to from our website.
These Terms of Use policy applies only to blueNickel Fitness, LLC’s website and the
products and services blueNickel Fitness, LLC offers. If you decide to access any of the
third party sites linked to this Website, you do so at your own risk. blueNickel Fitness,
LLC reserves the right to terminate any link or linking program at any time. blueNickel
Fitness, LLC disclaims all warranties, express and implied, as to the accuracy, validity,
and legality or otherwise of any materials or information contained on such sites.
You may not link to this Website without blueNickel Fitness, LLC’s written permission.
If you are interested in linking to this Website, please contact contact@blue-nickel.com
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to blueNickel Fitness, LLC
that you will not use the Website for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Website in any manner that could
damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Website. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through
the Site.
8 . Spamming
Gathering email addresses from blueNickel Fitness, LLC through harvesting or
automated means is prohibited. Posting or transmitting unauthorized or unsolicited
advertising, promotional materials, or any other forms of solicitation to other users is
prohibited. Inquiries regarding a commercial relationship with blueNickel Fitness, LLC
should be directed to: contact@blue-nickel.com
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS
IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER
EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION,
ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH blueNickel Fitness,
LLC EXPRESSLY DISCLAIMS. blueNickel Fitness, LLC DOES NOT ENDORSE
AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS,
CURRENCY, OR RELIABILITY OF THE CONTENT, AND blueNickel Fitness, LLC
WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY
TO UPDATE THE CONTENT OF THE WEBSITE. blueNickel Fitness, LLC MAKES
NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL
BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY
RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND
USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS
TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR
OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL
COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY
blueNickel Fitness, LLC SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY
TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of
Maryland USA, without reference to its choice of law rules. If an applicable law is in
conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to
conform to the law. The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with blueNickel Fitness, LLC. Those agreements are
separate and in addition to these Terms of Use. These Terms of Use do not modify, revise
or amend the terms of any other agreements you may have with blueNickel Fitness,
LLC.
12. DMCA Copyright Policy and Copyright Agent
blueNickel Fitness, LLC respects the intellectual property rights of others. If you
believe something on this Site has infringed your intellectual property rights, please
notify our agent and provide the following information:
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Siteís Copyright Agent can be reached at: contact@blue-nickel.com
13. U.S. Resident
You represent that you are a United States resident.
14. No Professional Advice
The information available on the Website is intended to be a general information resource
regarding the matters covered, and is not tailored to your specific circumstance. You
should not construe this as legal, accounting or other professional advice. This Website
is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION,
OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION
WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX,
FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other users. blueNickel Fitness,
LLC reserves the right, but has no obligation, to monitor disputes between you and other
users.
16. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights
to the content that you post; that the content is accurate; that use of the content you
supply does not violate these Terms of Use and will not cause injury to any person or
entity; and that you will indemnify [blueNickel Fitness, LLC or its affiliates for all
claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the
public (“Public Area”) or if you submit any business information, idea, concept or
invention to blueNickel Fitness, LLC by email, you automatically represent and warrant
that the owner of such content or intellectual property has expressly granted blueNickel
Fitness, LLC a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to
use, reproduce, create derivative works from, modify, publish, edit, translate, distribute,
perform, and display the communication or content in any media or medium, or any
form, format, or forum now known or hereafter developed. blueNickel Fitness, LLC
may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any
business information, ideas, concepts or inventions private or proprietary, you must not
submit them to the Public Areas or to blueNickel Fitness, LLC by email. We try to
answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for
instance) on the Website are not moderated or reviewed. Accordingly, users will be
held directly and solely responsible for the content of messages that are posted. While
not moderating the forums, the Site reviewer will periodically perform an administrative
review for the purpose of deleting messages that are old, have received few responses,
are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate.
blueNickel Fitness, LLC has full discretion to delete messages. Users are encouraged to
read the specific forum rules displayed in each discussion forum first before participating
in that forum.
blueNickel Fitness, LLC reserves the right (but is not obligated) to do any or all of the
following:
( a ) Record the dialogue in public chat rooms.
( b )Examine an allegation that a communication(s) do(es) not conform to
the terms of this section and determine in its sole discretion to remove or
request the removal of the communication(s).
( c ) Remove communications that are abusive, illegal, or disruptive, or that
otherwise fail to conform with these Terms of Use.
( d )Terminate a Member's access to any or all Public Areas and/or the
blueNickel Fitness, LLC Site upon any breach of these Terms of Use.
( e ) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the blueNickel Fitness,
LLC Site, regardless of whether such communication(s) violate these
standards.
blueNickel Fitness, LLC reserves the right to take any action it deems necessary to
protect the personal safety of our guests or the public. blueNickel Fitness, LLC has no
liability or responsibility to users of the blueNickel Fitness, LLC Website or any other
person or entity for performance or nonperformance of the aforementioned activities.
17. Arbitration
Except as regarding any action seeking equitable relief, including without limitation
for the purpose of protecting any blueNickel Fitness, LLC confidential information
and/or intellectual property rights, any controversy or claim arising out of or relating to
these Terms of Use or this Website shall be settled by binding arbitration in accordance
with the commercial arbitration rules, in effect at the time the proceedings begin, of the
American Arbitration Association. Any such controversy or claim shall be arbitrated on
an individual basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be held in Maryland USA.
All information relating to or disclosed by any party in connection with the arbitration
of any disputes hereunder shall be treated by the parties, their representatives, and the
arbitrator as proprietary business information. Such information shall not be disclosed
by any party or their respective representatives without the prior written authorization
of the party furnishing such information. Such information shall not be disclosed by the
arbitrator without the prior written authorization of all parties. Each party shall bear the
burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having
jurisdiction over the parties or their assets or application of enforcement, as the case may
be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties.
The parties hereby waive all rights to judicial review of the arbitrator's decision and any
award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. blueNickel Fitness,
LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR
SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF blueNickel
Fitness, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR
DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER,
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR
DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN
TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF
GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF,
OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS
LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH
SPECIFIC PRODUCTS AND SERVICES OFFERED BY blueNickel Fitness, LLC.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO
THIS LIMITATION MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and hold blueNickel Fitness, LLC its officers,
directors, employees, agents, licensors, and suppliers, harmless from and against any
claims, actions or demands, liabilities and settlements including without limitation,
reasonable legal and accounting fees, resulting from, or alleged to result from, your
violation of these Terms of Use.
