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LICENSE AND SITE ACCESS
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This Web site contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). In the Content supplied by you or third parties other than ARM, ARM is a distributor and not a publisher. ARM has no more editorial control over such third-party or your Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by ARM are those of the respective authors or distributors and not of ARM. Neither ARM nor any third party, including any Provider, or any user of this Web site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this site represents the opinions and judgments of the respective Provider or user not under contract with ARM. ARM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized ARM employees. Under no circumstances shall ARM be liable for any loss, damage or harm caused by a user’s reliance on information obtained through this site. It is the responsibility of a user to evaluate the information, opinion, advice or other Content available through this site.
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You further agree not to use the fitnessrxwomen.com Message Boards to send or post, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. ARM reserves the right to delete any such material from the fitnessrxwomen.com Message Boards.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of ARM. You agree not to post or use the fitnessrxwomen.com Message Boards to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS AND/OR ANY OTHER AREA ON fitnessrxwomen.com, YOU HEREBY EXPRESSLY PERMIT ARM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY ARM’S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
If ARM is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you, ARM may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Web site. ARM may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Web site; or (iii) to protect the rights or property of ARM, its users or Providers.
ARM reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, this site, or any rights of ARM or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither ARM nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither ARM, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on this Web site.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the fitnessrxwomen.com Web site including but not limited to the Message Boards infringe upon your copyright rights, you (or your agent) may send ARM a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Web site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ARM to locate the material on the fitnessrxwomen.com Web site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ARM a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the fitnessrxwomen.com Web site should be sent to: John A. DeMaro, Esq., Ruskin Moscou Faltischek, P.C., 1425 Reckson Plaza, 15th Floor, East Tower, Uniondale, New York 11556, 516.663.6705 (fax). ARM suggests that you consult your legal advisor before filing a notice or counter-notice. Also, keep in mind that there can be penalties for false claims under the DMCA.
LINKS TO OTHER SITES
This site may reference or link to third-party sites throughout the World Wide Web. ARM has no control over these sites or the content within them. ARM cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. ARM does not endorse the content of any third-party site, nor does ARM warrant that they will not contain viruses or otherwise impact your computer. ARM does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use. By using this site to search for or link to another site, you agree and understand that you may not make any claim against ARM for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.
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FitnessRx Magazine, the FitnessRx Magazine logo and other marks indicated on our site are the exclusive property and trademarks of Advanced Research Media, Inc. Advanced Research Media, Inc. reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by Advanced Research Media, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Advanced Research Press, Inc.
As set forth above, you must be eighteen (18) years of age or older to use and access this site. This site is not intended or designed to attract children under the age of thirteen (13). Of course, consistent with the Children’s Online Privacy Protection Act of 1998, ARM will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without prior verifiable parental consent.
This site is created and controlled by ARM in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State of New York for any litigation arising out of or relating to use of or purchase made through this site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York courts and agrees not to plead or claim in any New York court that such litigation brought therein has been brought in an inconvenient forum.
MODIFICATION, AND SEVERABILITY
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