Total Fitness Quest Terms of Use

Please read these Terms Of Use carefully before using this site. By using this site, you signify your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site. Total Fitness Quest reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Total Fitness Quest retains the right to deny access to anyone who we believe has violated any of these Terms of Use.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This site is controlled and operated by Total Fitness Quest. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Total Fitness Quest or by other parties that have licensed their material to Total Fitness Quest. Material on totalfitnessquest.com or any web site owned, operated, licensed or controlled by Total Fitness Quest is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

LINKS

This site may contain links to other web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Total Fitness Quest is not responsible for the content of the Linked Sites, whether or not Total Fitness Quest is affiliated with sponsors of the sites. Total Fitness Quest does not in any way endorse the Linked Sites.

Total Fitness Quest welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Total Fitness Quest. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Total Fitness Quest site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another web site any of the content or other materials on the Total Fitness Quest site without prior written consent.

SUBMISSIONS

Any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will become the property of Total Fitness Quest throughout the universe. Total Fitness Quest shall be entitled, consistent with our policies regarding privacy, to use the material or any of its elements for any type of use forever, including in any media whether now known or hereafter devised. When you submit material to Total Fitness Quest's web site, you agree that Total Fitness Quest has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes, subject to Total Fitness Quest's policies regarding privacy.

FORUMS AND CHAT ROOMS

Total Fitness Quest may from time to time host bulletin boards, chat rooms, forums or other public posting areas ("Forums"). The information and opinions expressed in Bulletin Boards, Chat Rooms, or other Forums are not necessarily those of Total Fitness Quest or its affiliated or related entities or content providers. Total Fitness Quest makes no representations or warranties regarding information or opinions that appear in the Forums, and does not endorse or guarantee the accuracy of any posting. Total Fitness Quest assumes no obligation to monitor the Forums or to delete or edit any postings. However, Total Fitness Quest reserves the right to delete, move, or edit any postings that we consider illegal, inappropriate, or otherwise inappropriate.

By using Total Fitness Quest's web site, you agree that you will not submit or otherwise publish through the Forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to indemnify Total Fitness Quest and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

DISCLAIMER OF WARRANTIES AND LIABILITY

The materials on Total Fitness Quest's web site are provided "as is" and without warranties of any kind either express or implied. Total Fitness Quest disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction, or modification. Neither Total Fitness Quest, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of Total Fitness Quest's web site warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Total Fitness Quest or the server that makes them available are free of viruses or other harmful components. The material that you read on Total Fitness Quest's web site is provided solely for entertainment and promotional purposes. Total Fitness Quest does not warrant or make any representations regarding the use or the results of the use of the materials in Total Fitness Quest's web site in terms of their correctness, accuracy, reliability, or otherwise.

You expressly agree that use of the Total Fitness Quest site is at your sole risk. You (and not Total Fitness Quest) assume the entire cost of all necessary servicing, repair or correction. You expressly agree that neither Total Fitness Quest, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of Total Fitness Quest's web site are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other Total Fitness Quest web site. By way of example, and without limiting the generality of the foregoing, Total Fitness Quest and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree that Total Fitness Quest is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the Total Fitness Quest web site is presented solely for the purpose of entertainment and promoting services and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Total Fitness Quest from its offices within the State of Illinois, United States of America. Total Fitness Quest makes no representation that materials in Total Fitness Quest's web site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Total Fitness Quest bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Cook County, Illinois, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Total Fitness Quest.