END USER USAGE AGREEMENT - License, Disclaimer, Waiver, Release
Avedon Enterprises, INC. welcomes you to its online web site ("GREGGAVEDON.COM"). GREGGAVEDON.COM is an Internet-based, online information and communication service providing consumers with fitness and sport-specific training information (the "Service").
1. Service Terms and Limitations
The Service is proprietary to AVEDON ENTERPRISES, INC. and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. Subject to the timely payment of all Fees (as defined below) and the terms and limitations set forth in this Agreement, AVEDON ENTERPRISES, INC. agrees to provide you with (i) a personal, non-transferable and non-exclusive account enabling you to access and use the Service and (ii) a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use GREGGAVEDON.COM in real time and to use the materials in GREGGAVEDON.COM in a manner consistent with paragraphs 4 (On-Line Communications) and 9 (Copyright) below.
1.2 User's Agreement
You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your GREGGAVEDON.COM account; (b) be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) be responsible for all charges resulting from use of your GREGGAVEDON.COM account, including unauthorized use prior to your notifying AVEDON ENTERPRISES, INC. in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the terms and conditions set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or GREGGAVEDON.COM.
1.3 User Representations
You represent and warrant to AVEDON ENTERPRISES, INC. that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to AVEDON ENTERPRISES, INC. is truthful, accurate and complete; (c) you are the authorized signatory of the credit or charge card provided to AVEDON ENTERPRISES, INC. to pay the Fees; (d) you shall comply with all terms and conditions of this Agreement; and (e) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number. You agree to be financially responsible for your use of GREGGAVEDON.COM (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which AVEDON ENTERPRISES, INC. may undertake from time to time; or (iii) causes beyond the control of AVEDON ENTERPRISES, INC. or which are not reasonably foreseeable by AVEDON ENTERPRISES, INC.
You shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for your use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.
AVEDON ENTERPRISES, INC. charges a subscription fee ("Fees") for the use of the Service. AVEDON ENTERPRISES, INC. expressly reserves the right to change the Fees at any time, upon notice to you. By registering for a GREGGAVEDON.COM account, you agree to pay AVEDON ENTERPRISES, INC. the Fees for the Service applicable to the account level chosen. The Fees for the Service do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Service. All Fees, Taxes (as defined herein) and other charges will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay AVEDON ENTERPRISES, INC. all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, "Taxes") for the use of the Services or resulting from this Agreement, whether imposed now or hereinafter by any governmental entity. You agree to promptly pay AVEDON ENTERPRISES, INC. in the event of any refusal of your credit card issuer to pay any amount to AVEDON ENTERPRISES, INC. for any reason. You agree to pay interest at the rate of either 1.5% per month on any outstanding balance, together with costs of collection, including attorney's fees and costs. In the event you fail to pay any amount when due, AVEDON ENTERPRISES, INC. may immediately suspend or terminate this Agreement and your access to the Service.
3.1 Content and Nutrition Disclaimer
The information presented or contained in GREGGAVEDON.COM or provided through the Service (collectively, the "Content") is presented for the purpose of educating athletes and fitness enthusiasts on fitness, general health, and related training issues and topics. Nothing contained in GREGGAVEDON.COM or the Content is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from GREGGAVEDON.COM is not exhaustive and does not cover diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on GREGGAVEDON.COM. Information contained at GREGGAVEDON.COM is for informational use only.
The information contained in GREGGAVEDON.COM is compiled from a variety of sources ("Information Providers"). Neither AVEDON ENTERPRISES, INC. nor any Information Providers directly or indirectly practice medicine or dispense medical services as part of GREGGAVEDON.COM. AVEDON ENTERPRISES, INC. is not a substitution for the services of a physician, a health provider, or any trained health professional. Our policy does not allow medical advice, emotional advice, dietary advice, or personal advice of any kind. These concerns should be addressed and discussed with your physician, health care provider, family nutritionist or your registered dietitian.
Adults should not commence any short or long-termed diet program without seeking competent medical advice.
Infants, toddlers and teenagers should only participate in a diet program under competent medical supervision.
3.3 Fitness Disclaimer
The Content, including each article provided through the Service, is for entertainment purposes only. AVEDON ENTERPRISES, INC. recommends that you consult a physician before beginning any exercise program. AVEDON ENTERPRISES, INC. is not a licensed medical care provider. You should understand that participating in any exercise program can result in physical injury and agrees to do so at your own risk. The findings and opinions of authors expressed herein are those of the author and do not necessarily state or reflect those of GREGGAVEDON.COM.
3.4 Disclaimer of Warranties.
Content on or available through the Service are provided "AS IS" without warranty, express or implied. AVEDON ENTERPRISES, INC. hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the Service. There are no warranties which extend beyond the description on the face of this Agreement. AVEDON ENTERPRISES, INC. and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Service. AVEDON ENTERPRISES, INC. and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. AVEDON ENTERPRISES, INC. and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. AVEDON ENTERPRISES, INC. and Information Providers do not warrant or guarantee that the functions or Service accessed through GREGGAVEDON.COM will be uninterrupted or error-free or that defects in GREGGAVEDON.COM will be corrected. Users of GREGGAVEDON.COM are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to GREGGAVEDON.COM for the reconstruction of any lost data.
3.5 Disclaimer of Third Party Information.
Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, content providers, Information Providers or merchants appearing on GREGGAVEDON.COM are not authorized AVEDON ENTERPRISES, INC. spokespersons, and their views do not necessarily reflect those of AVEDON ENTERPRISES, INC.
4. On-Line Communications
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by AVEDON ENTERPRISES, INC. AVEDON ENTERPRISES, INC. cannot and does not screen content provided by you to GREGGAVEDON.COM or through the Service. Notwithstanding the foregoing, AVEDON ENTERPRISES, INC. reserves the right to monitor content on GREGGAVEDON.COM and to remove content, which AVEDON ENTERPRISES, INC., in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or 'AVEDON ENTERPRISES, INC.s operating policies for users of GREGGAVEDON.COM ("Users").
You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use GREGGAVEDON.COM as permitted by this Agreement, AVEDON ENTERPRISES, INC. operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the GREGGAVEDON.COM area where you're uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). AVEDON ENTERPRISES, INC. operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters. AVEDON ENTERPRISES, INC.reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
You are responsible for your communications and your use of GREGGAVEDON.COM. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to GREGGAVEDON.COM with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use GREGGAVEDON.COM to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by AVEDON ENTERPRISES, INC.; (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or GREGGAVEDON.COM; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or GREGGAVEDON.COM; (m) use GREGGAVEDON.COM in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to GREGGAVEDON.COM the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by AVEDON ENTERPRISES, INC.; (o) falsely purport to be an employee or agent of GREGGAVEDON.COM (p) cause repeated disruptive incidents; (q) act, or fail to act, in your use of GREGGAVEDON.COM, in a manner that is contrary to applicable law or regulation; or (r) engage in any other activity deemed by the AVEDON ENTERPRISES, INC. to be in conflict with the spirit or intent of this Agreement. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of AVEDON ENTERPRISES, INC. to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in GREGGAVEDON.COM, nonetheless, AVEDON ENTERPRISES, INC. reserves the right to take such action as it deems appropriate in cases where GREGGAVEDON.COM is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on GREGGAVEDON.COM, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
AVEDON ENTERPRISES, INC. reserves complete and sole discretion with respect to the operation of GREGGAVEDON.COM. AVEDON ENTERPRISES, INC. may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by AVEDON ENTERPRISES, INC. policies; (b) subject to Section 7 and Section 4, make available to third parties information relating to GREGGAVEDON.COM and Users; and (c) withdraw, suspend or discontinue any functionality or feature of GREGGAVEDON.COM.
AVEDON ENTERPRISES, INC. may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. AVEDON ENTERPRISES, INC. will not review the contents of email or private messages except as required or allowed by applicable law or legal process.
6. Other Sites
You are encouraged to use discretion while browsing the Internet using links initiated at GREGGAVEDON.COM. GREGGAVEDON.COM links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. AVEDON ENTERPRISES, INC. and Information Providers make no representations concerning any effort to review all of the content of sites listed in its Website.
7. Review of Postings & Uploads
GREGGAVEDON.COM does not and cannot review all communications and materials posted or uploaded to GREGGAVEDON.COM and is not responsible for the content of these communications and materials. However, GREGGAVEDON.COM reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to GREGGAVEDON.COM. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
The entire contents of GREGGAVEDON.COM are copyrighted as a collective work under the laws of United States and other copyright laws. AVEDON ENTERPRISES, INC. holds the copyright in the collective work. The collective work includes works that are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of GREGGAVEDON.COM solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from GREGGAVEDON.COM. You may not use any AVEDON ENTERPRISES, INC. logo or any other proprietary graphic or trademark without AVEDON ENTERPRISES, INC.'s express written permission.
10. Licenses and Idea Submissions
You agree to grant to AVEDON ENTERPRISES, INC. a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of GREGGAVEDON.COM (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against AVEDON ENTERPRISES, INC. for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AVEDON ENTERPRISES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING GREGGAVEDON.COM USING YOUR SERVICE ACCOUNT.
12. Waiver, Release and Limitation of Liability
YOU AGREE THAT NEITHER GREGG AVEDON, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF GREGGAVEDON.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST AVEDON ENTERPRISES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF AVEDON ENTERPRISES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF GREGGAVEDON.COM OR THE SERVICE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF AVEDON ENTERPRISES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL AVEDON ENTERPRISES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF GREGGAVEDON.COM ARE HEREBY EXCLUDED EVEN IF AVEDON ENTERPRISES, INC. ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Third Party Rights
The provisions of paragraphs 16 (Indemnification) and 17 (Waiver, Release and Limitation of Liability) are for the benefit of AVEDON ENTERPRISES, INC. and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Term; Termination
Membership to GREGGAVEDON.COM is available on a month-to-month or annual basis, with automatic renewal.
Either you or GREGGAVEDON.COM may terminate your right to use GREGGAVEDON.COM at any time, with or without cause, upon notice. AVEDON ENTERPRISES, INC. also reserves the right to terminate or suspend your GREGGAVEDON.COM membership without prior notice, but AVEDON ENTERPRISES, INC. will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 1.2 (User's Agreement), 1.3 (User Representations), 9 (Copyright), 10 (License, and Idea Submission), 11 (Indemnification), 12 (Waiver, Release and Limitation of Liability), 13 (Third Party Rights), 15 (Cancellation), 17 (Miscellaneous), and 18 (Notice) shall survive any termination of this Agreement.
You are responsible for all associated renewal fees relating to your GREGGAVEDON.COM account until you elect to cancel your subscription to GREGGAVEDON.COM through your GREGGAVEDON.COM account. To cancel your subscription, send an email request via our contact form www.GREGGAVEDON.COM/contact.php.
PLEASE NOTE: Notwithstanding anything to the contrary herein (including the provisions of Section 18 below), in the event you wish to cancel your subscription, (a) you must initiate the cancellation process through your GREGGAVEDON.COM account, and (b) you must complete such cancellation in accordance with the instructions provided herein.
Cancellations are not retroactive therefore if a member cancels after their membership month has begun, the member will not be entitled to a refund for that membership month. Cancellations do not become effective until the starting date of the member's next membership month. A membership month begins on the calendar date when a member subscribes to GREGGAVEDON.COM and concludes on the day before that calendar date the following month.
Refunds are available to any pre-paid member who is unsatisfied with their membership to GREGGAVEDON.COM. The refunded amount will be equal to the difference between the initial payment and the remaining balance on the account. If it is a month-to-month payment, only the current month of cancellation will be refunded.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any legal action or proceeding between AVEDON ENTERPRISES, INC. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Broward County, Florida, United States. Any cause of action or claim you may have with respect to AVEDON ENTERPRISES, INC. must be commenced within one (1) year after the claim or cause of action arises. AVEDON ENTERPRISES, INC. failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 11, 12 and 13 is intended to benefit AVEDON ENTERPRISES, INC. and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. AVEDON ENTERPRISES, INC. may assign its rights and duties under this Agreement to any party at any time without notice to you.
AVEDON ENTERPRISES, INC. may deliver notice to you under this Agreement by means of electronic mail, a general notice on GREGGAVEDON.COM, or by written communication delivered by first class U.S. mail to your address on record in AVEDON ENTERPRISES, INC'S account information. You may give notice to AVEDON ENTERPRISES, INC. at any time via electronic mail to GREGGAVEDON.COM to the following address:
ATTN: Member Service