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The following
terms and conditions (the "Terms and Conditions")
govern your use of the Website (this "Site")
of ProFitness Advisors Group Limited, and any services
contained within the Site. These Terms and Conditions
cover our Privacy Policy and various supplemental terms
and conditions that will govern your use of specific
ProFitness Advisors services ("Additional Services").
By using or downloading any materials from this Site,
you agree to these Terms and Conditions. |
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Copyrighted Information
and Copyright Agent. Please note that the pages on the
Site may contain other proprietary notices and copyright
information, the terms of which must be observed and
followed. |
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Unless otherwise noted,
all information, text, articles, data, images, documents,
software or other materials (collectively hereinafter
referred to as the "Materials") contained
on any page within this Site are copyrighted by ProFitness
Advisors Group Limited or a third party (hereinafter
collectively referred to as the "Copyright Holder").
Title to copyright in the Materials will at all times
remain with the Copyright Holder. You may only use,
download or copy the Materials contained in the Site
in accordance with the Terms and Conditions. Any permitted
copies of the Materials must retain the copyright notice,
and any other proprietary notices contained in such
Materials. Unless otherwise provided in the Terms and
Conditions, you may not edit, modify or make use of
the Materials without the expressed, prior written consent
of ProFitness Advisors Group. You may not use any content
contained in the Materials in any manner that may give
a false or misleading impression or statement as to
ProFitness Advisors Group, the Copyright Holder, or
any third party referenced in the Materials. Nothing
on this Site shall be construed as conferring any license
under any Copyright Holder's intellectual property rights,
whether by estoppel, implication or otherwise. You agree
to use the Site and the Materials and services and products
on the Site or accessible via the Site only for lawful
purposes. ProFitness Advisors Group Limited may revoke
any of the foregoing rights, as well as any access or
authorizations granted to users of the Site at any time. |
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Except as specifically
provided in these Terms and Conditions (including any
applicable Supplemental Terms), any reproduction, distribution,
replication or retransmission of any information contained
on this Site without the prior written consent of ProFitness
Advisors Group Limited is strictly prohibited. |
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ProFitness Advisors
Group respects the rights of all copyright holders and
in this regard, it has adopted and implemented a policy
that provides for the termination, in appropriate circumstances,
of users who infringe the rights of copyright holders.
If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide
us with the specific details of your concern. |
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With regard to documents
on this Site, permission to display, copy and/or download
any papers, articles or other works of authorship on
this Site (the "Documents") is hereby granted,
provided that (a) the copyright notice set forth on
the Document and a statement that the Document is being
reproduced under permission of the Copyright Holder
both appear on such displayed, copied or downloaded
Document, (b) use or reproduction of such Documents
from this Site is for informational or personal use
only, and (c) no modifications of any Documents are
made. Any other use of the Documents is expressly prohibited. |
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Our online Privacy
Policy, outlined on this Site, forms a part of these
Terms and Conditions. |
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Disclaimers and Limitation on Liability. |
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Disclaimer of warranty.
The contents of this Site, including, without limitation,
the Materials, are provided 'As Is', and ProFitness
Advisors Group makes no representations or warranties,
express or implied, of any kind with respect to this
site or its contents. ProFitness Advisors Group Limited
disclaims all representations and warranties, including,
without limitation, warranties of merchantability, and
fitness for a particular purpose, title and non-infringement. |
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Disclaimer of accuracy.
ProFitness Advisors Group does not represent or warrant
that the information accessible via this site is accurate,
complete or current. This site could contain typographical
errors or technical errors or technical inaccuracies.
ProFitness Advisors reserves the right to add, to change
or delete its' content, add to, change or delete its'
content or any part thereof without notice. Any price
or availability information is subject to change without
notice. Additionally, this site may contain information
provided by third parties, which includes, without limitation,
the documents and software. SANDERSON & NEALE MAKES
NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY,
TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION.
SANDERSON & NEALE IS NOT RESPONSIBLE FOR ANY ERRORS,
OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION
PROVIDED BY SUCH THIRD PARTIES. |
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Limitation on liability.
Neither ProFitness Advisors Group Limited nor any of
its' members, directors, employees or other representatives
will be liable for damages arising out of or in connection
with the use of this site, or any information, products,
or services contained herein, which includes, without
limitation, the materials, even if advised of the possibility
thereof. This is a comprehensive limitation of liability
that applies to all damages of any kind, including,
without limitation, indirect, special and consequential
damages, losses of data, income, profit or goodwill,
loss oe damage to property and claims of third parties. |
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You have sole responsibility
for adequate protection and backup of data and/or equipment
used in connection with the site and will not make any
claim against ProFitness Advisors Group for lost data,
re-run time, inaccurate output, work delays or lost
profits resulting from the use of materials associated
or connected with this web site. |
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Limitation on liability
of copyright holders. Copyright holders will not be
liable for any direct, indirect, special or consequential
damages, loss of data, income, profit or goodwill or
damages, loss of data, income, profit or goodwill or
damage to property arising out of any use of the materials
or performance or implementation of the contents thereof. |
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Links to Third Party
Sites. Any other web sites that are accessible via any
link on this Site are not under the control of Profitness
Advisors. Profitness Advisors is not responsible for
the contents of any linked site or any link contained
in a linked site, or any changes or updates to the information
contained in such sites. Profitness Advisors provides
the linked sites to you only as a convenience and the
inclusions of any such link on the Site does not imply
Profitness Advisor's endorsement of the site, the organization
operating such site, nor any products or services of
that organization. Your linking to any off-site pages
or other sites is entirely at your own risk. |
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References to Products
or Services . Information published by ProFitness Advisors
on the Site may contain references or cross references
to ProFitness Advisor products or services that are
not announced or available in your country. Such references
do not imply that ProFitness Advisors intends to announce
such products or services in your country. Please contact
us for information regarding the products and services
that may be available to you. |
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User Input. Unless
otherwise provided in the Terms and Conditions, any
communication, material or feedback with regard to contents
on this Site transmitted by a user of this Site via
electronic mail or otherwise, including any data, questions,
or comments regarding the content of any Document or
other information contained on the Site, such information
shall be deemed to be non-confidential and ProFitness
Advisors shall have no obligation of any kind with respect
to such information and shall be free to reproduce,
use, disclose and distribute the information to others
without limitation. Further, ProFitness Advisors shall
be free to use any ideas, concepts, know-how or techniques
contained in such information for any purpose whatsoever
including, without limitation, publication on the Site,
or other ProFitness Advisor publications, and developing,
manufacturing, and marketing products using such information.
ProFitness Advisors shall have no obligation to compensate
the contributor of such information in any manner. |
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Governing Law; Venue
for any Proceedings. Any action, proceeding, dispute,
claim or controversy arising out of or relating to this
Site or these Terms and Conditions, or any ProFitness
Advisors products or services offered on or accessed
via the Site, shall (i) be governed by the laws of the
Province of Ontario, Canada, without application of
any choice of law rules and (ii) be subject to the exclusive
jurisdiction of these courts, and you hereby submit
to the jurisdiction of said courts. |
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Complete Agreement;
Changes to the Terms and Conditions. These Terms and
Conditions represent the entire understanding relating
to the use of the Site and prevail over any prior or
contemporaneous, conflicting or additional, communications.
ProFitness Advisors shall have the right to revise and
modify the Terms and Conditions at any time by posting
the revised Terms and Conditions on the Site. Any use
of the Site after such posting shall be deemed to constitute
acceptance of the revised Terms and Conditions by the
user. |
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Trademarks. ProFitness
Advisors Group Limited is the trademark and service
marks of ProFitness Advisors Group Limited. All other
products, company names or other marks appearing on
this Site are the trademarks of their respective owners.
Nothing contained in the Site should be construed as
granting, by implication, estoppel, or otherwise, any
license or right to use any trademark displayed on the
Site without prior written permission of ProFitness
Advisors Group Limited, or other trademark owners. |
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Indemnification. You
agree to defend, indemnify, and hold harmless ProFitness
Advisors Group Limited, its officers, directors, employees,
members, agents and affiliates from and against any
claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting
from your breach of the Terms and Conditions, including
without limitation, the supplemental terms and conditions.
ProFitness Advisors Group shall provide notice to you
promptly of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending any
such claim, suit or proceeding. |
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Termination. ProFitness
Advisors may terminate this agreement at any time. Upon
termination, you agree to cease all use of this Site.
Without limiting the foregoing, Profitness Advisors
shall have the right to immediately terminate your access
and use of the Site, or any portion of the Site, in
the event of any conduct by you or through your account
which ProFitness Advisors, in its sole discretion, considers
to be unacceptable, or in the event of any breach by
you of the Terms and Conditions. The provisions of Sections
4, 8, 9, 10, 11 and this Section 13 shall survive any
termination of this agreement. |
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Questions. Please email
us at PAGL@profitnessadvisors.com
with any questions you have about these Terms and Conditions,
including our online Privacy Policy. | | |
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