Terms of Use
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Effective Date October 1, 2017
TERMS AND CONDITIONS OF USE
Welcome to www.melissafabiano.com the official website (“site”) of FUEL Wellness LLC. The following Terms of Use, along with the other policies on this page, including the Disclaimer, Disclosure, and Privacy Policies, serve as an agreement between you as the user and the Owner of this website.
By using this site you represent that are you at least 18 years of age and have the legal capacity to enter into a binding agreement. Your continued use of the site through access or viewing is an acknowledgment that you have reviewed, understand, and agreed to these terms. If you do not agree to be bound by these terms, please discontinue your use of the site.
USE OF SITE AND TERMINATION OF USE
This site is intended to provide you with useful information and resources for your own personal use. In operating the site, you may have the option to join the mailing list, receive content upgrades or other free information, or to place orders for products or services. Any improper or unauthorized use of the site is prohibited.
This site is intended as a positive space and you agree that you will conduct your use in a way consistent with that intention. By using the site, you agree not to exploit any of the features of this site, including contact forms, comment boxes, or other means of communication, to post any of the following: unlawful information, including anything of an obscene, defamatory, threatening or harassing manner, or anything that encourages another to post such information; unauthorized advertisements, including solicitations and spam; unauthorized disclosure of other, private or personal information; any content that infringes on the rights of others including, but not limited to, copyrights, trademarks, licenses, or contract right; any information that you know to be false or that is likely to mislead others; and anything that would constitute or encourage the commission of an illegal act.
Owner has complete discretion in the availability of this site and its accessibility to users. At any time, the Owner can immediately limit, discontinue, block, or suspend your use of the site.
INTELLECTUAL PROPERTY OWNERSHIP
This website contains information protected by intellectual property rights. The Owner of this site is also the Owner of all the intellectual property contained on this site included the name, domain, logo, images, graphics, content, writings, and other materials that may be posted from time to time. Owner exerts all rights to this content and you are prohibited from copying, reproducing, modifying, or otherwise distributing this content without Owners express consent.
Additionally, in using this site, you may be able to leave comments, send emails, or otherwise communicate with the site and Owner. By doing so, you agree to that Owner has an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use this content for any purpose.
THIRD PARTY WEBSITES
From time to time this site may link to other third party websites. This site makes no representations or warranties about the content on such third party websites and disclaims any and all liability for the information contained on those websites. Linking to a third party website does not imply that Owner endorses the site or its content and cannot be held responsible for your reliance on any information. Use or reliance of third party websites is done so at your own risk and they are governed by their own terms and conditions.
ELECTRONIC CONSENT
By using this website, you agree to be bound by these terms. Additionally, you also consent to be bound by your electronic agreement to any additional terms and conditions by clicking “I Consent” or “I Agree” or other similarly-worded language the same as if it were a handwritten signature with full legal force and effect.
LIMITATION OF LIABILITIES
YOU AGREE THAT IN NO EVENT WILL THE OWNER OF THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, EXPENSES, OR LOSSES, DIRECT OR INDIRECT, ARISING OUT OF OR RESULTING FROM YOUR USE OF THIS SITE, INABILITY TO USE THIS SITE, OR INFORMATION CONTAINED WITHIN THIS SITE. YOUR USE OF THIS SITE AND THE INFORMATION CONTAINED WITHIN IS AT YOUR OWN DISCRETION AND RISK.
YOU AGREE TO RELEASE THE OWNER FROM ANY LIABILITY, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, FOR DAMAGES INCLUDING SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITVE, WHETHER DIRECT OF INDIRECT, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR THE INFORMATION CONTAINED WITHIN EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless Owner, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
REFUNDS
Owner does not offer refunds.
ENTIRE AGREEMENT
This agreement contains all the terms agreed to by the Owner and you with respect to your use of this website. It replaces and supersedes all previous discussions, understandings, and agreements.
SEVERABILITY
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
NO WAIVER
The failure of a party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of any other provision of this Agreement.
MODIFICATIONS TO AGREEMENT
Company may modify these terms at any time without notice. Such modifications become effective on the date that they are first posted to this site. By continuing to use this site, you agree to be bound by such modifications. Please check back often. Should you not wish to be bound by the modified terms, discontinue your use of the site.
DISPUTE RESOLUTION
This Agreement is governed by and shall be construed in accordance with the laws of Michigan, without reference to its conflict-of-law provisions. If a dispute arises, you agree to first attempt in good faith to resolve the dispute through mediation to take place in Michigan, utilizing a third-party mediator that is agreed upon by the parties prior to pursuing other legal remedies including litigation. The prevailing party in a mediation is entitled to cover the reasonable cost of attorneys fees and costs expended for the mediation, in addition to any other relief that the prevailing party is granted
CONTACT: Any question about these terms can be sent to melissa@melissafabiano.com.