Use Restriction Disclaimer
This website/blog is for your personal, non-commercial use only. You agree that you will not use this website/blog for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing Todd Marsh Fitness’s name or any trademarks; to engage in any activity that interferes with a user’s access to the website/blog or the proper operation of this website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website for any commercial purpose.
Unlawful Conduct Disclaimer
You agree that you are prohibited from posting or transmitting to the Todd Marsh Fitness website/blog any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Disclaimers. Todd Marsh Fitness reserves the right to seek all remedies available at law and in equity for violations of these Disclaimers, including the right to block access from a particular internet address to this website.
Termination of Use of This Website
You agree that any violation of these Disclaimers or the unauthorized use of this website/blog, content materials, and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this website. Todd Marsh Fitness reserves the right to terminate or suspend your access to this website/blog and its content and use at any time, with or without notice.
Electronic Communication Disclaimers
When you visit this website/blog or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Todd Marsh Fitness may collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders
- We may also send you additional information related to your product and/or service.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
- NOT use false, or misleading subjects or email addresses
- Identify the message as an advertisement in some reasonable way
- Include the physical address of our business or site headquarters
- Monitor third party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly
- Allow users to unsubscribe by using the link at the bottom of each email
- Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
The privacy of those who visit our website/blog is of primary concern to Todd Marsh Fitness. We adhere to the highest ethical standards of the industry. We automatically gather some data from everyone who visits our website/blog, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual visitors to our website/blog. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain or relationship with you.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
Todd Marsh Fitness reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data which you choose to share with us, and are not used to store any personal information such as name, address or payment information.
Disclosure to Authorities
Todd Marsh Fitness cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Disclaimers . We reserve the right and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize Todd Marsh Fitness to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose Todd Marsh Fitness to legal liability.
You agree to indemnify, defend and hold harmless Todd Marsh Fitness, its affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this website/blog.
Enforceability, Governing Law and Jurisdiction
In the event that any of the terms or provisions of these Disclaimers shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect. Your access to and use of this website/blog, and these Disclaimers are governed and construed in accordance with the laws of New York State, without regard to its conflicts of law provisions. Any action against Todd Marsh Fitness arising from, or relating to, your access to and use of this website/blog and the provisions of these Disclaimers must be brought by you exclusively in the state and federal courts located in Onondaga County, New York State.