CONDITION OF AGE
Minors (persons under the age of 18) are not eligible to use JesseJamesFit.com without the supervision of an adult. Any minor is also ineligible to fill out forms or sweepstakes unless otherwise denoted on the form.
LICENSE TO — USE WEBSITE
LICENSES GRANTED BY — USERS
In the event that a user provides any information to JesseJamesFit.com (including uploaded content), user represents and warrants that they are the owner of all rights to posted material. Any communications and material provided will be treated as non-confidential unless otherwise states. Once provided to Jesse James Fit, LLC or JesseJamesFit.com the information becomes publishable and distributable in any way Jesse James Fit, LLC and JesseJamesFit.com see fit. User agrees to waive all claims and will have no recourse against Jesse James Fit, LLC or JesseJamesFit.com.
ACCEPTABLE — USE
All content and software on JesseJamesFit.com are owned and or registered to JesseJamesFit.com and cannot be used by the user off the site. JesseJamesFit.com and the content on it are to be used responsibly and not for commercial gain or various other reasons that include:
Using the contents to harm an individual, corporation or other website.
Information must not be copied, stored, transmitted or distributed to spyware, Trojan viruses and/or any other malicious computer software.
The user must agree not to conduct any systematic data gathering unless contracted to do so by JesseJamesFit.com.
A user may not don the identity JesseJamesFit.com and send out spam email to any or act in any capacity as if they work for Jesse James Fit, LLC or JesseJamesFit.com.
A user may not use any automated device, such as a “bot”, to copy or extract information from JesseJamesFit.com.
However, content may be downloaded, saved and printed for personal use or research. While on JesseJamesFit.com users are granted a limited, non-exclusive, non-transferable license to everything on the site not under a restricted access section. At any time without notice JesseJamesFit.com may suspend, change or discontinue said license.
Users of JesseJamesFit.com understand that there may be certain aspects of the site restricted to them. This can include but is not limited to: member’s only area, premium paid package programs and product stores. In the event of a restricted access section, the user will be prompted for a login and password. Users agree not to try to break down firewalls or access the data in said section unless they have a legally obtained login.
LIMITATIONS OF LIABILITY
Under no circumstances are Jesse James Fit, LLC and JesseJamesFit.com liable for any direct, indirect or otherwise consequential damages that may occur from the use or inability to use our site.
POSSIBLE ERRORS ON SITE
Jesse James Fit, LLC makes all possible attempts to ensure information on JesseJamesFit.com is accurate. However, JesseJamesFit.com makes no assertion that all information is correct. Unfortunately, errors can occur. If found, errors will be corrected in a timely fashion. Jesse James Fit, LLC reserves the right to not honor any errors on the JesseJamesFit.com site.
BREACHES OF TERMS OF — USE
All material found on JesseJamesFit.com is copyrighted to Outlaw Life, LLC. Copyright (c) 2015. All images, text and brand news belong to those REGISTERED TRADEMARKS AND CANNOT BE — USED BY THE — USER.
This website is provided “as is” without any representations or warranties, express or implied. Jesse James Fit, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Jesse James Fit, LLC does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, professional advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
LIMITATIONS OF LIABILITY
Jesse James Fit, LLC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES AND INFORMATION ON THIS WEBSITE AND OR BLOG IS PROVIDED “AS IS” AND WITH ALL INACCURACIES AND OUTLAW LIFE, LLC’S MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND OUTLAW LIFE, LLC’S SPECIFICALLY, OUTLAW LIFE, LLC’S DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIR– USES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF — USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH — USER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUTLAW LIFE, LLC’S OR ITS VENDORS, SUPPLIERS, AGENTS, OR EMPLOYEES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR — USER’S — USE OF OR INABILITY TO — USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST — USER BY ANY OTHER PARTY, EVEN IF OUTLAW LIFE, LLC’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF NECESSARY PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANY DAMAGES — USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF OUTLAW LIFE, LLC’S AND ANY OF ITS VENDORS, SUPPLIERS, AGENTS, OR EMPLOYEES UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE PRECEDING SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE PRECEDING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS FUNDAMENTAL PURPOSE.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Outlaw Life, LLC’s liability in respect of any:
• death or personal injury caused by Outlaw Life, LLC’s negligence;
• fraud or fraudulent misrepresentation on the part of Jesse James Fit, LLC; or
• matter, which it would be illegal or unlawful for Jesse James Fit, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Jesse James Fit, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Jesse James Fit, LLC officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Jesse James Fit, LLC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Jesse James Fit, LLC
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
VENUE & CHOICE OF LAW
It is the policy of the State of Maine to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to the use of this web site, which is not resolved through informal discussion, will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction.
The prevailing party in any legal proceeding related to this contract is entitled to recover reasonable attorney’s fees and all costs of such proceeding incurred by the prevailing party.