Welcome to the MS FitEffect website (the “Site”) operated by MS FitEffect (“we” or “our” or “us”). Please read these Terms and Conditions carefully before using this Site. Your use of this Site is expressly conditioned on your acceptance of the following terms.  By using this Site, you signify your assent to these Terms of Use.  If you do not agree with any part of the following terms, you should not use this Site.

 

1. Authority

By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms of Use; otherwise, please exit the Site.

 

2. Changes to These Terms of Use or The Site

We may change or modify these Terms of Use from time-to-time without notice other than posting the amended Terms of Use on the Site. The amended Terms of Use will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms and Conditions shall constitute your consent to such changes. MS FitEffect reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that MS FitEffect shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).

 

3. User Conduct

By using the Site you agree not to:

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• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;

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• Interfere with the operation of the Site or any user’s enjoyment of the Site, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Site; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Website, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

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• Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, or accessing the accounts of others without permission;

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• Attempt to do any of the foregoing in this Section or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.                             

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Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit, suspension or immediate termination of your account or your access to the Site, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of MS FitEffect. You acknowledge that MS FitEffect is not responsible for and does not assume any liability for users’ acts or omissions, including, without limitation, with respect to the aforementioned activities.

 

4. Intellectual Property

You acknowledge that all materials at the Site, including the Site’s design, graphics, logos, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of MS FitEffect and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners MS FitEffect authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms and Conditions, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of MS FitEffect or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Site are the sole property of MS FitEffect and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of MS FitEffect and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of MS FitEffect and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of MS FitEffect. MS FitEffect reserves the right to enforce its intellectual property rights to the fullest extent of the law.

 

5. User Comments, Feedback and Other Submissions

We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, by e-mail, via social media or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain property of MS FitEffect and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

 

6. Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others and require that the people who use the Site do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights.  Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.  If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

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1. Your address, telephone number, and email address;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of the allegedly infringing material and information reasonable sufficient to permit us to locate the material;

4. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

7. Copyright Agent

Marketing Department, MS FitEffect, 122 Meadowview Lane, Bainbridge, PA 17502, msfiteffect@gmail.com

 

8. External Links

We may provide links to other websites from time to time that are operated by third parties not affiliated with MS FitEffect. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites.  Different terms and conditions and privacy policies may apply to your use of any linked sites. If you decide to access linked websites, you do so at your own risk.

 

9. Applicable Law

These Terms and Conditions are governed by and will be construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania. Any disputes arising under or in connection with these Terms and Conditions, or your access or use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Lancaster, Pennsylvania.

 

10. Contact Us

Questions regarding these terms should be addressed to:

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Mailing address: 122 Meadowview Lane, Bainbridge, PA 17502

Phone: (717) 367-4243

Email: msfiteffect@gmail.com

 

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These Terms of Use were last updated on March 30, 2022.