Terms and Conditions of Use
Please read these Terms and Conditions carefully before using this site.
These Terms and Conditions of Use set forth the agreement between the www.kelseyleemiller.com website, which is owned, operated and maintained by Smart Belles Fitness, and each user governing the use of this web site. Smart Belles Fitness wants each visitor to this Site to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (and you) know what to expect from each other.
Please read these Terms and Conditions carefully before using this Site. By using this site, you are agreeing to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site. Smart Belles Fitness may revise and update these Terms and Conditions at any time. Your continued usage of the Smart Belles Fitness web site will mean you accept those changes.
We encourage you to review this Site and these terms periodically for any updates or changes. Your continued access or use of this Site shall be deemed your notification and acceptance of these changes.
This Site Does Not Provide Medical Advice
The contents of this Site, such as text, graphics, images, information obtained from Smart Belles Fitness Fitness licensors, and other material contained on this Site (collectively, the “Content”) are for informational purposes only.
The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Smart Belles Fitness does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site. Reliance on any information provided by Smart Belles Fitness, Smart Belles Fitness employees, others appearing on this Site at the invitation of Smart Belles Fitness, or other visitors to this Site is solely at your own risk.
In addition, we are committed to protecting the privacy of children. This web site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
Smart Belles Fitness authorizes you to view or download a single copy of the material on this Site solely for your personal, non-commercial use if you include the following copyright notice: “©2020, Smart Belles Fitness. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted herein or by the fair use privilege under the United States copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on this Site and/or in our e-bulletins, e-articles or e-books, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
All other trademarks, product names, and company names and logos appearing on this Site are the sole property of their respective owners. Any special rules for the use of certain other items accessible on this Site may be included elsewhere within this Site and are incorporated into these Terms and Conditions by reference.
Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Smart Belles Fitness. All rights not expressly granted herein are reserved to Smart Belles Fitness. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
To send us an e-mail, use the “Contact” link located at the top of every page of our site. You grant Smart Belles Fitness and all other persons or entities involved in the operation of this Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Site.
Smart Belles Fitness cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using this Site.
This Site may contain functionality (including message boards, postings, etc.) that allows users to upload content (the “User Content”) to this Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas (or through the e-mail address(es) listed on our “Contact” page) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you submit any business information, idea, concept or invention to Smart Belles Fitness by e-mail: (a) you agree that such submission is non-confidential for all purposes; (b) you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – Smart Belles Fitness a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; (c) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (d) appoint Smart Belles Fitness as your agent with full power to enter into any document and/or do any act Smart Belles Fitness may consider appropriate to confirm the grant and assignment; (e) warrant that you are the owner of the User Content and entity to enter into these Terms and Conditions; and (f) warrant that no such User Content will be subject to any obligation to you or any other person and that Smart Belles Fitness shall not be liable for any use or disclosure of such User Content.
Smart Belles Fitness may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Smart Belles Fitness by e-mail.
Smart Belles Fitness has several tools that allow you to record, store and transmit information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Smart Belles Fitness passwords or accounts.
It is your sole responsibility to: (a) control the dissemination and use of sign-in name, screen name and passwords; (b) authorize, monitor, and control access to and use of your Smart Belles Fitness account and password; and (c) promptly inform Smart Belles Fitness if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
Smart Belles Fitness Community and Public Areas
If you use a Public Area, such as message boards, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of our staff, will be removed from the Public Areas.
Smart Belles Fitness and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (as determined by Smart Belles Fitness in its sole discretion);
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person or allowing any other person or entity to use your identification for posting or viewing comments;
Posting any message that contains any personal information, such as messages that identify phone numbers, social security numbers, account numbers, addresses or employer references;
Distributing viruses or other harmful computer code;
Harvesting, scraping or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments;
Accessing this Site by any means other than through the interface provided by us for use in accessing this Site;
Posting the same note more than once or “spamming”; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or this Site, or which, in the judgment of Smart Belles Fitness, exposes Smart Belles Fitness or any of its customers or suppliers to any liability or detriment of any type.
Smart Belles Fitness reserves the right (but is not obligated) to do any or all of the following:
Monitor areas of this Site, including any messaging boards.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user’s access to any or all Public Areas and/or this Site upon any breach of these Terms and Conditions, including deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or this Site, without prior notice.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on this Site, regardless of whether such communication(s) violate these standards.
Links to Other Sites
Smart Belles Fitness may provide links to third-party web sites. Smart Belles Fitness does not recommend and does not endorse the content on any third-party web sites. Smart Belles Fitness is not responsible for the content of linked third-party sites, sites framed within this Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions for such sites. Smart Belles Fitness does not endorse any product, service, or treatment advertised on this Site. Some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive; we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such web sites.
Disclaimers; Liability of Smart Belles Fitness
When using this Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Smart Belles Fitness. Accordingly, Smart Belles Fitness assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.
SMART BELLES FITNESS, ANY LICENSORS, AND ANY SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Smart Belles Fitness, its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, current-ness, or timeliness of the Content, text, graphics, links, or communications provided on or through the use of this Site or Smart Belles Fitness.
In no event shall Smart Belles Fitness (or any of its licensors, suppliers, or third parties mentioned on this Site) be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this Site, the Content and/or the Public Areas, regardless of whether based on warranty, contract, tort, or any other legal theory, whether or not Smart Belles Fitness, its licensors, its suppliers, or any third parties mentioned on this Site are advised of the possibility of such damages. Any claims arising in connection with your use of this Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.
You agree to defend, indemnify, and hold Smart Belles Fitness, its officers, directors, employees, agents, and licensors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of this Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of this Site with or without notice. As stated above, you agree that any termination of your access to this Site may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to this Site.
Smart Belles Fitness is based in Orange County, California in the United States of America with principal offices in Orange County, California. Smart Belles Fitness makes no claims that Smart Belles Fitness, this Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from this Site to either a foreign national or a foreign destination in violation of such laws.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Smart Belles Fitness, or in any way relating to your use of this Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Smart Belles Fitness or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a particular “legal notice” on this Site, these Terms and Conditions constitute the entire agreement between you and Smart Belles Fitness with respect to the use of this Site, the Content and the Public Areas. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.