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Fit After Thirty

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Disclaimer

This Web site is not to be used as a substitute for medical advice, diagnosis or treatment of any health condition or problem. Users of this Web site should not rely on information provided on this Web site for their own health problems. Any questions regarding your own health should be addressed to your own physician or other healthcare provider.

Fit After Thirty, LLC makes no warranties nor express or implied representations whatsoever regarding the accuracy, completeness, timeliness, comparative or controversial nature, or usefulness of any information contained or referenced on this Web site. Fit After Thirty, LLC does not assume any risk whatsoever for your use of this website or the information contained herein. Health-related information changes frequently and therefore information contained on this Web site may be outdated, incomplete or incorrect. Statements made about products have not been evaluated by the Food and Drug Administration. Use of this Web site does not create an expressed or implied physician-patient relationship.

You are hereby advised to consult with a physician or other professional health-care provider prior to making any decisions, or undertaking any actions or not undertaking any actions related to any health care problem or issue you might have at any time, now or in the future. In using this website you agree that neither Fit After Thirty, LLC nor any other party associated with Fit After Thirty, LLC is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of any information presented at this website.

Web Syndication Terms of Use

  1. Internal links in the Site content must not be removed.
  2. The Site logo and/or URL should appear on each page displaying site content.
  3. The format or branding of the headlines, text and other information provided in any RSS feeds must not be modified.
  4. “More …” links back to original Site at the end of each post must be included on content pages and may not be removed.

Print Syndication Terms of Use

  1. Reproduction of screenshots from any Site is permissible, without prior written approval, so long as the site logo and URL is fully visible or otherwise included on the page.
  2. The Site logo and URL must appear prominently at the top of each section displaying site content.
  3. Content must appear unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer’s site links where appropriate.
  4. Images from a Site must not be used in print without you obtaining the appropriate copyright clearances yourself.
  5. Written content in its unedited form, when duplicated on another site, must specify it came from Fitafterthirty.com and include the name of the Fit After Thirty writer who created the original content.

General Terms of Use

Use of this Web Site constitutes acceptance of these Terms.

  1. No content, including any advertisements or other promotional content, shall be added to the RSS feeds.
  2. Fit After Thirty reserves the right to object to your presentation of the RSS feeds and the right to require you to cease using the RSS feeds at any time.
  3. Fit After Thirty further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you.
  4. Fit After Thirty provides this content “as is” and Fit After Thirty shall not be held liable for your use of the information or the feeds.
  5. Use of a Site’s content, including text and images, on your site, or in print, is entirely at your discretion. Fit After Thirty is not responsible for any complaints regarding content or images that you choose to display on your site or in print.
  6. The RSS feeds may not be spliced into or otherwise redistributed by third-party RSS providers

TO THE FULLEST EXTENT ALLOWED, FIT AFTER THIRTY DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. By accessing the RSS feeds or the XML instructions provided above, you indicate that you understand and agree to these terms and conditions.

Corresponding with Fit After Thirty

Any correspondence with Fit After Thirty sites, including any documentation or images, are considered property of Fit After Thirty. Fit After Thirty reserves the right to reproduce such correspondence, in whole or in part, on any of the Fit After Thirty Sites or its affiliates.

Comments Terms of Use

The comments sections on Fit After Thirty Sites are accessible to users by invitation only (such invitations coming either from Fit After Thirty editors directly or by referral from existing comment users). Fit After Thirty’s comment user registration system has been designed so that, if the user so chooses, they can remain completely anonymous, even to us.

In order to make our comments useful and interesting, the following guidelines have been established for comment users:

  • Do not post threatening, harassing, defamatory, or libelous material.
  • Do not intentionally make false or misleading statements.
  • Do not offer to sell or buy any product or service.
  • Do not post material that infringes copyright.
  • Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
  • Keep all comments relevant to the particular Fit After Thirty Site where the comment is being posted.
  • Fit After Thirty will not accept responsibility for information posted in the Comments.

Please note that once you post a comment to one of our sites, it becomes part of the public conversation. Our policy is that we will not remove a user’s comments unless we deem them to be in violation of our Terms of Service. So if you want to say something that you will later regret personally, it is advisable that you use a username that does not identify you. We cannot remove your comments simply because you have a change of heart about making them.

However, Fit After Thirty reserves the right to remove comments entirely at its discretion, including for alleged violations of terms of service or legal rights.

Fit After Thirty is not responsible for the content of user comments. If a third party complains that your comment violates our TOS or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you to the situation. We will protect your contact information as described in our privacy policy, but may be compelled to turn it over pursuant to legal process.

Image Terms of Use

Fit After Thirty sites typically display images as part of blog posts written by our editors. The types of images editors are authorized to use on Fit After Thirty sites include:

  • Images licensed from photographic archive vendors
  • Images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
  • Reader-submitted images, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site(s)
  • Images published on Flickr or other public photo sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
  • Images commissioned by Fit After Thirty
  • Images that we believe to be covered by the Fair Use Doctrine, taking into account factors such as:
    1. The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody
    2. The nature of the copyrighted work (i.e. factual or newsworthy vs creative works)
    3. The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution images used for no more than to convey the point made)
    4. The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)

If Fit After Thirty receives notice that an image posted is not in keeping with these terms and conditions or the intended use of the Comments section where it is posted, we reserve to right to remove that image.

If you think we have published an image or text that infringes your copyright, we will address your concerns; however, if the image falls into one of the categories listed above, we believe that our use of the image is legitimate and we will not remove it from the site.

Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please send via regular mail to 552 Lynwood Drive, Encinitas, CA 92024. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (480) 233-4021 to confirm that we received your original complaint, as spam blockers can sometimes interfere with receipt of emails.

To enable us to address your concerns, please provide the following information:

  1. For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
  2. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
  3. Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:
    • Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,

    OR, absent such registration,

    • a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
    • Evidence to support your claim that you own the copyright in the image.

    We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.

  4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  5. Sign the document and send it to:

    552 Lynwood Drive, Encinitas, CA 92024
    Attn: Fit After Thirty Legal / DMCA Complaints

    OR email it to:

    legal@FitAfterThirty.com

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.

Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys’ fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects for publication.

You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.

We also reserve the right to publish your letter on the site(s).

External Links Disclaimer

Fit After Thirty Sites routinely contain links to external, third party websites. By providing links to other sites, Fit After Thirty does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Fit After Thirty Site in question.

Fit After Thirty does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to Fit After Thirty Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

Notification of Changes

Whenever Fit After Thirty changes its Terms of Use, it will post those changes to this Statement, and other places we deem appropriate to make users aware of such changes.

User Privacy

Though we make every effort to preserve user privacy, Fit After Thirty may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on any of the Fit After Thirty Sites.

Contact Information

If you have any questions or notices of violations to these terms and conditions, please contact the editor of the Fit After Thirty site in question.

This privacy statement covers all Fit After Thirty sites. Please read this statement carefully before using or proceeding to access Fit After Thirty sites. Your use of Fit After Thirty Sites indicates your agreement to abide by the Terms in effect.

Information Collection

Fit After Thirty is the sole owner of the information collected on the Fit After Thirty Sites. Fit After Thirty may collect information from our users at several different points on the Fit After Thirty Sites.

Comments

In order to enhance their use of the Fit After Thirty Sites, users can choose to leave comments on particular articles of interest. Commenters may register anonymously. However, if a third party complains that a comment breaches our Terms of Service (e.g. libels them), then in accordance with our Terms, we will make reasonable efforts to contact the commenter and alert them to the situation. If we are required to by law to disclose commenters’ contact information, we will attempt to contact commenters to give them the opportunity to respond to such requests.

Mailing List

Fit After Thirty may launch a mailing list for some or all of the Fit After Thirty Sites. In order to sign up to receive regular emails from a site’s mailing list, users must submit information including a valid email address and demographic information such as location and interests. This information will be used in aggregate form only in order to assess general user interest in various internal and third party products and services, and your personal and contact information will not be passed to any other organization. Users who choose to sign up for a mailing list will receive regular emails from the site, including new articles added to the site. If you do not wish to receive such emails, do not sign up for the mailing list.

Discussion Group and Cookies

In order to further enhance the user experience, Fit After Thirty may launch a discussion board service on some or all of the Fit After Thirty Sites where users can discuss common topics of interest. Users will have the option of signing up for this service, and to do so must submit information including a valid email address. Fit After Thirty uses this information to screen out users who leave comments prohibited by our terms and conditions of use and to pick out topics of interest to discussion board users. Fit After Thirty will not pass this information to any other organization except in aggregate form.

The discussion board service may use cookies. A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.

By setting a cookie on a Fit After Thirty Site, users will not have to log in a password more than once, thereby saving time while on the site’s discussion board. We store a cookie on each user’s machine that contains a username and encrypted password. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you will not be able to use Fit After Thirty products or services that require you to “sign in,” and you may not be able to take full advantage of all offerings. However, not all Fit After Thirty services require that you accept cookies.

Third Party Cookies

In the course of serving advertisements to this site, a third-party advertiser may place or recognize a unique cookie on your browser.

Log Files

Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. We may use a tracking utility that uses log files to analyze user movement.

Legal Disclaimer

Though we make every effort to preserve user privacy, Fit After Thirty may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on any of the Fit After Thirty sites.

Business Transitions

In the event Fit After Thirty goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.

Links

The Fit After Thirty Sites contain links to other sites. Please be aware that Fit After Thirty is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by Fit After Thirty.

Third Party Cookies

Some of our business partners may use cookies on our site (for example, advertisers). However, Fit After Thirty has no access to or control over these cookies, once we have given permission for them to set cookies for advertising. This privacy statement covers the use of cookies by Fit After Thirty only and does not cover the use of cookies by any advertisers.

Third Party Advertising

The ads appearing on this Web site are delivered to users by Google, among other services. Information about users’ visit to this site, such as number of times they have viewed an ad (but not username, date of birth, or any other personal information), is used to serve ads to users on this site. For more information about Google and cookies, please click here.

Notification of Changes

Whenever Fit After Thirty its privacy policy, we will post those changes to this privacy statement, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Contact Information

If you have any questions or suggestions regarding our privacy policy, please contact the editor of the Fit After Thirty site in question.

To provide fair and equal chance of winning to all Fit After Thirty readers, the following are the official rules for all contests on Fit After Thirty websites.

NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.

All winners must be 18 years of age or older, unless otherwise stated and/or posted.

  1. Entering Contests and Choosing and Contacting Winners

    Winners of random email contests will be chosen at random from emails received.

    Entrants must send entries using the correct contest entry email address, subject line, and any other specific entry information requested in the contest announcement. Fit After Thirty is not responsible for and will not consider incomplete or incorrect entries, or emails sent but not received by Fit After Thirty for any reason, as potential contest winners.

    Winners of all contests will be contacted at the “sender” email address used to enter the contest, and the person receiving and replying to the winner announcement email will be considered the winner unless they specify another person within the reply email as the winner. Fit After Thirty will mail the contest prize to the address supplied by the recipient of the winner announcement email.

    Only one entry per email address used to send the email will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses.

    Claiming of prizes requires an email response to Fit After Thirty from the winning sender email address within 30 days of being notified of winning at the email address used to enter. Failure to respond shall mean that the winner forfeits the prize. Fit After Thirty is not required to award elsewhere any prizes forfeited by the chosen winner(s).

  2. Submission of photo, text or other content for Contests

    Entries selected for display and to win “best of” contests and any other contests requiring photo, text or other content from the entrants will be judged entirely at the discretion of Fit After Thirty.

    By submitting any photo or information to Fit After Thirty, you hereby grant to Fit After Thirty and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to Fit After Thirty includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo;

    By submitting any photo or information to Fit After Thirty, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to Fit After Thirty herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;

    You acknowledge and agree that Fit After Thirty shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to Fit After Thirty.

    You understand and intend that any photo or information submitted by you to Fit After Thirty may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to Fit After Thirty. By submitting any photo or information to Fit After Thirty, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to Fit After Thirty.

    You hereby agree to hold Fit After Thirty and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Fit After Thirty site, or any other use authorized under these Terms, of any photo or information submitted to Fit After Thirty by you;

    Photos or information submitted by you to the Site shall be the property of Fit After Thirty, and Fit After Thirty shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.

  3. Awarding Prizes

    Winners are solely responsible for all taxes and/or fees that may be incurred. All cash winners are required to verify proper and legal picture identification and Social Security number within 30 days of notification of winning the cash prize. Winner may forfeit any and all cash winnings if verification cannot or has not been made within 30 days. Upon proper verification, cash winnings will be awarded by check, and mailed to winner’s mailing address within seven (7) business days.

    Each prizewinner must supply Fit After Thirty with his/her legal name, mailing address, birth date, daytime and nighttime telephone numbers. In the case of a cash winner, winner must also supply social security number.

    Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred.

    Neither Fit After Thirty, Fit After Thirty sponsors, nor employees of Fit After Thirty or sponsors may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize once possession has been taken of the product by winner. Fit After Thirty is not liable for any loss arising out of or in connection with or resulting from any contest promoted by Fit After Thirty.

    If the specified prize becomes unavailable due to unforeseen circumstances, Fit After Thirty may substitute a prize of like or equal value.

    Management, employees and family members of Fit After Thirty employees are prohibited from winning any prizes awarded by Fit After Thirty

    Fit After Thirty reserves the right to alter any rules of any contest at anytime. If you have any questions or complaints about a Fit After Thirty contest, please email Legal@FitAfterThirty.com.