Introduction
Welcome to the Marina Santos Fit, LLC website ("Site"). This Terms of Use Agreement ("Agreement")
sets forth the agreement between Marina Santos Fit, LLC ("Marina Santos Fit, LLC" or "we") and each
user ("you" or "user") governing the use by you of this Site. Please read this Agreement carefully
before using this Site. By using this Site, you agree to be bound by the terms and conditions
contained in this Agreement. If you do not agree to the terms and conditions contained in this
Agreement, you may not access or otherwise use this Site.
These Terms may change from time to time. We will notify you of any material changes to these Terms
by posting a notice on the homepage of the Site for a reasonable period of time after such changes
are made that these Terms have been updated, and by changing the "Last Updated" date at the top of
this webpage. We encourage you to check this page periodically for any changes. Your continued use
of the Site following the posting of changes to these terms will mean you accept those changes.
In addition, when using particular services or features or making purchases on the Site, you shall be
subject to any posted guidelines or policies applicable to such services, features or purchases that
may be posted from time to time. All such guidelines or policies are hereby incorporated by
reference into this Agreement.
Not Healthcare Advice
This site is not intended to provide medical advice, diagnosis or treatment. The products,
information, services and other content provided on and through this Site, including information
that may be provided on the Site (directly or via linking to third-party sites by a healthcare or
nutrition professional), are provided for informational purposes only. Please consult with your
physician or other healthcare professional (collectively, "Healthcare Professional") regarding any
medical or health-related diagnosis or treatment options.
The information provided on this Site, Linked Sites (as defined), any product label or product
packaging, including information relating to health conditions or products, is often provided in
summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare
Professional.
You should not use the information or services on this Site for diagnosis or treatment of any health
issue or for prescription of any medication, drug or other treatment. You should always consult with
your Healthcare Professional, and carefully read all information about a product and on or in any
product label or packaging, before using any dietary supplement, before starting any diet or
exercise program or before adopting any regimen for a health condition. Each person is different,
and the way you react to a particular product may be significantly different from the way other
people react to such product. You should also consult your Healthcare Professional regarding any
interactions between any medication you are currently taking and any dietary supplements. Marina
Santos Fit, LLC customers are encouraged to voluntarily participate in our forums, blogs, or
reviews, including descriptions of their experiences with specific products. Any comments made by
employees in these forums or in reviewing products are strictly their own personal views made in
their personally capacity. These comments are not claims made by Marina Santos Fit, LLC nor do they
represent the view or position of Marina Santos Fit, LLC.
Purchases
If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase
Policy, which is hereby incorporated into and made part of this Agreement. Please review our
Purchase Policy before making any such purchase. By submitting payment information in connection
with any such purchase, you agree to be bound by the terms of our Purchase Policy.
Privacy
Use of this Site is subject to the terms of our Privacy Policy, which is hereby
incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By
using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and
you authorize us, to use information regarding your use of this Site, account registration, and any
other personal information provided by you in accordance with our Privacy Policy.
Copyright and Trademarks
You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds,
pictures, software and other files and the selection and arrangement thereof (collectively,
"Materials"), are the property of Marina Santos Fit, LLC 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 this Agreement are reserved to their
respective copyright owners. Except as expressly authorized by this Agreement or on the Site, 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 Marina Santos Fit, LLC or the respective copyright owner. Marina
Santos Fit, LLC 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. 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 on this Site (including, without limitation, Marina
Santos Fit, LLC, VitaCell+, VitaOmega+ and FloraThrive+ and any Marks associated with any products
available on the Site) are the sole property of Marina Santos Fit, LLC and/or its suppliers or
licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior
written authorization of Marina Santos Fit, LLC and/or its suppliers or licensors. In addition, all
page headers, custom graphics, button icons and scripts are Marks of Marina Santos Fit, LLC and may
not be copied, imitated or otherwise used, in whole or in part, without the prior written
authorization of Marina Santos Fit, LLC. Marina Santos Fit, LLC will enforce its intellectual
property rights to the fullest extent of the law.
Links - Third Party Websites
Links on the Site to third party websites are provided only as a convenience to you. If you use these
links, you will leave the Site. Marina Santos Fit, LLC does not control or endorse any such third
party websites. You agree that Marina Santos Fit, LLC Parties will not be responsible or liable for
any content, goods or services provided on or through these outside websites or for your use or
inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the use of the Site, including payment for and
delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such advertiser. You agree
that Marina Santos Fit, LLC Parties shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence of such
advertisers on the Site.
Disclaimer - Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE
MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS AGREEMENT, Marina Santos Fit, LLC, LLC, ITS PARENT, SUBSIDIARIES AND
OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES (COLLECTIVELY, "Marina Santos Fit, LLC PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, Marina Santos Fit, LLC PARTIES MAKE NO
WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Marina Santos Fit, LLC PARTIES OR ON OR
THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
NONE OF THE PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT TO ANY APPLICABLE
WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Marina Santos Fit, LLC PARTIES
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES,
WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, Marina Santos Fit, LLC PARTIES EXPRESSLY DISCLAIM ALL
LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE,
PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
Marina Santos Fit, LLC PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE,
INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR
SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V)
FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY
THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF
ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF
PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET
FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Marina Santos Fit, LLC AND
YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF
Marina Santos Fit, LLC PARTIES FOR ANY REASON, 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 Marina Santos Fit, LLC ON THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO
THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless Marina Santos Fit, LLC Parties against all claims,
demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys'
fees, resulting or arising from or relating to your use of or conduct on the Site, any activity
related to your account by you or any other person, any material that you submit to, post on or
transmit through the Site, your breach of this Agreement, your infringement or violation of any
rights of another, or termination of your access to the Site.
Site Usage - Termination of Usage
You are required to establish an account on this Site in order to take advantage of certain features
of this Site, such as making a purchase. If you provide information on this Site, you agree to (a)
provide true, accurate, current and complete information about yourself as prompted by the Site, and
(b) maintain and promptly update such information to keep it true, accurate, current and complete to
the extent the Site facilitates such updates. If you provide any information that is false,
inaccurate, outdated or incomplete, or Marina Santos Fit, LLC has reasonable grounds to suspect that
such information is false, inaccurate, outdated or incomplete, Marina Santos Fit, LLC has the right
to suspend or terminate your account and prohibit any and all current or future use of the Site (or
any portion thereof) by you.
You will create a username and password while completing the account registration process. You are
responsible for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You agree to (a)
immediately notify Marina Santos Fit, LLC of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the end of each session.
You agree to be responsible for all charges resulting from the use of your account on the Site,
including charges resulting from unauthorized use of your account prior to your taking steps to
prevent such occurrence by changing your password and notifying Marina Santos Fit, LLC. Marina
Santos Fit, LLC Parties cannot and will not be liable for any loss or damage arising from your
failure to comply with this section.
You agree to use this Site only for lawful purposes, and that you are responsible for your use of and
communications on the Site. You agree not to post on or transmit through this Site any unlawful,
infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive,
hateful or otherwise objectionable material of any kind, including any material that encourages
criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual
property rights or otherwise violates any applicable local, state, national or international law.
You agree not to use this Site in any manner that interferes with its normal operation or with any
other user's use and enjoyment of the Site.
You further agree that you will not access this Site by any means except through the interface
provided by Marina Santos Fit, LLC for access to the Site. Creating or maintaining any link from
another website to any page on this Site without the prior written authorization of Marina Santos
Fit, LLC is prohibited. Running or displaying this Site or any information or material displayed on
this Site in frames or through similar means on another website without the prior written
authorization of Marina Santos Fit, LLC is prohibited. Any permitted links to this Site must comply
with all applicable laws, rule and regulations.
Marina Santos Fit, LLC makes no representation that Materials contained on the Site or products
described or offered on the Site are appropriate or available for use in jurisdictions outside the
United States, or that this Agreement complies with the laws of any other country. Visitors who use
the Site and reside outside the United States do so on their own initiative and are responsible for
compliance with all laws, if and to the extent local laws are applicable. You agree that you will
not access this Site from any territory where its contents are illegal, and that you, and not Marina
Santos Fit, LLC Parties, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or Marina Santos Fit, LLC. You
may terminate this Agreement at any time, provided that you discontinue any further use of this
Site. Marina Santos Fit, LLC also may terminate or suspend this Agreement, at any time, without
notice, and accordingly deny you access to the Site, if in Marina Santos Fit, LLC's sole discretion
you fail to comply with any term or provision of this Agreement or your use is harmful to the
interests of another user or Marina Santos Fit, LLC Parties. Upon any termination of the Agreement
by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from
this Site, as well as all copies of such materials, whether made under the terms of use or
otherwise. Marina Santos Fit, LLC reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
Except as otherwise expressly stated in this Agreement, you agree that Marina Santos Fit, LLC
Parties shall not be liable to you or to any third party for any modification, suspension or
discontinuation of the Site.
You agree that Marina Santos Fit, LLC may terminate or suspend your access to all or part of this
Site, without notice, for any conduct that Marina Santos Fit, LLC, in its sole discretion, believes
is in violation of this Agreement or any applicable law or is harmful to the interests of another
user or Marina Santos Fit, LLC Parties.
Sections IV (Privacy), VII (Disclaimer - Limitation of Liability), VIII (Indemnification), IX (Site
Usage - Termination of Usage), X (User Content and Conduct), XI (Applicable Law, Jurisdiction, and
Dispute Resolution), XII (Severability and Interpretation) and XIV (Miscellaneous) shall survive any
termination of this Agreement.
User Content and Conduct
Where applicable at the Site, you are invited to post your own content ("User Content"). Please note
that this Site is intended for adult use; if you are under the age of 13, do not submit any User
Content to this Site.
You understand that all User Content, whether you have publicly posted on a forum or privately
transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed
to be a safe place to share such User Content, Marina Santos Fit, LLC cannot guarantee that other
users will not misuse the User Content that you share. If you have any User Content that you would
like to keep confidential and/or do not want others to use, do not post it to the Site. Under no
circumstances will Marina Santos Fit, LLC be liable in any way for any User Content, including, but
not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind
incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the
Site. Marina Santos Fit, LLC IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER
CONTENT YOU POST TO THE SITE.
By posting any User Content at the Site, you hereby grant Marina Santos Fit, LLC a royalty-free,
fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to
use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works
from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or later developed. You
specifically waive any "moral rights" in and to the User Content. The foregoing grant includes,
without limitation, any copyrights and other intellectual property rights in and to your User
Content. You represent and warrant that: you own the User Content posted by you on or through the
Site or otherwise have the right to grant the license set forth in this Section X; and the posting
of your User Content on or through the Site does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person. You agree to pay for all royalties,
fees, and any other monies owing any person by reason of any User Content you posted to or through
the Site.
You acknowledge and agree that Marina Santos Fit, LLC may preserve User Content and may also disclose
User Content if required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to
claims that any User Content violates the rights of third-parties; or protect the rights, property,
or personal safety of Marina Santos Fit, LLC, its users and the public. You understand that the
technical processing and transmission of the Site, including your User Content, may involve:
transmissions over various networks; and changes to conform and adapt to technical requirements of
connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions
applies forever and broadly with regard to Marina Santos Fit, LLC worldwide. Posting of User Content
to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No
confidential or contractual relationship is established by your posting of User Content or is to be
implied by our review or subsequent use of your User Content. Marina Santos Fit, LLC shall not be
liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or
through the Site. Marina Santos Fit, LLC SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT
IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE,
WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT
You agree that you will not use the Site to:
1. upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate
any person or entity, including, but not limited to a representative of Marina Santos Fit, LLC, or
falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge
headers or otherwise manipulate identifiers in order to disguise the origin of any User Content
transmitted through the Site;
5. upload, post, email or otherwise transmit any User Content that
you do not have a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or disclosed as part
of employment relationships or under non-disclosure agreements);
6. upload, post, email or
otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
7. upload, post, email or otherwise transmit
any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those areas that are
designated for such purpose;
8. upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs designed to interrupt,
emulate, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Site are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the
Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies
or regulations of networks connected to the Site;
11. "stalk" or otherwise harass another;
12.
collect or store personal data about other Site users; or
13. gain access to unauthorized areas
of the Site or our network or servers.
We will terminate the account and/or block Site users who repeatedly violate the above-mentioned
items or the intellectual property rights of any other person on this Site.
You understand that by using the Site, you may be exposed to User Content created by others that is
offensive, indecent or objectionable. Marina Santos Fit, LLC does not endorse or have control over
the User Content. User Content is not reviewed by Marina Santos Fit, LLC prior to posting and does
not reflect the opinions or policies of Marina Santos Fit, LLC. Marina Santos Fit, LLC makes no
representations or warranties, express or implied as to the User Content or the accuracy and
reliability of the User Content or any other material or information that you may access through the
Site. Marina Santos Fit, LLC assumes no responsibility for monitoring the Site for inappropriate
submissions or conduct. If at any time Marina Santos Fit, LLC chooses, in its sole discretion, to
monitor the Site, Marina Santos Fit, LLC nonetheless assumes no responsibility for the User Content,
has no obligation to modify or remove any inappropriate User Content, and has no responsibility for
the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing,
Marina Santos Fit, LLC and its designees shall have the right to remove any User Content that
violates this Agreement or is otherwise objectionable, in Marina Santos Fit, LLC's sole discretion.
You agree that you must evaluate, and bear all risks associated with, the use of any User Content,
including any reliance on the accuracy, completeness, or usefulness of such User Content. In this
regard, you acknowledge that you may not rely on any User Content. You are solely responsible for
your interaction.
You are solely responsible for your interactions with other Site users. Marina Santos Fit, LLC
reserves the right, but has no obligation, to monitor disputes between you and other Site users and
to terminate your Site access, in its sole discretion.
Applicable Law, Jurisdiction, and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming
in the United States, without regard to its choice of law provisions. You agree to submit to
personal jurisdiction in the State of Wyoming and further agree that any cause of action arising
from or relating to the use of this Site or this Agreement shall be brought exclusively in the
federal or state courts residing in Teton County, Wyoming.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Marina Santos Fit, LLC HEREBY WAIVE THE RIGHT TO A
TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS
AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR Marina Santos Fit, LLC SHALL BE ENTITLED TO JOIN
OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR
CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Severability and Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by
a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall
not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by
the words "without limitation."
Entire Agreement
This Agreement constitutes the entire and only Agreement between Marina Santos Fit, LLC and each user
of this Site with respect to the subject matter of this Agreement and supersedes any and all prior
or contemporaneous Agreements, representations, warranties and understandings, written or oral, with
respect to the subject matter of this Agreement.
Miscellaneous
The failure of Marina Santos Fit, LLC Parties to insist upon strict adherence to any term of this
Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit
that party's right thereafter to insist upon strict adherence to that term or any other term of this
Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of
action arising from or relating to use of this Site or this Agreement must be filed within one (1)
year after such claim or cause of action arose, or will be forever barred. The "Disclaimer;
Limitation of Liability" provisions of this Agreement are for the benefit of Marina Santos Fit, LLC
Parties as defined herein, and each of these individuals or entities shall have the right to assert
and enforce these provisions directly against you on its own behalf.
Policy
We respect the intellectual property rights of others and require that Site users do the same. If you
believe that your proprietary work has been copied in a way that constitutes copyright infringement,
please forward the following information to Marina Santos Fit, LLC's Copyright Agent, designated as
such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
1. A physical signature of the person authorized to act on behalf of the owner of the copyright;
2.
A description of the copyrighted work that you claim has been infringed;
3. A description of
where the material that you claim is infringing is located on the Service;
4. Your address,
telephone number, and email address;
5. A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the law; 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.
Copyright Agent: Marina Santos Fit, LLC
1603 Capitol Ave. Suite 310 A401
Cheyenne, WY 82001
Attn:
Copyright Agent
No Thank You, I’ll Pass. I Know I’ll Never See This Discount Again