WHAT MOVES YOU

Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Carly Appler (the “Provider”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.

 

1. Trademarks, Copyrights and Restrictions

 

The contents of Carly Appler’s Website pages, including, but not limited to text, graphics and icons, are copyrighted materials owned or controlled by Carly Appler and contain Carly Appler’s name, trademarks, service marks and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating or acquiring Carly Appler’s services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify these materials. No permission is granted here to you to use Carly Appler’s icons, site address, or other means to hyperlink other Internet sites with any page in Carly Appler’s Website, and Carly Appler assumes no responsibility for any other party’s site hyperlinked to the Website or in which any part of Carly Appler’s Website has been hyperlinked.

 

2. Privacy

 

(1) Provider is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to its sites. However, certain nonpersonal information of visitors is recorded by the standard operation of Provider’s servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor’s Internet service provider. By having this information, web pages optimized for a particular visitor’s computer is automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and nonpersonally identifiable form. Email addresses and other personally identifiable data about visitors to this site are known to Provider only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by Provider and not sold or otherwise transferred outside the company. This information is used to better understand visitors’ use of our sites and to support transactions made on the sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use email addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct email to visitors who provide us with their email addresses for specific purposes such as receiving our email newsletters or being notified if they have won one of our contests. Each email newsletter always contains instruction on how to discontinue receipt of the newsletter.

 

(2) Many of the Provider websites, including this one, place a “cookie” in the browser files of a Provider user’s computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable Provider to relate a user’s use of a Provider site to information that the user has specifically and knowingly provided, Provider does not do so for any kids’ sites. Users should be aware that when they voluntarily disclose personal information (e.g., user name, email address, telephone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. To the extent that any of our sites accessible through Provider has additional practices, these practices will be explained at that site.

 

3. Linked Sites

 

Provider, whether or not affiliated with sites which may be linked to this site, is not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.

 

4. Disclaimer

 

The materials in Provider’s Websites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Provider disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Provider does not warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that Provider’s Websites or the server that makes them available are free of viruses or other harmful components. Provider does not warrant or make any representations regarding the use or the results of the use of the materials in Provider’s Websites in terms of their correctness, accuracy, reliability or otherwise. You (and not Provider) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in Provider’s Websites is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms or other forums conducted on this site (“Forums”) are not necessarily those of Provider or its affiliated or related entities or content providers and Provider makes no representations or warranties regarding that information or those opinions. Furthermore, neither Provider nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in Provider’s Websites.

This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence or under any other cause of action.

 

5. Submissions

 

We encourage you to share your comments and questions with other users and us. We promise to read all the mail you send to us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future programs by Carly Appler. Also, please remember that you are responsible for whatever material you submit, and that you, and not Carly Appler, have full responsibility for the message, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of Carly Appler.

By sending us a message in the email area, you agree to have it along with your name posted for public viewing both here and in other promotional and advertising materials by Carly Appler without compensation. We’ll try to post as many of the messages as we can, although we cannot promise to post every submission. All messages that are posted here represent the opinions of other Carly Appler’s Website users and do not represent the ideas or opinions of Carly Appler. You may copy them as much as you’d like for personal use, but redistribution in any way requires the permission of Carly Appler. In consideration of this authorization, you agree that any copy of this information that you make shall retain all copyright and other proprietary notices contained herein.

 

Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of Provider throughout the universe and Provider shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Provider’s Websites, you agree that Provider has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.

Provider is not responsible for any material posted on our Forums. You shall not submit or otherwise publish through such Forums any content which:

 

(a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;

(b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks;

(c) violates any law;

(d) advocates illegal activity; or

(e) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively “NonApproved Material”).

 

You agree to indemnify Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable lawyer’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.

 

6. Email and Postings Received

 

Do not post any threatening or libelous emails or material on this site that would be considered a violation of any law. Provider Online will fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any such emails or materials.

 

7. Jurisdictional Issues

 

(1) Unless otherwise specified, the materials in Provider’s Websites are presented solely for the purpose of promoting Carly Appler in Canada and its territories. This site is controlled and operated by Provider from its offices within the Province of Manitoba. Provider makes no representation that materials in Provider’s Websites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

(2) This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Manitoba, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or Provider bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of the Province of Manitoba, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Provider.

 

8. Injury Information, Exercises, Physiological Response to Exercise

 

The user agrees to consult their health care practitioner before attempting to perform any exercises (including body weight, free weights, range of motion, or stretching exercises) or use information regarding musculoskeletal injuries, physiological responses to exercise, or any other information shared and published on Carly Appler’s Website. Any information on The Provider’s Website is not medical advice and the user should consult their health care practitioner with regards to their physical and mental health. Carly Appler does not take responsibility for any injury or illness that may happen before, during, or after the Website user uses any of the Website’s information shared by The Provider, or performs any exercises. The user will use any information on Carly Appler’s Website at their own risk.