The following is a legal agreement between the University of North Carolina at Greensboro (“we” or “us”) and the user (“you”) of the Moving On! website (the “Site”).
By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound to this End User License Agreement (“Terms”) and to comply with all applicable laws and regulations. This agreement contains warranty disclaimers and other provisions that limit liability to you. If you do not agree to these Terms, you are prohibited from using the Site. The University of North Carolina at Greensboro shall have the right to revise these terms at any time and without notice by updating the Site. Your continued use of the Site reflects your agreement to be bound by any such revisions.
The information contained on the Site is intended for educational purposes only and does not constitute personalized advice regarding health, fitness, exercise, or nutrition. You should seek the advice of your physician or qualified healthcare provider prior to starting any new physical activity or diet program, or if you have any questions about content on the Site. While every effort has been made to provide quality information, the Site make no claims, promises or warranties about the accuracy, completeness, or adequacy of the information contained in or linked to from the Site. Health advice (including information about exercise, fitness, and nutrition) must be tailored to the specific facts and circumstances of each case and nothing provided herein should be used as a substitute for the advice of your medical professional. The Site allows you to publish information and/or materials to other users of the Site (“Users”) and to view other information or materials subject to these Terms.
All content published on the Site, excluding information posted by Users and any third party’s trademarks and copyrighted material, is the property of the University of North Carolina at Greensboro. You may download or print a copy of any portion of the content solely for your personal, non-commercial use, provided that you keep all trademark, copyright, or other proprietary notices intact. All trademarks and logos on the Site (excluding any third party marks) are either trademarks or registered trademarks of the University of North Carolina at Greensboro and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the University of North Carolina at Greensboro.
By submitting content for publication on the Site, you automatically grant the University of North Carolina at Greensboro an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to publish such content on the Site.
You represent and warrant that you are of legal age and possess the legal right to enter into, and be bound by, these Terms. You further represent and warrant that you will not post any content to the site that is not original content owned by you or that violates the rights of any third party, or that violates any applicable law or regulation.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations. You also agree that you shall not: (a) interfere with another Users’ use if the Site; (b) upload, download, transmit or otherwise distribute any message, data, information, text or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (c) upload, transmit, or otherwise distribute any viruses or other harmful, disruptive or destructive files; or (d) upload, download, transmit or otherwise distribute any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
The University of North Carolina at Greensboro reserves the right to modify the site and the materials, features and services provided on the site at any time without prior notice.
THE MATERIALS, INFORMATION AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM) OR AGAINST INFRINGEMENT. THE SITE CONTENT INCLUDE NUTRITION ADVICE AND CONDITIONING EXERCISES THAT MAY OR MAY NOT BENEFIT GENERAL HEALTH. USERS ARE PERSONALLY RESPONSIBLE FOR MODIFYING THE LEVEL OF PHYSICAL ACTIVITIES AND FOOD CONTENT BASED UPON THEIR OWN CARDIORESPIRATORY, MUSCULAR FITNESS, AND NUTRITION NEEDS. THERE EXISTS THE RISK OF BODILY INJURY INCLUDING, BUT NOT LIMITED TO ALLERGIC REACTIONS AND INJURIES TO THE MUSCLES, LIGAMENTS, TENDONS, AND JOINTS OF THE BODY. YOU HAVE SOLE RESPONSIBILITY TO MINIMIZE THESE OCCURRENCES BY PROPER SELF-ASSESSMENTS OF YOUR OWN CONDITION BEFORE ENGAGING IN ACTIVITIES BASED ON SITE CONTENT AND WILL NOT MAKE ANY CLAIM AGAINST ANY OF THE ABOVE NAMED INDIVIDUALS FOR ANY LOSS OR DAMAGES RESULTING FROM THE ACCESS TO AND USE OF SITE CONTENT.
NEITHER THE UNIVERSITY OF NORTH CAROLINA AT GREENSBORO NOR ANY OF ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES OR STUDENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE UNIVERSITY OF NORTH CAROLINA AT GREENSBORO’S AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY ($50).
You hereby agree to defend, indemnify and hold harmless the University of North Carolina at Greensboro and its trustees, officers, employees, directors and students, from all liabilities, claims and expenses, including attorney’s fees that arise from your use or misuse of the Site. The University of North Carolina at Greensboro reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the University of North Carolina at Greensboro in asserting any available defenses.
In the event the University of North Carolina at Greensboro determines, in its sole discretion, that you have violated these Terms, it shall have the right to immediately terminate your access to the site, without prior notice to you, and/or pursue any other remedies available to it under applicable law. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding any conflict of laws provisions. Any lawsuit or proceeding arising from your use of the Site or otherwise pursuant to these Terms must be filed in a court in Guilford County, North Carolina, and you hereby consent to the exclusive personal jurisdiction and venue of such courts.