Terms and Conditions

Terms and Conditions
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Last updated: December 17, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”)
carefully before using the https://noahohlsen.com website (the “Service”)
operated by The Pursuit of Fitness by Noah, LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
the Service.

Communications
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By creating an Account on our service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send. However,
you may opt out of receiving any, or all, of these communications from us by
following the unsubscribe link or instructions provided in any email we send.

Purchases
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If you wish to purchase any product or service made available through the
Service (“Purchase”), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.

You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons.

We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies
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We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.

We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions
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Any contests, sweepstakes or other promotions (collectively, “Promotions”)
made available through the Service may be governed by rules that are separate
from these Terms & Conditions. If you participate in any Promotions,
please review the applicable rules as well as our Privacy Policy. If the rules
for a Promotion conflict with these Terms and Conditions, the Promotion rules
will apply.

Content
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Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for the Content that you post on or through
the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and
the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through the Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to terminate
the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or
display on or through the Service and you are responsible for protecting those
rights. We take no responsibility and assume no liability for Content you or
any third party posts on or through the Service. However, by posting Content
using the Service you grant us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and
through the Service. You agree that this license includes the right for us to
make your Content available to other users of the Service, who may also use
your Content subject to these Terms.

The Pursuit of Fitness by Noah, LLC has the right but not the obligation to
monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of The
Pursuit of Fitness by Noah, LLC or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal
gain, without express advance written permission from us.

Accounts
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When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.

You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive,
vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.

Intellectual Property
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The Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of The
Pursuit of Fitness by Noah, LLC and its licensors. The Service is protected by
copyright, trademark, and other laws of both the United States and foreign
countries. Our trademarks and trade dress may not be used in connection with
any product or service without the prior written consent of The Pursuit of
Fitness by Noah, LLC.

Links To Other Web Sites
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Our Service may contain links to third party web sites or services that are
not owned or controlled by The Pursuit of Fitness by Noah, LLC

The Pursuit of Fitness by Noah, LLC has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.

You acknowledge and agree that The Pursuit of Fitness by Noah, LLC shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such third
party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.

Termination
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We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the
Service.

All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
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You agree to defend, indemnify and hold harmless The Pursuit of Fitness by
Noah, LLC and its licensee and licensors, and their employees, contractors,
agents, officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney’s fees), resulting from or arising out of a) your use
and access of the Service, by you or any person using your account and
password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability
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In no event shall The Pursuit of Fitness by Noah, LLC, nor its directors,
employees, partners, agents, suppliers, or affiliates, be liable for any
indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access or
use the Service; (ii) any conduct or content of any third party on the
Service; (iii) any content obtained from the Service; and (iv) unauthorized
access, use or alteration of your transmissions or content, whether based on
warranty, contract, tort (including negligence) or any other legal theory,
whether or not we have been informed of the possibility of such damage, and
even if a remedy set forth herein is found to have failed of its essential
purpose.

Disclaimer
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Your use of the Service is at your sole risk. The Service is provided on an
“AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.

The Pursuit of Fitness by Noah, LLC its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function uninterrupted,
secure or available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your
requirements.

DISCLAIMER OF WARRANTIES
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THE WEBSITE, AND ALL MATERIALS AND INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” AND IS USED BY YOU AT YOUR SOLE RISK. THE PURSUIT OF FITNESS BY NOAH, LLC AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIM SUCH WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.WITHOUT LIMITING THE FOREGOING, THE PURSUIT OF FITNESS BY NOAH, LLC: (I) MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WITH RESPECT TO OF THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE FEATURES, INFORMATION, CONTENT, APPLICATIONS OR SERVICES ON THE WEBSITE, OR ANY OF THE PRODUCTS OFFERED AND SOLD ON OR THROUGH THE WEBSITE; (II) WILL NOT BE RESPONSIBLE FOR ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THE WEBSITE OR ANY CLAIMS OF QUALITY OR PERFORMANCE WITH RESPECT TO SUCH PRODUCTS OR SERVICES; AND (III) WILL NOT BE RESPONSIBLE FOR ANY INJURIES OR DAMAGES TO YOUR HEALTH RESULTING FROM ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE.THE PURSUIT OF FITNESS BY NOAH, LLC AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. NO ORAL OR WRITTEN STATEMENTS BY THE PURSUIT OF FITNESS BY NOAH, LLC OR ITS AFFILIATES WILL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN.REGARDLESS OF ANY PERCEIVED SCIENTIFIC MERIT, THE PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON AND THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON ANY 3RD PARTY WEBSITES, ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR CONDITION, BUT RATHER TO PROMOTE GENERAL WELLBEING. THE SERVICES AND PRODUCTS OFFERED THROUGH THE WEBSITE HAVE NOT NECESSARILY BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY AGENCY.WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN CANADA OR THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.

Exclusions
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Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.

Governing Law
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These Terms shall be governed and construed in accordance with the laws of
Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.

Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.

By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.

Contact Us
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If you have any questions about these Terms, please contact us.