This Website located at www.chrisolaughlin.com (the “Site”) is owned and operated by Chris O’Laughlin of Maynard, MA. I maintain the Site for your personal entertainment, information, and education. Use of the Site signifies your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms”). If you do not agree to these Terms please do not use this Site. I reserve the right to change these Terms, and your continued use of the Site constitutes agreement to all such changes.
You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Site.
You must not change, modify, adapt or alter the Site.
Everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided for in these terms and conditions or in the text of the Site without the express permission of Chris O’Laughlin. I neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties. You may only download material displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, “frame” or use the content of the Site for public or commercial purposes including the text, images, audio and/or video without Chris O’Laughlin’s prior written permission.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post on the Site or any third-party website and/or application using #chrisolaughlin or #fitnessforlife (the “Hashtags”) may be used by me for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You represent and warrant that any content posted by you anywhere using the Hashtags is owned by you and does not violate, misappropriate or infringe on the rights of any third party.
Your use of and browsing in the Site are at your own risk. Neither Chris O’Laughlin nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of the Site. Without limitation, everything on the Site is provided to you “AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHRIS O’LAUGHLIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHRIS O’LAUGHLIN EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO CHRIS O’LAUGHLIN, IF ANY, IN THE PAST SIX MONTHS IN CONJUNCTION WITH THE USE OF THIS SITE.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CHRIS O’LAUGHLIN HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold Chris O’Laughlin harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) any content you post on a third-party website and/or application using the Hashtags or otherwise associated with Chris O’Laughlin or your access to or use of the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. Chris O’Laughlin reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Chris O’Laughlin.
These Terms and any action related thereto will be governed by the laws of the State of Massachusetts without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in the federal or state courts located in Suffolk County, Massachusetts, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Site in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Massachusetts (excluding choice of law).
The failure of Chris O’Laughlin to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
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