CONDITIONS OF USE
Welcome to ASHLEY NOEL FITNESS (ashleynoelfitness.com). ASHLEY NOEL FITNESS, LLC and its associates provide their services to you subject to the following conditions. If you visit this website, you accept these conditions and signify your agreement to be bound by the terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Please read them carefully before using ASHLEY NOEL FITNESS.
When you visit ASHLEY NOEL FITNESS or send us emails, you are contacting us electronically. You consent to receive communications from us electronically via email or through notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing.
All content on this site is property of ASHLEY NOEL FITNESS or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of ASHLEY NOEL FITNESS, with copyright authorship for this collection by ASHLEY NOEL FITNESS, and protected by international copyright laws.
Copyrightable content includes, but not limited to:
- Button Icons
- Audio clips
- Digital downloads
- Data compilations
ASHLEY NOEL FITNESS’s trademarks and trade dress may not be used in connection with any product or service that is not ASHLEY NOEL FITNESSs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ASHLEY NOEL FITNESS. All other trademarks not owned by ASHLEY NOEL FITNESS or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ASHLEY NOEL FITNESS or its subsidiaries.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
ASHLEY NOEL FITNESS and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from ASHLEY NOEL FITNESS are made pursuant to a shipment contract. This means that risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
ASHLEY NOEL FITNESS does not take title to returned items until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return. In this situation, ASHLEY NOEL FITNESS does not take title to the refunded item.
All refunds must be done within 30 days after delivery to be eligible for a full-refund. Tax on restocking fees may apply to return items that were shipped and sold by ASHLEY NOEL FITNESS for customers.
ASHLEY NOEL FITNESS and its associates attempt to be as accurate as possible. However, ASHLEY NOEL FITNESS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ASHLEY NOEL FITNESS is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ASHLEY NOEL FITNESS ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASHLEY NOEL FITNESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASHLEY NOEL FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASHLEY NOEL FITNESS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ASHLEY NOEL FITNESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASHLEY NOEL FITNESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting ASHLEY NOEL FITNESS, you agree that the laws of the state of Minnesota, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ASHLEY NOEL FITNESS or its associates.
Any dispute relating in any way to your visit to ASHLEY NOEL FITNESS or to products you purchase through ASHLEY NOEL FITNESS shall be submitted to confidential arbitration in Minnesota, United States, except that, to the extent you have in any manner violated or threatened to violate ASHLEY NOEL FITNESS’s intellectual property rights, ASHLEY NOEL FITNESS may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, United States, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ASHLEY NOEL FITNESS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ASHLEY NOEL FITNESS and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant ASHLEY NOEL FITNESS and its associates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify ASHLEY NOEL FITNESS or its associates for all claims resulting from content you supply. ASHLEY NOEL FITNESS has the right, but not the obligation, to monitor and edit or remove any activity or content. ASHLEY NOEL FITNESS takes no responsibility and assumes no liability for any content posted by you or any third party.
LICENSE AND SITE ACCESS
ASHLEY NOEL FITNESS grants you a limited license to access and make personal (non-commercial) use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ASHLEY NOEL FITNESS. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, reverse engineered, visited, or otherwise exploited for any commercial purpose without express written consent of ASHLEY NOEL FITNESS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ASHLEY NOEL FITNESS and our associates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing ASHLEY NOEL FITNESS’s name or trademarks without the express written consent of ASHLEY NOEL FITNESS.
Any unauthorized use terminates the permission or license granted by ASHLEY NOEL FITNESS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ASHLEY NOEL FITNESS so long as the link does not portray ASHLEY NOEL FITNESS, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ASHLEY NOEL FITNESS’s logo or other proprietary graphic or trademark as part of the link without express written permission. Upon terminating your viewing of these materials or termination of this license, you must destroy any downloaded materials in your possession whether or in electronic or printed form.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
“List Price” means the suggested retail price of a product as provided by a manufacturer or supplier. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on ASHLEY NOEL FITNESS.
With respect to items sold by ASHLEY NOEL FITNESS, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by ASHLEY NOEL FITNESS is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any ASHLEY NOEL FITNESS if you are subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using ASHLEY NOEL FITNESS. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
Parties other than Stripe operate stores, provide services or software, or sell product lines through the ASHLEY NOEL FITNESS. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from ASHLEY NOEL FITNESS. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). ASHLEY NOEL FITNESS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
If you breach our Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
We do not sell products for purchase by children. If you are under 18 you may use ASHLEY NOEL FITNESS only with the involvement of a parent or guardian.