Terms of Use

Last revised: October, 2013

Welcome to the Internet website of Second Chance™ Lifestyle LLC (“Second Chance”). Second Chance values your interest in its services and appreciates your visit to this website. As used hereinafter, the term “website or site” includes those websites which are owned and/or operated on behalf of Second Chance, including the web pages associated with www.benbooker.staging.wpengine.com. These terms and conditions do not apply to any website owned and/or operated by or on behalf of any third party, even if we provide a hyperlink to such website.

User Access

Second Chance makes this website available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “using”) this website, you acknowledge that you, the individual user of this website, have read, understood and agree to be legally bound by these terms and conditions, and to comply with all applicable laws and regulations, without limitation or qualification. By using this website, you further acknowledge that you are older than the age of majority as defined in your jurisdiction and, notwithstanding the foregoing, older than 18 years of age, and that you have the authority and do hereby legally bind the business, entity or organization, if any, for which you serve as an agent, independent contractor or employee thereof to the same terms and conditions, without limitation or qualification. As used hereinafter, the terms “you” and “your” shall include and/or reference the individual user of this website and, when applicable, the business, entity or organization for which the individual user of this website serves as an agent, independent contractor or employee thereof. These terms and conditions shall take effect immediately on your first use of the website. If you do not agree to these terms and conditions, you are not authorized to access, browse or otherwise use this website.

Second Chance, at its sole discretion, reserves the right to alter or change these terms and conditions at any time. Any modifications will become effective when posted on this website. By using this website after any changes in these terms and conditions are made, you agree to be legally bound by the terms and conditions as amended. Therefore, you should revisit this page frequently to determine the present terms to which you are legally bound.

Second Chance may terminate your right to use this website without cause at any time and effective immediately. In addition, Second Chance may terminate your right to use this website immediately and without notice for violation of any part of these terms and conditions. In the event of any such termination, the restrictions on your use of the material on this website shall survive such termination, and you agree to be bound by those terms.

Products and Services Available On Website

Second Chance may offer for sale certain products or services. Second Chance attempts to display and describe the products and/or services as accurately as possible. However, Second Chance and its respective employees, agents, directors, officers, shareholders, affiliates, successors and assigns (collectively, “Second Chance”) are not responsible for nor make any warranty regarding the performance, quality, or results of products and services that may be obtained through the website. The photos and testimonials shown on the website are informational in nature and individual consumers may not achieve the same results.

Features, availability and specifications of products and services described or depicted on the website are subject to change at any time without notice. While we do our best to assure an accurate quotation, errors may occur. Shipping and other charges and taxes may apply to your order based on the jurisdiction. You will be responsible for all applicable taxes.

Intellectual Property And Restrictions On Use Of Information And Content

All information and content provided on this website, whether explicitly marked or not, is the property of Second Chance, its subsidiaries, affiliated companies or joint partners, or others, and is subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, images, video, audio, animation, software, their related files and their arrangement on the website.

All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “marks”), whether explicitly marked or not, used on this website are owned by Second Chance, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.

Some products and/or services offered by Second Chance on the website may be covered by one or more patents or patent applications that may mature into patents.

You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, content or marks provided on this website in any form or by any means, or by any information storage or retrieval system for any commercial use, without the express written permission of Second Chance. You may, however, copy, print or otherwise use the information, content or marks provided on this website provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association by you with any services, product, brands or affiliates through the use of any information or content. Other use of any information, content or marks, except as specifically permitted in these terms and conditions or in a written instrument signed by Second Chance, is strictly prohibited.

Nothing contained in this website shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Second Chance or any third party.

You are not permitted to create a hyperlink to any page or portion of this website or to frame any page or portion of this website without the prior written permission of Second Chance.

Any use of the information, content or marks provided on this website that does not comport with the above terms and conditions shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.

Submissions

Some services on the site allow you or require you to register with the website to obtain information, post material, or purchase or obtain products or services. You are responsible for maintaining the confidentiality of your registration information and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your login or registered account. Second Chance reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders for goods or services at its sole discretion.

We welcome your comments regarding Second Chance. However, by sending comments, feedback, pictures, notes, messages, ideas, suggestions or other communications (collectively, “communications”) to Second Chance you hereby grant to Second Chance a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such content throughout the world in any media. Your license includes all rights under any copyrights, trademarks, patents, trade secrets, privacy and publicity rights and any other intellectual property rights and allows Second Chance to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You represent and warrant that (a) you own or otherwise control all rights in the content that you submit or post; (b) the information is accurate; (c) the submitted material does not violate these Terms of Use or the rights of any third-party; and (d) you will indemnify Second Chance for all costs or damages arising out of material that you submit to the website. Second Chance has the right but not the obligation to monitor and edit all submitted materials and takes no responsibility and assumes no liability for any materials submitted by you or any third party.

Disclaimers

You use this website at your own risk. All information and content on this website is provided “as is” without any express or implied warranty or representation of any kind including, without limitation, any implied warranties of merchantability, fitness for a particular purchase, title or non-infringement.

In no event will SECOND CHANCE, its subsidiaries, affiliated companies or joint partners be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or any other hyperlinked website including, without limitation, any lost revenues, lost profits, loss of prospective economic advantage, business interruption, loss of programs or other data on your handling system or otherwise arising out of the use, misuse of or inability to use this website or the information, content, documents or software thereof, even if SECOND CHANCE, its subsidiaries, affiliated companies or joint partners are advised of the possibility of such damages or for any claim by a third party. Your sole and exclusive remedy is to discontinue using this website.

Without limiting the above disclaimers, Second Chance, its subsidiaries, affiliated companies and joint partners: (1) make no warranties or representations whatsoever concerning this website or any other Internet website, the access to, or the availability or use of, this website or any other Internet website, the information and content from whatever source posted on or referred to in this website or any other Internet website or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this website or any other Internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this website or any other Internet website is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this website will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Content posted on this website may describe goods and services that may not be available in certain jurisdictions. Inclusion of such content is not a representation or warranty by Second Chance that such goods and services will be available to you. Contact a Second Chance representative to ensure the availability of such goods and services in your jurisdiction.

This website may use hyperlinks as a convenience to you so that reference material, Second Chance-related subject matter and other pertinent material is easily accessible. Linked and referenced websites may not be operated, controlled or maintained by Second Chance. Hyperlinks and references to other websites, including any Second Chance-affiliated entity, do not constitute sponsorship, endorsement or approval by Second Chance of the information, content, policies or practices of such linked or referenced websites. Second Chance does not accept any responsibility for any information or content, availability, policies, practices or any use of such websites. You access, browse and use such websites at your own risk.

Second Chance has no obligation to update any information or content on this website. Accordingly, Second Chance, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the website. Any use of the information or content provided on this website is done so at your own risk.

Privacy Policy

These terms and conditions include the terms and conditions of Second Chance’s Privacy Policy, and, by using this website, you affirmatively acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of Second Chance’s Privacy Policy. All defined terms used in these terms and conditions apply equally to Second Chance’s Privacy Policy.

Claims of Copyright Infringement

If you believe that your work has been copied or displayed on the website in a way that constitutes copyright infringement, please notify Second Chance’s copyright agent. This procedure is for notifying Second Chance of copyright infringement claims only. A notification of a copyright infringement claims should include:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that is claimed to be infringed;
  • A description of where the allegedly infringing material is located on the website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use on the website is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under the penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notifications should be sent to Second Chance’s copyright agent at:

Copyright Agent
Second Chance Lifestyle, LLC
809 S. Hamilton St.
Sullivan, Illinois 61951
Phone: (855)521-5210
Email: info@razorhybridfitness.com

Miscellaneous

You warrant to Second Chance that you will not attempt to gain unauthorized access to any services offered by Second Chance or computer systems or networks connected to any Second Chance server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Second Chance. When using the website, you agree not to pretend to be someone else or to assume their identity.

You agree to defend, indemnify, save and hold harmless Second Chance, its subsidiaries, affiliated companies, joint partners, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this website, including any violation or alleged violation of the terms and conditions of this Terms of Use Agreement.

Second Chance controls its website (excluding linked sites) from its headquarters in Sullivan, Illinois, United States of America and makes no representation that any content contained in this website is appropriate or available for use in other locations. Accessing this website in locations in which the use of such content is illegal is prohibited. By accessing this website, you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this website and that if you use this website from any other location you are responsible for compliance with applicable local laws. Any claim relating to this website shall be litigated in the state or federal courts in Chicago, Illinois, and you hereby consent to the exclusive jurisdiction and venue of those courts. If any part of these terms and conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. Any waiver of any term or condition of this agreement shall be effective only if in writing signed by the duly authorized representatives of Second Chance. Any failure or delay by Second Chance in enforcing any of these terms or conditions shall not in any way affect, limit, or waive Second Chance’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this agreement. Neither your use of the website nor this agreement creates an agency, partnership, joint venture or employer-employee relationship with Second Chance. Absent a written agreement concerning the provision of goods or services by Second Chance, this agreement represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous understandings agreements, discussions, negotiations, and representations, oral or written, between the parties with respect to the subject matter hereof and can only be modified in writing signed by Second Chance.

By using this website, you further agree that you will not use this website or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these terms and conditions.

When applicable, you further agree, as a condition of using this site, to ensure that all your agents, employees and independent contractors adhere to these terms and conditions.

© 2013 Second Chance™ Lifestyle LLC, All rights reserved.