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TERMS AND CONDITIONS

ATTENTION: These terms and conditions (“Conditions”) apply to the entire contents of this website under the domain name www.fitbrains.com (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you purchase any software from us. If you do not accept these terms, do not use this Website. This Website and all of its content, including but not limited to, all text and images are owned and copyrighted by Rosetta Stone Canada Inc. and/or its affiliates including Rosetta Stone Ltd. (“Rosetta Stone”). When purchasing from this website, you are making a transaction with Rosetta Stone Canada Inc.

1. INTRODUCTION

You may access all areas of this Website without registering your details with us.

By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

Rosetta Stone reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Website with or without notice; limit the Website’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any service, software, content, submission, feature or product offered through the Website. Your continued use of the Site after such changes will indicate your acceptance of such changes. You should check this Website from time to time to review the then current legal notice. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. LICENSE AND CONDITIONS

Rosetta Stone grants you a limited license to access and make use of the Website. As a condition of such license, you agree:

  • not to download or modify any part of the Website, except with the express and prior written consent of Rosetta Stone;
  • not to download or copy any account information for the benefit of another merchant;
  • not to collect or make any use of any product listings, descriptions, or prices;
  • not to resell or make any commercial use of this Website or its contents;
  • not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of Rosetta Stone;
  • not to make any derivative use of this Website or its contents;
  • not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rosetta Stone and its group companies without express written consent of Rosetta Stone;
  • not to use any meta tags or any other “hidden text” utilizing the Rosetta Stone name or trademarks without the express written consent of Rosetta Stone; and
  • not reproduce or store any part of this Website in any other website or include any part of this Website in any public or private electronic retrieval system or service without prior written permission from Rosetta Stone.

The copyright and other intellectual property rights in all material on this Website (including without limitation text, photographs and graphics) are owned by Rosetta Stone or its licensors. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates. You are also advised that Rosetta Stone will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

All trademarks of Rosetta Stone indicated on the Website are trademarks of Rosetta Stone or its group companies in the United States and other countries. Without the prior consent of Rosetta Stone, you agree not to display or use in any manner the Rosetta Stone trademarks.

Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS

While Rosetta Stone attempts to ensure that this Website is normally available 24 hours a day, Rosetta Stone shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of Rosetta Stone.

4. VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Rosetta Stone shall have no obligations with respect to such material. Rosetta Stone and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any material:

  • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  • for which you have not obtained all necessary licenses and/or approvals; or
  • which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data).

Rosetta Stone shall fully co-operate with any law enforcement authorities or court order requesting or directing Rosetta Stone to disclose the identity or locate anyone posting any material in breach of paragraph 4(b) or paragraph 4(c).

5. LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Rosetta Stone has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Rosetta Stone therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of the Rosetta Stone logo;
  • you do not create a frame or any other browser or border environment around this Website;
  • you do not in any way imply that Rosetta Stone is endorsing any products or services other than its own;
  • you do not misrepresent your relationship with Rosetta Stone nor present any other false information about Rosetta Stone;
  • you do not otherwise use any Rosetta Stone trademarks displayed on this Website without express written permission from Rosetta Stone;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  • Rosetta Stone expressly reserves the right to revoke the license granted in Section 2 for breach of these terms and to take any action it deems appropriate.

You shall fully indemnify Rosetta Stone for any loss or damage suffered by Rosetta Stone or any of its group companies for breach of paragraph 5(b).

6. DISCLAIMER

While Rosetta Stone attempts to ensure that the information on this Website is correct, Rosetta Stone does not warrant the accuracy and completeness of the material on this Website. Rosetta Stone may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and Rosetta Stone makes no commitment to update such material.

The material on this Website is provided “as is” and “as available” basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Rosetta Stone provides you with this Website on the basis that Rosetta Stone excludes all representations, warranties (either express or implied), conditions and other terms (including, without limitation, the mplied warranties of merchantability, fitness for a particular purpose, non-infringement and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

7. LIABILITY

Rosetta Stone, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Rosetta Stone affiliated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8. GENERAL

  • Governing Law and Jurisdiction. This legal notice shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable thereto. Any dispute arising out of or connected with this legal notice shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario or the Federal Court of Canada sitting in that province.
  • Entire Agreement. The Conditions constitute the entire agreement between you and Rosetta Stone and govern your use of the Website, superseding any prior agreements between you and Rosetta Stone with respect to the Website. You will be subject to additional terms and conditions that will apply when you use or purchase Rosetta Stone services and products.
  • Waiver and Severability of Terms. The failure of Rosetta Stone to exercise or enforce any right or provision of the Conditions shall not constitute a waiver of such right or provision. If any provision of the Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions remain in full force and effect.
  • Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

It is the express wish of the parties that this agreement, as well as all correspondance and documents relating to this agreement, be written in English. The following is a French translation of the preceding sentence: Il est de la volonté expresse des parties que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise.

Issue Date: December 9, 2014