Workouts
OWNERSHIP OF SITE: AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the "Terms of Use") apply to the Needak.com web site located at www.needak.com (the "Site"). The Site is the property of Needak.com and its creators. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Needak.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Needak.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, articles, blogs, reviews, customer reviews, product descriptions and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned by Needak.com and its creators, and is protected by trade dress, copyright, and trademark laws. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Needak.com's express prior written consent.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Needak.com Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Needak.com immediately of any unauthorized use of your account or any other breach of security. Needak.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Needak.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor or reproduce any portion of the Site or any Content. You may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, visitor to the Site, or customer of Needak.com. You may not exploit the Site information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Needak.com on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Needak.com or others.
TERMINATION/ACCESS RESTRICTION
Needak.com reserves the right, in its sole discretion, to terminate your access to any or all Needak.com Sites/Services and the related services or any portion thereof at any time, without notice. Needak.com may also terminate or suspend your access to Needak.com Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Needak.com. The amount of time that Needak.com currently considers as an 'extended' period of time may be provided upon request. Upon termination of the Needak.com Site/Service, your right to use the Needak.com Site/Service immediately ceases.
LINKS TO THIRD PARTY SITES
The Needak.com Sites/Services may contain links to third party Web sites ('Linked Sites'). The Linked Sites are not under the control of Needak.com and Needak.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Needak.com is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Needak.com responsible if the Linked Site is not working appropriately. Needak.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Needak.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Needak.com Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Needak.com shall not be responsible or liable for any part of any such dealings or promotions.
ADVERTISING:
Any advertising such as promotions and coupons displayed by Needak.com is subject to change at any time at Needak.com's discretion.
PRIVACY
Needak.com's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Needak.com's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
COPYRIGHT
Needak.com's Copyright Information applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Needak.com's Copyright Information, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
TRADEMARKS
Products referenced herein are either trademarks or registered trademarks of their respective owners. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
PURCHASED GOODS
By using the Site you agree and understand that all rebounders, DVD's, Books, rebounder replacement parts, rebounder accessories, water bottles (collectively "Purchasable Goods") sold on the Site are not manufactured, engineered, designed, or created by Needak.com and its creators. By using the site and/or purchasing Purchasable Goods from the Site, you take sole and complete responsibility of your use of the Purchasable Goods. By using the site and/or purchasing Purchasable Goods from the Site you agree to not hold Needak.com and its creators, owners, officers, directors, managers, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates responsible for any damages and injury, physical or otherwise, incurred from use of the Purchasable Goods. By using the site and/or purchasing Purchasable Goods from the Site, you agree to indemnify and hold Needak.com and its creators, officers, directors, managers, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Needak.com by you or any third party due to or arising out of or in connection with your use of the Site.
SPAM
You may not utilize Needak.com for the purpose of promotion of any products or services unless pre-authorized by Needak.com. You may be legally liable for any attempts to utilize Needak.com to promote any product, website, business or other endeavor in any way that is not pre-authorized by Needak.com.
REVIEWS, BLOGS, COMMENTS
Needak.com makes no claims of accuracy for any of the information made available via blogs, comments or reviews. By using the site you agree to hold Needak.com harmless and indemnify it and it's creators, owners, directors, officers and shareholders harmless from any damages to you or any 3rd parties, indirect or otherwise, arising from your use of the reviews, blogs and comments sections. By providing information in any of these sections, you agree that you are doing so in good faith, and not in an attempt to circumvent any law or to promote illegal activity, advertising, or otherwise non-permitted activity as defined in this document.
INDEMNITY
You agree to indemnify and hold Needak.com, its creators, owners, officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Needak.com by any third party due to or arising out of or in connection with your use of the Site, including but not limited to the purchase of products.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Needak.com SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Needak.com SITES/SERVICES AND TO THE INFORMATION THEREIN. Needak.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Needak.com SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE Needak.com SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Needak.com CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Needak.com SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. Needak.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT Needak.com SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN Needak.com SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Needak.com IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Needak.com IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Needak.com SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL Needak.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Needak.com SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE Needak.com SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Needak.com SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Needak.com SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Needak.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Needak.com SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Needak.com SITES/SERVICES.
Except where prohibited by law, in no event will Needak.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Needak.com has been informed of the possibility of such damages.
These Terms and Conditions of Use (the "Terms of Use") apply to the Needak.com web site located at www.needak.com (the "Site"). The Site is the property of Needak.com and its creators. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Needak.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Needak.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, articles, blogs, reviews, customer reviews, product descriptions and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned by Needak.com and its creators, and is protected by trade dress, copyright, and trademark laws. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Needak.com's express prior written consent.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Needak.com Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Needak.com immediately of any unauthorized use of your account or any other breach of security. Needak.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Needak.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor or reproduce any portion of the Site or any Content. You may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, visitor to the Site, or customer of Needak.com. You may not exploit the Site information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Needak.com on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Needak.com or others.
TERMINATION/ACCESS RESTRICTION
Needak.com reserves the right, in its sole discretion, to terminate your access to any or all Needak.com Sites/Services and the related services or any portion thereof at any time, without notice. Needak.com may also terminate or suspend your access to Needak.com Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Needak.com. The amount of time that Needak.com currently considers as an 'extended' period of time may be provided upon request. Upon termination of the Needak.com Site/Service, your right to use the Needak.com Site/Service immediately ceases.
LINKS TO THIRD PARTY SITES
The Needak.com Sites/Services may contain links to third party Web sites ('Linked Sites'). The Linked Sites are not under the control of Needak.com and Needak.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Needak.com is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Needak.com responsible if the Linked Site is not working appropriately. Needak.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Needak.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Needak.com Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Needak.com shall not be responsible or liable for any part of any such dealings or promotions.
ADVERTISING:
Any advertising such as promotions and coupons displayed by Needak.com is subject to change at any time at Needak.com's discretion.
PRIVACY
Needak.com's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Needak.com's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
COPYRIGHT
Needak.com's Copyright Information applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Needak.com's Copyright Information, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
TRADEMARKS
Products referenced herein are either trademarks or registered trademarks of their respective owners. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
PURCHASED GOODS
By using the Site you agree and understand that all rebounders, DVD's, Books, rebounder replacement parts, rebounder accessories, water bottles (collectively "Purchasable Goods") sold on the Site are not manufactured, engineered, designed, or created by Needak.com and its creators. By using the site and/or purchasing Purchasable Goods from the Site, you take sole and complete responsibility of your use of the Purchasable Goods. By using the site and/or purchasing Purchasable Goods from the Site you agree to not hold Needak.com and its creators, owners, officers, directors, managers, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates responsible for any damages and injury, physical or otherwise, incurred from use of the Purchasable Goods. By using the site and/or purchasing Purchasable Goods from the Site, you agree to indemnify and hold Needak.com and its creators, officers, directors, managers, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Needak.com by you or any third party due to or arising out of or in connection with your use of the Site.
SPAM
You may not utilize Needak.com for the purpose of promotion of any products or services unless pre-authorized by Needak.com. You may be legally liable for any attempts to utilize Needak.com to promote any product, website, business or other endeavor in any way that is not pre-authorized by Needak.com.
REVIEWS, BLOGS, COMMENTS
Needak.com makes no claims of accuracy for any of the information made available via blogs, comments or reviews. By using the site you agree to hold Needak.com harmless and indemnify it and it's creators, owners, directors, officers and shareholders harmless from any damages to you or any 3rd parties, indirect or otherwise, arising from your use of the reviews, blogs and comments sections. By providing information in any of these sections, you agree that you are doing so in good faith, and not in an attempt to circumvent any law or to promote illegal activity, advertising, or otherwise non-permitted activity as defined in this document.
INDEMNITY
You agree to indemnify and hold Needak.com, its creators, owners, officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Needak.com by any third party due to or arising out of or in connection with your use of the Site, including but not limited to the purchase of products.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Needak.com SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Needak.com SITES/SERVICES AND TO THE INFORMATION THEREIN. Needak.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Needak.com SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE Needak.com SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Needak.com CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Needak.com SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. Needak.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT Needak.com SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN Needak.com SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Needak.com IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Needak.com IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Needak.com SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL Needak.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Needak.com SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE Needak.com SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Needak.com SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Needak.com SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Needak.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Needak.com SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Needak.com SITES/SERVICES.
Except where prohibited by law, in no event will Needak.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Needak.com has been informed of the possibility of such damages.
