TERMS OF USE

This page states the "Terms of Use" under which you may use www.rightfittoolkit.com ("Website"). Please read this page carefully. If you do not accept the Terms of Use stated here, do not use this website and service. By using this Website, you are indicating your acceptance to be bound by the terms of these Terms of Use. The Gabriel Institute, LLC (the "Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason.

Use of Website Content.

You are authorized only to view and access a single copy of the content available on or from the Website solely for your personal, noncommercial use.

The contents of this Website, and of all other websites under the Company's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, code, software and other items constituting the Website (collectively, "Content"), are protected under both United States and foreign copyright, trademark and other laws. All Content, and all compilations of Content, are the sole and exclusive the property of the Company, and are protected by U.S. and international copyright laws. Unauthorized use of Content may violate copyright, trademark, and other laws. You may not copy, sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, or for any other purpose save the viewing of the Website as connected with the Company's domain. The use of Content on any other website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code used to generate any Content, or the pages making up the Website.

Acceptable Use of Website.

General Rules: Users may not use any company Website in order to transmit, distribute, store or destroy material, including without limitation Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are prohibited from violating or attempting to violate the security of any Company Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Company Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or instituting a "denial of service" attack against or from any Company Website or server or taking any action which imposes an unreasonable or disproportionately large load on the Company's servers or the Website; (d) using any device, software or routine to interfere or attempt to interfere with the proper working of any Company Website or any activity being conducted thereon; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or other data submission; or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Company Website. Violations of system or network security may result in civil or criminal liability. The Company will investigate and prosecute occurrences which may involve such violations to the fullest extent of applicable law.

If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third-parties or using your password for any unauthorized purpose is strictly prohibited.

Use of Information.

When you register for the Website, you may be asked to provide the Company with certain information including, without limitation, a valid email address, name, telephone number, address, and other personally identifiable information (your "Information"). In addition to the Terms of Use that may be set forth in any privacy policy on this Web Site, you understand and agree that all information submitted to the Company may be used by the Company for any lawful purpose, and any information so submitted becomes the property of Company. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. While the Company will use commercially reasonable efforts to secure your Information, under no circumstances will Company be liable for any theft or unauthorized use of such Information by third-parties, and Company specifically disclaims any liability for damages, whether direct or consequential, and whether foreseeable or not, arising out of the use of your Information by any party.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of information or communications posted by any user, or in any way endorse any opinion expressed by any user. It is the user's sole responsibility to ensure the accuracy and completeness of any Information submitted to Company.

The Company reserves the right to expel, "kick," "boot," or "ban," users and/or associated Internet Protocol addresses from accessing its Websites, and to prevent any person from access to the Website for any reason in the Company's sole discretion. Further, the Company's Website may be unavailable from time to time. Under no circumstances shall Company be liable to any person for such actions, or for the failure to any person to be able to access the Company's Website, for any reason, and Company specifically disclaims any liability for damages, whether direct or consequential, and whether foreseeable or not, arising out of the inability of any person to access the Company's Website.

By submitting content or Information to any area of any Company Website, you grant the Company and its affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Information or content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Information or content. You also warrant that the holder of any rights, including moral rights in such Information or content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any other user of the Website to access, display, view, store and reproduce such content for personal use.

Waiver of Liability.

By your usage of the Company's Websites, you agree to release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of this Website. If you are a California resident, you agree to waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

The Website Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any of the Web Site Content. The use of Company Websites is solely at your own risk.

NO WARRANTIES.

THE COMPANY DOES NOT WARRANT THAT ANY WEBSITE WILL OPERATE ERROR-FREE OR THAT ANY COMPANY WEBSITE, CONTENT, OR SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. COMPANY WEBSITES AND THE CONTENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

NO CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL THE COMPANY, ITS AGENTS, AFFILIATES, EMPLOYEES, SUPPLIERS, SUBCONTRACTORS, OR ANY THIRD-PARTIES MENTIONED ON ANY COMPANY WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY WEBISTE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

External Links.


The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third party Websites, you do so at your own risk, and use such sites subject to all applicable Terms of Use for those websites.

LIMITATION OF LIABILITY.

NOTWITHSTANDING ANYTHING HEREIN, YOU EXPRESSLY AGREE THAT THE COMPANY'S MAXIMUM DAMAGES FOR ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY COMPANY WEBSITE OR YOUR USE OF ANY WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100, UNDER ANY CIRCUMSTANCES.

Miscellaneous.


The Company makes no claims that the Website may be lawfully viewed or accessed outside of the United States. These Terms of Use are governed by the substantive laws of the Commonwealth of Pennsylvania, without respect to conflict of laws. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Philadelphia County, Pennsylvania. No changes to these Terms of Use shall be made except by a revised posting on this page.