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Terms of Service

Terms of Service
Elysian Marketing, Inc. (Last Updated: June 25, 2018)

Welcome to the Elysian Marketing, Inc. (“EMI”) family of websites, which are located at www.RustyAngler.com, www.FitOffers.com, [URL] and [URL] (collective the “Websites”, each individually a “Site”). The following terms and conditions (together with any documents referred to in them) (collectively, the “Terms of Service”) apply to your use of the Websites, including any content, functionality and services offered on or through the Websites, whether as a guest or a registered user, or through mobile or desktop application versions of the Websites. Please read these Terms of Service carefully before using any of the Websites. Additionally, please review our PRIVACY POLICY to understand our practices. Your access, visitation and/or use of any of the Websites, including without limitation, any registration on any aspect of any Site, will constitute your agreement to these Terms of Service and associated Privacy Policy. If you do not wish to be bound by these Terms of Service, the Privacy Policy, and any and all other policies, you may not access, visit, and/or use any Site or the Websites.

The Terms of Service and Privacy Policy, as well as any other policies, terms, or disclosures, may be modified from time to time; the date of the most recent revisions will appear on the first page of the document, so check back often. Continued access of the Site by you will constitute your acceptance of any changes or revisions to the Terms of Service, the Privacy Policy, as well as any other policies, terms, or disclosures that have been updated. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Site, whether listed in these Terms of Service or any other policies, terms, or disclosures, posted on this Site or otherwise communicated to users of the Websites (collectively, the “Agreement”), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Websites or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Websites. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement. In the event of any conflict or inconsistency between the terms and conditions of these Terms of Service and Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points on the Websites or otherwise communicated to users of the Site, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination. Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through the Websites, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.

The site is intended only for users 18 years of age or older. While some of the information provided on the Websites may appeal to children, the Websites are not targeted at children under the age of 13, and they are not permitted to use the Websites. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

To access any of the Websites or some of the resources offered you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify the Site of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, access, or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service.

The content on the Websites is for information purposes only and you agree that your use of and browsing in the Websites is at your risk.

EMI has taken reasonable efforts to ensure that the information contained in the Websites is accurate. EMI HEREBY DISCLAIMS ALL WARRANTIES. EMI IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EMI DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

THE WEBSITES DO NOT PROVIDE ANY MEDICAL ADVICE. Information on any of our Websites is provided for informational purposes only and is not intended as a substitute for the advice of a physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on the Websites for diagnosing or treating any health problem or disease, selecting any medication or other treatment, or undertaking a personalized fitness program. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem or concern. You should carefully read all product packaging and instructions for any products or services you purchase through our Websites. If you have or suspect that you have a medical problem, you should immediately contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on the Websites. Information provided on the Websites and the use of any products or services purchased through the Websites by you DOES NOT create a doctor-patient relationship between you and any physician. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

The Websites may contain interactive features that allow you to post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials (collectively, “User Contributions”) on or through the Websites. Any User Contribution you post to the Websites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the Site the license granted in this paragraph. You represent and warrant that all of your User Contributions do and will comply with these Terms of Service, and you agree to defend, indemnify and hold harmless EMI, its affiliates, officers, directors, employees, vendors, suppliers, and associated third parties from any breach of this representation and warranty. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not EMI, have full responsibility for the legality, reliability, accuracy, and appropriateness of such content. Any content and/or opinions submitted to the Websites, and all articles and responses to questions and other content, other than the content provided by the Site are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of EMI. EMI is not responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Websites. We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of EMI or a third party, threatens the personal safety of users of the Websites or the public or could create liability for EMI;
Disclose your identity to law enforcement, government regulators, court of competent jurisdiction, and any other third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites;
Terminate your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, EMI has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS EMI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EMI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GUNWINNER.COM OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
Any threat or suggestion to commit suicide will be reported to the proper authorities and the posting will be removed. If you are in need of someone to talk with, please call the National Suicide Prevention Lifeline: 1-800-273-8255. If you are in immediate danger, please call 911.

The Site assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

All right, title and interest in the Websites and any EMI-created content contained herein is the exclusive property of EMI, unless otherwise stated. The trademarks, logos, and service marks displayed on the Websites (collectively the “Trademarks”) are the trademarks of EMI or their respective third-party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using the trademarks for any purpose without the written permission of EMI or the appropriate trademark owner. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by EMI or by any third party.

The Websites may contain links to other websites operated by third parties. Such links are provided for your convenience only. EMI has no control over, and no liability for, any third party websites or materials. EMI works with a number of partners and affiliates whose internet sites may be linked with the Site. Because neither EMI nor the Site has control over the content and performance of these partner and affiliate sites, EMI makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and EMI assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that EMI makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Service shall govern your use of any and all third party content.

By entering sweepstakes and/or contests on any EMI Websites you agree to subscribe to the EMI email lists indicated. See the Official Rules of the Site and the specific promotion for full details.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the Websites or content be liable for any indirect, incidental, PUNITIVE, special or consequential damages, INCLUDING ANY loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), including without limitation any damages that result from: (i) any delay, failure, interruption or corruption of the Websites or any data or information transmitted in connection with the use of this Websites; (ii) personal injury or death caused by use or misuse of the Websites; (iii) the cost of procurement of substitute goods and services; (iv) unauthorized access to or alteration of the Websites or your account, including without limitation your transmissions or data; (v) statements or conduct of any third party; or (vi) any other matter relating to the Websites. You hereby acknowledge that this paragraph shall apply to all content, products, and services available through the Websites. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF THE PRICE YOU PAID US FOR THE GOODS OR SERVICES THAT ARE THE SUBJECT OF YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. Some states, such as New Jersey, do not allow the exclusion or limitation of certain liabilities, and in such states the foregoing may not apply to you.

EMI imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site or the services provided on the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or any aspect of the services provided on the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site, or any service provided on the Site, to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site or the services provided thereon; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by EMI in providing the Site or the services provided. Any violation of system or network security may subject you to civil and/or criminal liability.

You agree to indemnify EMI for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless EMI, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. EMI will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by EMI or by any third party.

UNITED STATES USE ONLY. The Site is controlled and operated by EMI from its offices in the State of Arizona. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. EMI makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as EMI’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Arizona and the United States. By accessing the Websites, you agree that the laws of the State of Arizona, without regard to the conflict of laws and principles thereof, will apply to all matters relating to the use of the Websites. You also submit to the personal jurisdiction of Arizona and the venue of the state and federal Courts of Arizona.

We may assign these Terms of Service and any and all other policies, terms, rules, or disclosures, including your Content and personal information, in the event of any merger, acquisition, change in control or other similar transaction involving us or any of our affiliates.

If you have any questions or comments about us or these Terms of Service, you may contact us through our contact form or by calling customer service at (800) 459-0519.

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