PhysicalFitnet - Terms of Use

Acceptance. By using the Web Site, registering with the Web Site, and/or by using any Content of the Web Site you, the Web site user ("User"), agree to be bound by these Terms and by PhysicalFitnet's Privacy Policy. The Terms apply to all Users of the Web Site, including Users who copy and embed any Content (as hereinafter defined) with respect to their own third-party websites. PhysicalFitnet reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time and without notice. Please check these Terms periodically for changes. Continued use of the Web Site following the posting of changes to these Terms will mean User has read and accepts such changes. Nothing contained herein shall be deemed to confer any third-party rights or benefits.

License & Access. PhysicalFitnet grants User a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except as may be provided herein and with express written consent of PhysicalFitnet. This license does not include any resale or commercial use of this Web site or its contents; any collection and use of any classified advertisement listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PhysicalFitnet or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing PhysicalFitnet's name or trademarks without the express written consent of PhysicalFitnet. Any unauthorized use terminates the permission or license granted by PhysicalFitnet. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PhysicalFitnet [and/or a registered user's trainer web page, if applicable] so long as the link does not portray PhysicalFitnet, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PhysicalFitnet logo or other proprietary graphic or trademark as part of the link without express written permission.
Users may also register with PhysicalFitnet to create an account ("Account"). Users shall receive a password and Account upon completing the registration process. Users are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur using such password or Account. User agrees to immediately notify the Web Site Administrator of any unauthorized use of a password or Account of which User becomes aware. User agrees to never use another's account without permission. Although PhysicalFitnet will not be liable for your losses caused by any unauthorized use of your account, you may be liable to PhysicalFitnet for any losses of PhysicalFitnet or others due to such unauthorized use. PhysicalFitnet may contact you from time-to-time regarding maintenance of your account, to conduct voluntary-surveys and to inform you of changes or new features and services of the Web Site.

Restrictions on Use. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Web Site, including but not limited to those viewed and/or embedded by User on third-party websites in connection with PhysicalFitnet's VideoShare feature (collectively "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PhysicalFitnet. No Content from the Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as otherwise provided herein or with express written consent of PhysicalFitnet. Content on the Web Site is provided to you AS IS for your information and personal use only. PhysicalFitnet reserves all rights not expressly granted in and to the Web Site and Content.
User understands that when using the Web Site, and specifically PhysicalFitnet's VideoShare feature, that User will be exposed to Content from a variety of sources, and that PhysicalFitnet is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. User further understands and acknowledges that User may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and User agrees to waive, and hereby does waive, any legal or equitable rights or remedies that User may have against PhysicalFitnet with respect thereto, and agree to indemnify and hold PhysicalFitnet, its owners/operators, affiliates, and/or licensors harmless to the full extent allowed by law regarding all matters related to User's use of the Web Site.
In addition, Users shall not commit any of the following acts through their use of this Web Site:

transmit any Content that is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
use foul language or post links to adult-oriented Web sites;
transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unrequested solicitation;
post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including "blind" or "hidden" referral links; or
collect, store, use or disseminate personal data or information about other Users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).

PhysicalFitnet reserves the right to discontinue any aspect of the Web Site at any time.
User agrees not to use the Web Site, including any embeddable player relating to PhysicalFitnet's VideoShare feature, for any commercial use, without the prior written authorization of PhysicalFitnet. Prohibited commercial uses include any of the following actions taken without PhysicalFitynet's authorized approval: (i) sale of access to the Web Site or its related services (including any embeddable player relating to VideoShare) on another website; (ii) any use of the Web Site or its related services (including any embeddable player related to VideoShare) that PhysicalFitnet finds, in its sole and absolute discretion, designed or intended to use PhysicalFitnet resources or Content with the effect of competing with or displacing the market for PhysicalFitnet. Prohibited commercial uses do not include: (i) uploading or embedding Content from the Web Site, including but not limited to the VideoShare features, to promote User's business; (ii) using the embeddable player relating to VideoShare to show Content on an ad-enabled blog or website, provided the primary purpose of using the embeddable player is not to gain advertising revenue or compete with PhysicalFitnet; and (iii) any use that PhysicalFitnet authorizes in writing. If User uses the embeddable player relating to VideoShare on User's website, User must include a prominent link back to the PhysicalFitnet Web Site on the pages containing such embeddable player and User may not modify, build upon, or block any portion of the embeddable player in any way.
PhysicalFitnet reserves the right to decide whether Content is appropriate and complies with these Terms for violations of copyright infringement and violations other than copyright infringement, including but not limited to pornography, obscene or defamatory material, or excessive length. PhysicalFitnet may remove such Content and/or terminate a User's access for transmitting such Content in violation of the Terms at any time, without prior notice, in its sole and absolute discretion.

Violations. In addition to any and all remedies at law or in equity, any intentional violation of the Terms shall give PhysicalFitnet the right to immediately suspend or cancel Services or Accounts without further liability.
PhysicalFitnet reserves the right to decide whether Content is appropriate and complies with these Terms for violations of copyright infringement and violations other than copyright infringement, including but not limited to pornography, obscene or defamatory material, or excessive length. PhysicalFitnet may remove such Content and/or terminate a User's access for transmitting such Content in violation of the Terms at any time, without prior notice, in its sole and absolute discretion.

Fees. Using this Web site and the VideoShare feature is currently free. PhysicalFitnet may in the future charge a fee for creating listings. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen (14) days advance notice by posting the changes on this Web Site. We may choose to temporarily change the fees for our services for promotional events (for example, free days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Web Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. User is responsible for paying all fees and applicable taxes associated with User's use of the Web site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)

Forums and Other Public Communication. "Forum" shall mean, as applicable, a Content posting, discussion group, chat area, bulletin board, VideoShare feature, or e-mail function utilized by User and offered as part of the Web Site. User shall not upload to, distribute through, or otherwise publish through a Forum any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. User shall not, without PhysicalFitnet's express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. User specifically acknowledges that soliciting other guests of the Web Site to for any commercial product or service or other organizations is expressly prohibited. This prohibition shall not apply to promotional or advertising content provided by merchants with Accounts.
By transmitting Content to any Forum, User automatically grants (or warrants that the owner of such rights has expressly granted) PhysicalFitnet a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in the Content has been waived.
User shall be solely responsible for any of User's own transmitted Content and the consequences of posting or publishing User's Content. In connection with User's Content, User affirms, represents and/or warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize PhysicalFitnet to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any of User's Content to enable inclusion and use User's Content in the manner contemplated by the Web Site and the Terms.
PhysicalFitnet does not endorse any Content or any opinion, recommendation or advice expressed therein, and PhysicalFitnet expressly disclaims any and all liability in connection with the Content. PhysicalFitnet does not permit copyright infringing activities and the infringement of intellectual property on the Web Site and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. PhysicalFitnet reserves the right to remove Content without prior notice.

Privacy. It is the policy of PhysicalFitnet to respect the privacy of all Web Site users. Therefore, in addition to the privacy of registration data, PhysicalFitnet shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of the Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on PhysicalFitnet; (2) protect and defend the rights or property of PhysicalFitnet; or (3) act in an emergency to protect the personal safety of our users or the public. Users shall remain solely responsible for the content of their messages. PhysicalFitnet's Privacy Statement can be found ">here.

Indemnity. User shall indemnify and hold PhysicalFitnet harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys' fees arising from or related in any way to: a) Content placed on the Web Site by User; b) any claim which, if proved, would breach any representation of User; c) User's use of any Content; and d) any and all Third Party Claims arising out of any Content transmitted through this Web Site by User or arising out of any Content used by User.

Termination. These Terms are effective as of the first date materials from the Web Site are accessed by User (the "Effective Date") and shall continue in effect until terminated by either party. User may terminate the agreement formed by these Terms at any time by destroying all materials obtained from the Web Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. PhysicalFitnet may immediately terminate a User's Account or access to the Web Site if, in PhysicalFitnet's sole discretion, User fails to comply with any term or provision of these Terms. Upon termination, User's access and account shall be terminated and User shall destroy all materials obtained from the Web Site and all copies thereof, whether made under the terms of these Terms or otherwise.
PhysicalFitnet may, at its sole discretion, and at any time, discontinue providing the Web Site, or any part thereof, with or without notice. User agrees that any termination of its access to the Web Site under any provision of these Terms may be effected without prior notice. Further, User agrees that PhysicalFitnet shall not be liable to User or to any third party for any termination of User's access to this Web Site.

Jurisdiction. Unless otherwise specified, the materials in this Web Site are presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The Web Site is controlled and operated by PhysicalFitnet from its offices within the State of New York, United States of America. PhysicalFitnet makes no representation that materials in this Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimer. THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PHYSICALFITNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PHYSICALFITNET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR ANY OTHER PHYSICALFITNET WEB SITE OR THE SERVER(S) THAT MAKES THE PHYSICALFITNET WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHYSICALFITNET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL PHYSICALFITNET BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT IN THIS WEB SITE OR ANY CONTENT FROM THIS WEBSITE EMBEDDED INTO ANY THIRD-PARTY WEB SITES, EVEN IF PHYSICALFITNET OR A PHYSICALFITNET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PHYSICALFITNET'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THIS WEB SITE.

Release. USER AGREES TO ASSUME ALL RISKS (INCLUDING, WITHOUT LIMITATION, INJURY OR LOSS TO PERSON OR PROPERTY) INCIDENTAL TO CONTACTING A TRAINER WHOSE INFORMATION IS AVAILABLE ON THE WEB SITE. USER FURTHER AGREES TO RELEASE AND FOREVER DISCHARGE PHYSICALFITNET, ITS DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY NATURE WHATSOEVER, WHETHER IN LAW OR EQUITY, KNOWN OR UNKNOWN, THAT USER EVER HAD, NOW HAS OR HEREAFTER CAN, SHALL OR MAY HAVE AGAINST PHYSICALFITNET, ITS DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES ARISING OUT OF OR IN ANY WAY RELATED, DIRECTLY OR INDIRECTLY, TO CONTACTING A TRAINER WHOSE INFORMATION IS AVAILABLE ON THE WEB SITE. FURTHERMORE, USER UNDERSTANDS THAT THERE IS RISK OF INJURY ASSOCIATED WITH PARTICIPATING IN ANY EXERCISE PROGRAM OR SPORTS ACTIVITY. USER AGREES TO ASSUME COMPLETE RESPONSIBILITY FOR ANY AND ALL DAMAGES, INJURIES AND LOSSES TO USER WHILE PERFORMING ANY EXERCISES DESCRIBED OR DEMONSTRATED ON THE WEB SITE OR WHILE FOLLOWING ADVICE OR OPINIONS EXPRESSED IN INTERVIEWS CONTAINED ON THE WEB SITE. USER UNDERSTANDS THAT OPINIONS AND ADVICE EXPRESSED BY INDIVIDUALS ON THE WEB SITE ARE NOT NECESSARILY THE OPINIONS OR ADVICE OF PHYSICALFITNET.

Links to Outside Web Sites and Services. To the extent that this Web Site contains links to outside services and resources, PhysicalFitnet does not control the availability and content of those outside services and resources. PhysicalFitnet assumes no responsibility for the content, privacy policies or practices of any third-party websites. In addition, PhysicalFitnet will not censor or edit the content of any third-party website. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource, and User hereby expressly relieves PhysicalFitnet from any and all liability arising from User's use of any third-party website. Accordingly, we encourage User to be aware when User leaves the Web Site and to read the terms and conditions and privacy policy of any other website User visits.

Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide PhysicalFitnet's Copyright Agent the following information pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Company's Agent for Notice of claims of copyright or other intellectual property infringement:

Copyright Agent
Scott Levine
AEGIS Professional Services
#2 North Meramec
Clayton, MO 63105
By phone: 314-454-9100

Ability to Accept Terms. User affirms that user is either more than 18 years of age, an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, User affirms that User is over the age of 13, as the Web Site is not intended for children under 13.

Miscellaneous. These Terms shall be governed by and construed in accordance with the laws of the State of New York. User agrees that any action at law or in equity arising out of or relating to these terms shall be litigated only in the state or federal courts located in the State of New York and User hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any rights and licenses hereunder may not be transferred or assigned by User, but may be assigned by PhysicalFitnet without restriction.

PhysicalFitnet Terms of Use