Medical Warning: Before you begin any exercise program, consult your physician about participating in an exercise program. Not all exercises are suitable for everyone. If you feel discomfort or pain, do not continue. The instructions and advice presented are in no way intended as a substitute for medical counseling.
The terms and conditions of use set forth herein ("Terms") applies to the Internet Web site located at http://www.Fitnet360.com (the "Web Site") which is owned, operated and controlled by Physical Fitnet LLC ("Physical Fitnet").
WAIVER AND RELEASE OF LIABILITY
By registering with the Web Site, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless Physical Fitnet, its officers, directors, employees, agents, consultants, information providers or suppliers from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the Web Site. You agree that neither Physical Fitnet, or its officers, directors, shareholders and employees, shall have any liability to you under any theory of liability or indemnity in connection with your use of the Web Site.
You hereby release and forever waive any and all claims you may have against Physical Fitnet, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of the Web Site. The total liability of Physical Fitnet, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of the Web Site are hereby excluded even if Physical Fitnet or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages.
Your use of the Web Site is at your sole risk. The Web Site is provided on an “as is" and “as available" basis without any warranty or condition, express, implied or statutory.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PROVIDED “AS IS" AND “AS AVAILABLE." IN PARTICULAR, PHYSICAL FITNET DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE WEB SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE WEB SITE WILL BE UN-INTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEB SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHYSICAL FITNET OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
PHYSICAL FITNET FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHYSICAL FITNET SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF:(A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(B) MAKE CHANGES WHICH PHYSICAL FITNET MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(D) YOUR FAILURE TO PROVIDE PHYSICAL FITNET WITH ACCURATE INFORMATION; AND
(E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
The Services may include hyperlinks to other web sites or content or resources. Physical Fitnet may have no control over any web sites or resources which are provided by companies or persons other than Physical Fitnet. You acknowledge and agree that Physical Fitnet is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Physical Fitnet is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Physical Fitnet on the Services are subject to change without specific notice to you. In consideration for Physical Fitnet granting you access to and use of the Services, you agree that Physical Fitnet may place such advertising on the Services.
These Terms of Service, and your relationship with Physical Fitnet under these Terms of Service, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions.
You must be either 12 years of age or older to use this Service, or an emancipated minor or possess legal parental or guardian consent. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to the Web Site will always be accurate, correct and up to date. You are responsible for keeping your password secure. Physical Fitnet LLC cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.
You are responsible for all activity and content that is uploaded or created under your Fitnet360 account. A breach or violation of any of the Account Terms as determined in the sole discretion of Physical Fitnet LLC will result in an immediate termination of your services. You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Web Site, unless you have been specifically allowed to do so in a separate agreement with Physical Fitnet. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Physical Fitnet for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Physical Fitnet immediately at firstname.lastname@example.org. You acknowledge and agree that if Physical Fitnet disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Physical Fitnet. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Physical Fitnet employee, member, or officer will result in immediate account termination. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
PAYMENT TERMS AND CANCELLATIONS
You agree to pay any fees due for and incurred by your use of any Services that require payment (“Paid Services"). If you choose to use Paid Services, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available on the Web Site) (“Payment Method"). You agree to pay all fees and other charges incurred in connection with your Account. Physical Fitnet will administer and apply payments you transmit for Paid Services via the online billing mechanisms in a timely and commercially reasonable manner. Further, Physical Fitnet reserves the right to terminate your access to a Paid Service on account of your nonpayment of associated charges.
If you want to discontinue a Paid Service, then you must cancel that Paid Service per applicable cancellation procedures. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided by Physical Fitnet upon cancellation.
You may elect to pay for Paid Services’ fees on a monthly, semi-annual or annual basis. All such fees are payable in advance. Paid Services’ fees will be billed automatically to the Payment Method at the start of the quarterly or annual period, as applicable, and will auto-renew until your Paid Services are terminated. The renewal fees will be the same as the initial fees unless you are otherwise notified in advance. You authorize Physical Fitnet to charge your Payment Method for the appropriate fees. Physical Fitnet reserves the right to increase fees or to institute new fees at any time upon reasonable notice posted in advance on the Web Site.
ALL PURCHASES ARE FINAL AND NO REFUND OR EXCHANGES WILL BE GIVEN FOR UNUSED PORTIONS OF PAID SERVICES.
If you have a question about a transaction on your credit card statement, please contact us via email at email@example.com.
The Web Site and material provided thereon are for general informational purposes only – Physical Fitnet is not a health care practitioner and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. The Web Site is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Members are responsible for their own health, diet research and decisions; therefore Physical Fitnet requires that you consult with your physician or health care practitioner before making any personal health decisions, or following any training instructions you receive through the Web Site. By registering for the Web Site, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided on the Web Site. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.
Physical Fitnet is not responsible for any health problems that may result from workout programs or any content or services from the Web Site. If you engage in any exercise program you receive through the Web Site, you agree that you do so at your own risk and are voluntarily participating in these activities.
Physical Fitnet tries to provide only the most helpful and accurate information. Physical Fitnet is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Web Site, or for any health problems that may result from workout programs and any content from the Web Site.
THE FITNESS AND RELATED INFORMATION PROVIDED BY THE WEB SITE IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. PHYSICAL FITNET IS NOT A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE BEGINNING ANY FITNESS EFFORT OR PROGRAM. DO NOT START A FITNESS PROGRAM WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT.
In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true :
(i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
(ii) you have never felt chest pain when engaging in physical activity;
(iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month;
(iv) you have never lost your balance because of dizziness and you have never lost consciousness;
(v) you do not have a bone or joint problem that could be made worse by a change in your physical activity;
(vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
(viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Web Site.
And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of the Web Site.
Physical Fitnet reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
You are advised that health and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
You acknowledge and agree that Physical Fitnet owns all legal right, title and interest in and to the Web Site content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Physical Fitnet, nothing in these Terms of Service gives you the right to use any of Physical Fitnet trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Physical Fitnet, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Physical Fitnet gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the Web Site. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Physical Fitnet, in the manner permitted by these Terms of Service.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Web Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by Physical Fitnet in writing.
Unless Physical Fitnet has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Web Site, grant a security interest in or over your rights to use the Web Site, or otherwise transfer any part of your rights to use the Web Site.