TERMS OF USE AGREEMENT BETWEEN USER AND
WORKOUTS FOR YOU
TERMS OF USE
Please read this agreement ("Agreement") carefully before accessing or using the
Workouts For You Web sites at www.workoutsforyou.com and its affiliated sites (the "Sites"). By accessing
or using the Sites, You agree to be bound by this Agreement. Ridge Point
Ventures, Inc. d/b/a Workouts For You ("Workouts For You" or "We") provides the
information and services on these Sites to you, the user, conditioned on your
acceptance without modification of the terms, conditions and notices contained
herein. Your use of the Sites constitutes your agreement to all such terms,
conditions and notices. These Terms and Conditions of use apply to information
you have received on the Sites in the past.
The information and services offered on the Sites are provided with the
understanding that neither Workouts For You nor its representatives are engaged
in rendering legal services or other such advice. Your use of the Sites is
subject to the additional disclaimers and notices that may appear throughout the
Sites and to the terms and conditions of the Workouts For You Limitation of
Liability Agreement (Individual) discussed below.
Workouts For You and its representatives assume no responsibility for any
consequence relating directly or indirectly to any action or inaction that you
take based on the information, services or other material on these Sites. While
Workouts For You strives to keep the information on these Sites accurate, complete
and up-to-date, Workouts For You and its representatives cannot guarantee, and
will not be responsible for any damage or loss related to, the accuracy,
completeness or timeliness of the information.
These Sites and the information and services we provide may not be used by
children under the age of 13.
Workouts For You may decline to provide you services in our sole discretion.
PRIVACY POLICY
At Workouts For You (“Workouts For You” or "We"), user privacy is an important
concern. We are committed privacy and security, and to providing the best
possible user experience for our users and online customers ("You"). We also
strive to protect the personal and confidential information of those who use our
on-line services. Click here for our entire Privacy
Policy. This policy may be updated by us from time to time, so please check here
frequently.
LIABILITY RELEASE AGREEMENT
The services provided by Workouts For You may involve certain risks to
participants. Click here to read our Liability
Release Agreement. You hereby agree to all terms, conditions and notices
contained in that agreement.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
We may provide online personal training services (the "Services"). Workouts For
You grants You access to the Sites during the term of this agreement solely to
receive the Services and related information on the Sites. You may access,
download print, copy and distribute and modify materials as necessary to receive
the Services. You may not license, create derivative works from, frame in
another Web page, use on any other Web Site, or sell any information, databases
or lists obtained from the Sites. When requested, you agree to provide true,
accurate and complete user information. You shall not access or attempt to
access password protected, secure or non-public areas of the Web Sites without
our prior written permission You will comply with all privacy laws. You may not
engage in the practices of screen scraping, data mining or any other bulk
information gathering in connection with the Web Sites.
PROPRIETARY RIGHTS
All materials on these Sites (as well as the organization and layout of the
Sites) are owned and copyrighted, licensed by, or used with permission that is
granted to Workouts For You. No reproduction, distribution, or transmission of
the copyrighted materials at these Sites is permitted without the prior written
permission of Workouts For You.
YOUR ACCOUNT
If you use these Sites, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. If your status as a user of the Sites is terminated, you will (i)
immediately notify Workouts For You, (ii) cease using the Sites and any
information obtained from the Sites, and (iii) destroy all copies of your account
information, password and any information obtained from the Sites.
Membership fees are not refundable. Memberships are not transferable and only
you are authorized to use this membership. Only registered Workouts For You
members have permission to view and print any and all of the information
provided within the Workouts For You website. Members, or anyone otherwise, may
not loan, rent, lease, or otherwise transfer the information to another person
without the written permission of Workouts For You. You may cancel your
membership at any time (but no refund will be provided on programs already
purchased). Your membership will automatically renew until Workouts For You
receives cancellation notice from you. Automatic renewal dates are based on the
date that you provide payment.
Workouts For You members will receive a password that provides access to Members
Only areas of the websites. The Workouts For You membership password is strictly
confidential and can only be known and used by the registered member. Anyone who
shares or reveals their membership password is violating the conditions of this
agreement. This will result in an automatic termination of membership and
violators may be subject to a contract violation fee and/or criminal charges.
Workouts For You reserves the right to deny services to anyone.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of these Sites, you warrant to Workouts For You that
you will not use these Sites for any purpose that is unlawful or prohibited by
these terms. If you violate any of these terms, your permission to use the Sites
automatically terminates.
You may not, without the prior written permission of Workouts For You, use any
computer code, data mining software, "robot," "bot," "spider,"
"scraper" or other automatic device, or program, algorithm or methodology having
similar processes or functionality, or any manual process, to monitor or copy
any of the Web pages, data or content found on these Sites or accessed through
these Sites.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THESE SITES AND THE SERVICES
OFFERED AT THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. WORKOUTS FOR YOU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORKOUTS FOR YOU SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA,
INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO ON THE SITES OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR THE
SERVICES.
LINKS TO THIRD PARTY SITES
These Sites may contain hyperlinks to web sites operated by parties other than
Workouts For You, or its affiliates. Such hyperlinks are provided for your
reference only. Workouts For You does not control such web sites, and is not
responsible for their content. Inclusion of hyperlinks by Workouts For You to
such web sites does not imply any endorsement of the material on such web sites
or any association with their operators, and your access to and use of such
sites, including information, material, products and services therein, is solely
at your own risk. Furthermore, because the Workouts For You privacy policy is
applicable only when you are on our Sites, once linked to another web site, you
should read that site’s privacy policy before disclosing any personal
information.
USE OF SUBMISSIONS
You grant us the right to use, reproduce, modify, distribute, and display any
material, including your testimonials, that you supply or communicate to the
Sites for any purpose related to the Sites and the performance of the Services.
CHANGES TO SITES
Workouts For You may make improvements or changes in the information, services,
products, and other materials on these Sites, or terminate these Sites at any
time. Workouts For You may modify this Agreement at any time, and such
modifications shall be effective immediately upon posting of the modified
Agreement. Accordingly, you agree to review the Agreement periodically, and your
continued access or use of these Sites shall be deemed your acceptance of the modified
Agreement.
MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement or
these Sites shall be governed by and construed in accordance with the laws of
Kansas, without giving effect to any principles of conflicts of law. Failure by
Workouts For You to insist upon strict enforcement of any provision of this
Agreement shall not be construed as a waiver of any provision or right. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of these Sites or this Agreement must
be filed within one (1) year after such claim or cause of action arose or be
forever barred. Any legal action or proceeding between Workouts For You and you
related to this Agreement shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in the State of Kansas, County of
Johnson. If any of these terms shall be deemed invalid, void, or for any reason
unenforceable, that term shall be deemed severable and shall not affect the
validity and enforceability of any remaining term.
Workouts for You and other logos, product and service names are trademarks and
service marks owned by or licensed to Workouts For You or its affiliates (the
"Marks"). Without the prior written permission of Workouts For You, or its
appropriate affiliates, you agree not to display or use in any manner, the
Marks.
© Copyright 2005 Ridge Point Ventures, Inc. All rights reserved.