WORKOUTS FOR YOU
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.
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.
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.
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
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.
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.