Welcome to FINDAFITNESSPRO LLC’s FINDAFITNESSPRO.com website (the “Site”). Use of the Site is contingent upon your acceptance of and compliance with these Terms of Service (the “Agreement”) and our Privacy Policy which is recited separately. This Agreement constitutes a valid and binding agreement between FINDAFITNESSPRO, LLC, (the “Company,” “FINDAFITNESSPRO” “us,” “we”) and you (“you,” “your”, “user,” “member,” “fitness professional”, “subscriber”). If you have any questions about this Agreement, please contact us at legal@FINDAFITNESSPRO.com or FindAFitnessPro, LLC 273 Walt Whitman Road – Suite 120 Huntington Station, NY 11746.
IF YOU DO NOT ACCEPT THIS AGREEMENT, WE WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.
1A. THE SITE ONLY FACILITATES ENGAGEMENTS. By using this Site you acknowledge and agree that this Site is provided as a conduit for the users to interact with one another. In no way does FINDAFITNESSPRO enter into any contracts or create a fitness training or consulting relationship, nor does it possess the legal capacity to do so with any of its users for the engagement of or other enjoyment of any fitness information, or fitness professional’s services. Rather, the Site facilitates a platform for the users to engage or offer to engage other users as fitness training clients (collectively, the “Fitness Clients”.) The ultimate transactions and attendant contracts entered into between the users, fitness professionals, and/or the Fitness Clients strictly exclude FINDAFITNESSPRO, notwithstanding the fact that the Site may provide the tools and the environment to consummate such transactions, including without limitation, fitness services calendaring, fitness professional booking, etc. By using the Site, you acknowledge the fact that since FINDAFITNESSPRO does not become a party in any way to these transactions, FINDAFITNESSPRO bears no responsibility nor liability for the accuracy of any fitness professionals’ postings, the contents thereof, or any information or advice therein, and in no way shall FINDAFITNESSPRO bear any responsibility nor liability for any injury sustained from utilizing the services of any fitness professional or user.
1B. RELIANCE ON CONTENT. All materials related to fitness, exercise, diet, health and/or nutrition information are provided for educational purposes only. You agree and acknowledge that the opinions, advice, statements, or any and all other information or content made by users, members or subscribers, fitness professionals, and any third parties, that are available through the Site, are solely the responsibility of their respective authors, and that you shall use reasonable care and shall bear sole responsibility in choosing to or choosing not to act or rely upon them. You agree and acknowledge that FINDAFITNESSPRO does not in any way guarantee that any content offered through the Site is error free or suited for any purposes. FINDAFITNESSPRO does not in any way adopt or endorse the opinions, viewpoints, or statements made by any users, fitness professionals, members or subscribers. You should always consult a physician regarding any opinions or recommendations with respect to any nutritional, diet, health, exercise, and/or fitness advice offered through the Site.
1C . MEMBER TO MEMBER CONDUCT, COMMUNICATIONS, INTERACTION. FINDAFITNESSPRO is not responsible for any content produced by any users or members, including but not limited to posts, training sessions, and/or lessons, as it appears on the Site. You are responsible for any communications and/or arrangements made between you and any other user and/or member of the Site, including but not limited to contracts entered into between you and other users or members. As the Site is accessible through the Internet, you agree that you will take any and all reasonable precautions in all interactions on or through the Site as well as with other users that are scheduled for meetings or training sessions, offline or in person. You are solely responsible for your interactions with other users. You understand that FINDAFITNESSPRO makes no representations, guarantees, or warranties regarding the nature or quality of any interaction between you, fitness professionals, and other users and members. FINDAFITNESSPRO reserves the right, but has no obligation, to monitor disputes between you and other users. In no event shall FINDAFITNESSPRO be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Site. By using the Site, you understand that you may interact with content that you may consider offensive. You understand that FINDAFITNESSPRO has no obligation to monitor any information, posted by any users, including but not limited to fitness professionals.
1D. FITNESS PROFESSIONAL INFORMATION SOURCE AND ACCURACY. The ultimate source of the information provided through the Site regarding fitness professionals such as personal information, professional certifications, licensing, or insurance, are the fitness professional(s), various state agencies, trade associations, and service bureaus. Although every effort is made to insure the accuracy of such data, the fitness professional information provided by and through the Site is provided "as is". FINDAFITNESSPRO in no way warrants or assumes any liability for the accuracy and/or completeness of any fitness professional information or data provided on this Site. FINDAFITNESSPRO assumes no responsibility for physical injury, nor actual, compensatory, incidental, special or consequential damages of any kind in connection with the information supplied through the Site, or in connection with any fitness professionals on the Site. You should independently verify the accuracy and comprehensiveness of any information provided by the Site.
2. ELIGIBILITY. You must be 18 years of age or older to enter this Site and/or download any of the content available on the Site on your own. If you are under the age of 18, please exit the Site. FINDAFITNESSPRO reserves the right to ask for proof of age and to withhold or terminate your membership if you are below the specified age requirement. Registration or membership with the Site is void in any jurisdiction where prohibited. You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. CHANGES TO SITE, SITE “FAQ”, AND/OR TERMS AND CONDITIONS OF SERVICE. FINDAFITNESSPRO reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this Agreement, in whole or in part, at any time. FINDAFITNESSPRO reserves the right, at its sole discretion, to change its fees and billing methods, including the addition of supplemental fees or separate charges for content, or services provided by FINDAFITNESSPRO. Changes to this Agreement will be effective when posted.
FINDAFITNESSPRO will notify all users by way of announcement on the Site, if and when changes are made. You agree to review this Agreement periodically to be aware of any changes. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. You also hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail and accept the risks including security and privacy risks from internet and e-mail communications.
4. MODIFICATIONS TO SITE AND/OR SERVICES. FINDAFITNESSPRO reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, to alter the design, content, layout, copy, and functionality of the Site or any service offered through the Site (or any part thereof), with or without notice. You agree that FINDAFITNESSPRO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any service offered through the Site.
5. NON-COMMERCIAL USE. Unless specifically agreed to by FINDAFITNESSPRO in writing on a case by case basis, in FINDAFITNESSPRO's sole discretion, users may only use the Site for personal use and not in connection with any commercial endeavors and your use of the Site is strictly subject to a revocable, non-exclusive license which is limited to providing fitness related information and /or engage in inquiries and/or discussions regarding the engagement of fitness professionals.
6. SOFTWARE. At any time, FINDAFITNESSPRO may, in its sole discretion, provide to users certain software that may be either accessible, useable, or downloaded from, by, or through the Site. In the event you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by FINDAFITNESSPRO or a third party software provider (“Third Party”). In the event that the Software is proprietary to FINDAFITNESSPRO, under no circumstances shall title to the software be transferred to you by FINDAFITNESSPRO. FINDAFITNESSPRO retains full and complete title to the Software, and all intellectual property rights therein. Should FINDAFITNESSPRO make available for access or download, a third party's software (“Third Party Software”) through the Site, your access or download and use of such Third Party Software shall be subject to the terms of use set forth by such Third Party, and any applicable license agreement in connection with its software. FINDAFITNESSPRO does not grant you the right to redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, unless such right is specifically granted herein.
7. ACCOUNT SECURITY. You will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your account. You agree that you will (i) immediately notify FINDAFITNESSPRO of any unauthorized use of your user name or password and (ii) ensure that you properly exit any services and/or the Site at the completion of your session. FINDAFITNESSPRO shall have no liability for any loss or damage arising from your account or your failure to comply with these requirements.
8. REGISTRATION ACCURACY. In consideration of your use of the Site you agree to: (1) provide true, accurate, current and complete information about yourself in responding to and completing the Site's registration form(s) (the “Registration Information”); and (2) keep the Registration Information true, accurate, current and complete by maintaining and promptly updating it. If you provide any information that is untrue, inaccurate, not current or incomplete or FINDAFITNESSPRO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FINDAFITNESSPRO has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
9. OWNERSHIP AND INTELLECTUAL PROPERTY. Any and all materials FINDAFITNESSPRO furnishes through the Site are the sole property of FINDAFITNESSPRO and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. You may use such materials as provided herein but are strictly prohibited from copying, reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever. The content and materials furnished and otherwise made available by other users, members, fitness professionals, and subscribers are provided to you for use as provided herein. If you wish to redistribute such content in any manner outside the normal operation of the Site, you bear sole responsibility to obtain permission from the user, member, fitness professional, or subscriber who posted it.
10. USER SUBMITTED CONTENT. By posting or using the Site for engaging in any manner of communications, including but not limited to message posts, instant messaging, inputting or posting data, listing services, posting or suggesting ideas, you irrevocably agree to provide FINDAFITNESSPRO a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your submitted content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. For the avoidance of doubt, you agree that FINDAFITNESSPRO, in its sole discretion, may reproduce in whole or in part any content or material submitted by you, to promote the Site.
11. USER SUBMITTED CONTENT WARRANTIES. By using this Site and submitting, posting, or otherwise making any materials available by and through the Site, you hereby warrant and affirm that you hold the following rights, clearances, and licenses with regard to such materials: 1) you have control of or a license to the copyright and all other applicable intellectual property rights necessary to have the materials featured or displayed on this Site; 2) if any such submitted materials are photographs that contain the image of any people, you have the necessary rights, licenses and permissions to feature and display the likeness of such people in such photograph
12. FINDAFITNESSPRO DOES NOT HAVE DUTY TO PRE-EVALUATE CONTENT POSTED BY USERS. FINDAFITNESSPRO has no duty to pre-evaluate, pre-screen, or otherwise pre-analyze any content or materials posted on the Site by Users, or anyone who uses the Site for any purpose whatsoever, including any fitness professionals, and FINDAFITNESSPRO bears neither liability nor responsibility for such user submitted content and materials. Notwithstanding the foregoing, FINDAFITNESSPRO, in its sole discretion, reserves the right to bar, block, remove, or prevent any posting on the Site, or to remove any user-contributed content or materials. FINDAFITNESSPRO expressly and without limitation disclaims any and all liability arising from any and all user postings on the Site, including without limitation, credentials, license information, resumes, regimens, advice etc., which are the complete and sole responsibility of the user that made such post. Users bear the sole and complete responsibility for maintaining the accuracy of and updating their postings and any underlying facts and or data regarding any underlying service(s). While FINDAFITNESSPRO reserves the right, in its sole discretion, to edit, re-arrange, copy, or amend user submitted content and materials, in no way does such actions on the part of FINDAFITNESSPRO give rise to any liability whatsoever for any loss or damage to any person, fitness professional, or user.
13. COMPLIANCE WITH LAW. Any use of the Site including but not limited to posting, distributing, or otherwise making available any content or materials (including but not limited to text, graphics, video, information, advice, software programs or audio) must be lawful and you expressly agree to avoid any use that is potentially or actually unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You shall not post content or materials that generally contain advertising or any form of commercial solicitation. You shall not falsely claim to be or represent any third parties including but not limited to FINDAFITNESSPRO personnel or another user or member.
14. TERMINATION. You understand and agree that FINDAFITNESSPRO may, in its sole discretion and at any time, terminate your password, or any content posted or submitted by you to the Site or any service, for any reason. FINDAFITNESSPRO may also, in its sole discretion and at any time, discontinue any service or limit or restrict any user's access thereto, for any reason. You understand and agree that FINDAFITNESSPRO may take any one or more of these actions without prior notice to you. Should FINDAFITNESSPRO take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that FINDAFITNESSPRO shall not have any liability to you or any other person for any termination of your access to any service and/or the removal of information concerning your account.
You agree not to use or attempt to use the Site, for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, members, fitness professionals, facilities, or to any person. Improper uses include, but are not limited to:
a. The violation of any applicable law or regulation;
b. The posting or transmission of materials and/or content that you do not have the right or authorization to post or transmit;
c. The posting or transmission of materials and/or content that infringes a third party's rights;
d. Posting or transmitting content that is in FINDAFITNESSPRO's sole discretion and judgment is considered unlawful, defamatory, infringing, libelous, slanderous, indecent, improper, offensive, in bad taste, inconsistent or disparaging to FINDAFITNESSPRO, its trade name, and public image;
e. Attempting to intercept, collect or store data about third parties without their knowledge or consent;
f. Deleting, tampering with or revising any material posted by any other person or entity;
g. Accessing, tampering with or using non-public areas of the Site or any FINDAFITNESSPRO website or FINDAFITNESSPRO's computer systems and network;
h. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
i. Attempting to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browsers;
j. Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes”, “spam”, “chain mail” or “junk mail”;
k. Using or attempting to use the Site to send altered, deceptive or false source-identifying information;
l. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
m. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a “virus” to the Site or any other user, overloading, “flooding,” “spamming,” “crashing,” or “mail bombing” the Site; or
n. Impersonating or misrepresenting your affiliation with any person or entity.
15. LINKED SITES. FINDAFITNESSPRO is not necessarily affiliated with Web sites which may be linked to or from the Site (the “Linked Sites”) and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk. FINDAFITNESSPRO reserves the right, in its sole discretion, to refuse, block, remove, edit, or demand payment for, any hypertext links to, or addresses of, other web sites posted on user pages, posts, or listings.
16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ALL SERVICES PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO FITNESS PROFESSIONAL SERVICE LISTINGS, CALENDERING, MESSAGING, BLOGGING, AND USER WEB PAGES, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. FINDAFITNESSPRO DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FINDAFITNESSPRO DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. FINDAFITNESSPRO DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OFFERED THROUGH THIS SITE. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.
FINDAFITNESSPRO EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES AND IN NO EVENT SHALL FINDAFITNESSPRO BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY FINDAFITNESSPRO FITNESS PROFESSIONAL OR USER. FINDAFITNESSPRO IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, REGIMEN, OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT ANY THIRD PARTY, SUBSCRIBER, MEMBER OR USER OBTAINS BY OR THROUGH ANY OF THE SUBSCRIBERS, USERS, MEMBERS, FITNESS PROFESSIONALS, FITNESS CLIENTS, OR THIRD PARTY VENDORS.
TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FINDAFITNESSPRO'S LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO FINDAFITNESSPRO'S ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE.
DISPUTES BETWEEN USERS, FITNESS PROFESSIONALS, AND FITNESS CLIENTS: ALL USERS HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE FINDAFITNESSPRO, AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH ANY AND ALL DISPUTES THAT ARISE BETWEEN USERS, FITNESS PROFESSIONALS, AND/OR FITNESS CLIENTS, INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR FITNESS TRAINING SESSION OR SERVICES. ALL USERS WHO ARE CALIFORNIA RESIDENTS, HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES IN RELEVANT PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
17. HOLD HARMLESS AND INDEMNIFICATION. By using the Site, you agree to indemnify and hold FINDAFITNESSPRO and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless, including but not limited to reasonable attorneys' fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of the Agreement or the infringement of any intellectual property or other right of any person or entity.
18. GOVERNING LAW. If there is any dispute arising out of the Site, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, U.S.A. and the federal laws of the United States of America, without regard to its conflict of law provisions and excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You expressly agree to submit to the exclusive jurisdiction of the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 18. FINDAFITNESSPRO’s performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall abridge FINDAFITNESSPRO’s rights to comply with any governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FINDAFITNESSPRO with respect to such use.
19. SEVERABILITY. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
20. NO PARTNERSHIP. In no event shall your use of the Site create a partnership, joint venture, broker relationship, employee-employer, agency, or franchiser-franchisee relationship. The Site’s relationship with you is that of an independent contractor.
21. NOTICE OF CLAIMS OF INFRINGEMENT. If you believe that the Site features works belonging to you in an unauthorized or infringing fashion, including copyright infringement, or some other violation of your intellectual property, please notify our infringement agent at: legal@FINDAFITNESSPRO.com or FindAFitnessPro, LLC 273 Walt Whitman Road – Suite 120 Huntington Station, NY 11746. Your notice must include the following information and details: 1) a specific recitation of the materials featured on the Site which you believe are infringing in nature; 2) a clear statement by you that you in good faith believe that the use or exploitation of the subject work on the Site is not authorized by the copyright owner, its agent or the law; 3) your physical address, telephone number and email address; 4) your physical or electronic signature; and 5) a statement by you, under penalty of perjury, that: (a) the foregoing information in your statement is true and accurate, and (b) you own the subject copyright interest or that you are authorized to act on behalf of the subject copyright owner. Upon receipt of a notice that conforms to these requirements, FINDAFITNESSPRO shall remove the allegedly infringing content, pursuant to the terms and protocol outlined in the United States Digital Millennium Copyright Act (DMCA).
22. ENTIRE AGREEMENT. It is hereby acknowledged that this Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
23. FITNESS PROFESSIONAL REGISTRATION SUPPLEMENTAL TERMS. If you would like to participate in the Fitness Professional Network (“FPN”), you will need to enroll in the FPN and read the Supplemental Terms of Service ("Supplemental Terms"). The Supplemental Terms are part of and incorporated into these Terms of Service.
You agree that from time to time FINDAFITNESSPRO may, at its sole discretion, modify, suspend, add to, remove or discontinue all or any portion of the Terms of Service, and that we will not be liable to you or to any third party for doing so. To change or update the Terms of Service, we will post the revised version and its effective date on the Site. The revised Terms of Service will be effective upon posting to the Site. By continuing to use the Site after FINDAFITNESSPRO has posted such revised Terms of Service to the Site or otherwise provided you with any notice of them, you agree to be bound by such Terms of Service. If such revised Terms of Service are not acceptable to you, your only recourse is to cease use of the Site.
Supplemental Terms of Service – Fitness Professional Network (FPN)
BY ENROLLING IN THE FITNESS PROFESSIONAL NETWORK ("FPN"), YOU (“you, “fitness professional”) AGREE TO FOLLOW AND BE BOUND BY THESE SUPPLEMENTAL TERMS OF SERVICE AS MODIFIED OR AMENDED FROM TIME TO TIME ("Supplemental Terms"), IN ADDITION TO THE TERMS OF SERVICE ("Terms") AND THE PRIVACY POLICY. PLEASE READ THESE SUPPLEMENTAL TERMS CAREFULLY. IF YOU DO NOT ACCEPT THESE SUPPLEMENTAL TERMS IN FULL, YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE FPN AND YOU ARE NOT ELIGIBLE TO PARTICIPATE ON THE SITE AS A FITNESS PROFESSIONAL.
All capitalized terms below that are not defined herein shall have the meanings ascribed to them in the Terms, and all other terms defined therein are incorporated herein by reference.
1. FITNESS PROFESSIONAL ELIGIBILITY REQUIREMENTS; PARTICIPATION IN THE FPN. To be eligible to participate in the FPN, you must be a legal resident of the United States and at least 18 years old (or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18) with a valid social security number (or employer ID number, if applicable). FINDAFITNESSPRO reserves the right to deny your access to or participation in the FPN at any time in its sole discretion. Your participation in the FPN is, at all times, subject to your full compliance with all of the Terms (including terms incorporated into them, e.g., the Supplemental Terms).
2. ENROLLMENT IN THE FPN. To enroll in the FPN, you must complete the FPN enrollment process on the Site. You agree to provide accurate and complete information during the FPN enrollment process including, but not limited to, professional and background information, certifications, address, etc. You also agree that you will maintain and update such information (including, without limitation, your current physical and e-mail addresses, certifications, etc.) to ensure its accuracy and completeness at all times.
3. AUTHORITY; ACCURACY OF INFORMATION. By using this Site you warrant and affirm that you: 1) have the authority to enter and form legally binding contracts with other users and/or Fitness Clients under any applicable laws, whether or not such contracts are entered into by you as a natural person or a business entity; 2) have all necessary rights, certifications, licenses, and training to offer the services listed by you. At any time, FINDAFITNESSPRO may, in its sole discretion, request that a fitness professional provide reasonable evidence of its identity and other material items in connection with service(s) listed by that fitness professional.
4. FITNESS PROFESSIONAL OBLIGATIONS TO ENGAGE IN FAIR DEALING. By using this Site, you hereby agree to conduct yourself according to principles of good faith and fair dealing, including without limitation: 1) not breaching any underlying agreement between you and a Fitness Client; and 2) truthfully and accurately describing any and all information or services.
5. VIOLATION OF OBLIGATIONS. FINDAFITNESSPRO, reserves the right, to be exercised in its sole discretion, with or without notice, and with or without refund, to remove, suspend, bar, or otherwise decline a fitness professional and/or any or all of any fitness professional’s postings, accounts, or other materials from the Site, if any such fitness professional is in breach of any terms of this Agreement.
6. COMPLAINTS REGARDING A FITNESS PROFESSIONAL. In the event FINDAFITNESSPRO is made aware, by complaint or otherwise, of a fitness professional that violates this Agreement and/or, in FINDAFITNESSPRO’s sole discretion, any standards of fair dealing, or is adjudged by FINDAFITNESSPRO, in its sole discretion, to be offensive in any manner whatsoever, FINDAFITNESSPRO reserves the right, with or without notice, and with or without refund, to remove, suspend, bar, or otherwise decline that fitness professional account.
7. FITNESS PROFESSIONAL TESTIMONIALS MUST BE GENUINE. If the Site permits users to have and in any way feature or display third party reviews regarding any fitness professional, such reviews must be true and genuine from actual people who have used such fitness professional’s services and FINDAFITNESSPRO reserves the right, in its sole discretion at any time, to request verifiable contact and other information regarding any such reviewer(s).
8. NO SUBSTITUTION. Fitness professionals are not permitted to make substitutions to any personal listing with another fitness professional, without the express, written consent of FINDAFITNESSPRO.
You agree that from time to time FINDAFITNESSPRO may, at its sole discretion, modify, suspend, add to, remove or discontinue all or any portion of the Supplemental Terms, and that we will not be liable to you or to any third party for doing so. To change or update the Supplemental Terms, we will post the revised version and its effective date on the Site. The revised Supplemental Terms will be effective upon posting to the Site. By continuing to participate in the FPN after FINDAFITNESSPRO has posted such revised Supplemental Terms to the Site or otherwise provided you with any notice of them, you agree to be bound by such Supplemental Terms. If such revised Supplemental Terms are not acceptable to you, your only recourse is to cease participation in the FPN.
TERMS OF SERVICE EFFECTIVE DATE: 3/15/2010
SUPPLEMENTAL TERMS EFFECTIVE DATE: 3/15/2010