Legal Terms: User Agreement on PFP (Personal Fitness Professional)
As a user of the PFP website(s), I represent to PFP that my access is on my own behalf or on behalf of my employer or my own business enterprise and that I am authorized and empowered to make promises, representations and agreements on my own behalf or on behalf of my employer or business enterprise. I understand this agreement contains important legal and financial responsibilities that may affect me, my employer or my business.
As an inducement for PFP to provide me with access to or permitting me to use PFP websites, I agree to the following terms and conditions. I understand that the Internet, electronic commerce and technology is changing rapidly and PFP may address these changes by changing these terms and conditions from time to time at PFP's sole discretion. Accordingly I promise to review regularly these terms and conditions to be informed of and agree to any changes made by PFP. If at any time I do not agree to any term or condition of this or any revised PFP web access or use agreement, I promise not to access or otherwise use any PFP websites. I understand that these terms and conditions apply to all PFP websites, including any websites owned, operated or sponsored by any PFP and RB Publishing Inc. subsidiaries or affiliates. I agree that the word "Content", as used in this Agreement refers to any materials, documents, images, trademarks, copyrighted materials, graphics, logos, design, audio, video and any other information provided from or on PFP websites.
PFP maintains its website Content for general marketing, promotional, public relations and general public information purposes. PFP does not transact business or engage in transactions by way of PFP website Content. Regardless of the existence of any order forms, interactive features, request forms, invitation for comment or suggestions contained in any PFP website, no contract or binding obligation of PFP of any kind may be implied, assumed or made until an authorized and empowered representative of PFP reviews and accepts, in writing, any proposal, offer, order or other information submitted by the user via any PFP website. You agree that PFP becomes legally bound to and responsible for only those promises, obligations and commitments contained in written contracts and instruments signed by such authorized and empowered representative of PFP. Notwithstanding anything to the contrary contained in any PFP website, PFP reserves the right to and may reject any information, offers, orders, suggestions, comments or other information submitted to PFP via any PFP website.
PFP provides its website Content for informational purposes only for its customers, investors, vendors and employees and other constituencies. No license is granted by PFP or RB Publishing Inc. to anyone to use or exploit any Content. If you wish to use or exploit any PFP website Content, you agree to contact PFP in writing and to use such Content only in accordance with a written agreement with PFP. If you use or exploit any PFP Content without the agreement of PFP, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities incurred by PFP as a result of your actions or omissions.
PFP has no obligation to be sure that the Content of its website is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, free from changes caused by any third party or that access to the PFP website will be free from interruptions, errors, computer viruses or other harmful components. You understand that PFP may (but has no obligation in the absence of governmental regulatory requirements) to change, withdraw, improve or otherwise modify its website Content at any time without any notice to you
Website Content is provided by PFP "AS-IS" and without warranties of any kind, either express or implied. TO THE EXTENT ANY ACCESS OR USE OF THE PFP WEBSITES CONSTITUTES ASALE OR EXCHANGE OF GOODS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. You agree that under no circumstances, including, but not limited to, negligence, shall PFP or RB Publishing Inc. be liable for any direct or indirect, special, incidental or consequential damages. This includes but is not limited to loss of data or profit arising out of the use or the inability to use the Content of a PFP website, even if a PFP representative has been advised of the possibility of your damages.
No Confidentiality and License
If you wish to provide your information to PFP and you wish to retain an interest or ownership in it, you must contact PFP in writing and propose to PFP a commercial transaction pursuant to which you and PFP agree in a written and signed agreement to an exchange of information. If you transmit to or post on the PFP website without any prior written Agreement with PFP providing for such activity, any material, data, information or idea, it will be treated as non-confidential and non-proprietary and may be disseminated or used by PFP for any purpose. By sending PFP any information or material, you grant PFP an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and information. You also agree that PFP is free to use any ideas, concepts, know-how or techniques that you send to PFP for any purpose without any obligation to you.
No Unlawful or Unacceptable Content Posting
You are not authorized to post on or transmit to any PFP website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages and liabilities caused by such activity and indemnify and hold PFP and RB Publishing Inc. harmless from any liability or loss.
PFP may provide hyperlinks to other internet websites maintained by third parties or may provide third party content on PFP website. The content in any such linked sites is not under PFP control and PFP is not responsible for the content of those sites, including any further links in another site. If you decide to access any of the third party sites linked to a PFP website, you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature. By providing a link, PFP does not necessarily endorse a third party or its website. PFP reserves the right to terminate a link to a third party website at any time in its sole discretion.
Linked Internet Sites
If you wish to provide a link to a PFP website, you may do so under the terms and conditions of this or any future PFP web access and use agreement, but: you may not use or replicate PFP Content; you agree not to create a browser, border environment or frame for PFP Content; you may not imply that PFP is endorsing you or your products or services; you may not misrepresent your relationship with PFP; you may not present false information about PFP products or services; and your linked website shall not contain content that could be construed as distasteful, offensive or controversial, and or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If you violate these promises, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold PFP and RB Publishing Inc. harmless and you agree to remove any link to PFP immediately upon the request of PFP or RB Publishing Inc..
No Representations, Legal Compliance
PFP makes no representation that content or materials in a PFP website are appropriate or available for use outside the U.S.A. You agree to refrain from access to Content on a PFP website from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. We are not responsible for any law violations of law or regulation by your access or use of any Content on a PFP website. You must become familiar with U.S. laws and regulations on export of technical information and you agree you will not use or export Content in a PFP website in violation of U.S. export laws and regulations. Any claims relating to PFP website and its Content and materials shall be governed by the laws of the State of Wisconsin, U.S.A., without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties - obligations shall be brought exclusively in a federal or state court in the State of Wisconsin.
PFP claims the copyright interest in the compilation in all the PFP website Content, including without limitation, the incorporated PFP websites. The laws of the United States of America and all other signatories to the Berne Convention protect the copyright owner from infringement and you represent that you have read, understand and agree to The U.S. Copyright Act and such other applicable laws and regulations of other countries and you will not violate them in your access and use of any PFP website and that you will indemnify and hold PFP harmless. Copyright - PFP Inc. 2005
PFP will not provide personally identifiable information of a PFP Member to third parties except as noted under Limits of Confidentiality. Personally identifiable information means the member's name, residence address, email address, social security number or other information from which the member's identity may be reasonably ascertained. PFP uses proprietary technologies to preserve the anonymity of members while matching the member's interests with targeted information sent via email. PFP will not knowingly reveal any member's identity to marketers. It is solely at a PFP Member's discretion if he or she chooses to provide personally identifiable information to a marketer by making a purchase, requesting additional information, or communicating directly with the company or organization after visiting its website or otherwise.
Limits of Confidentiality
As part of its day-to-day business activities, PFP must disclose certain aggregate level information about PFP Members to certain third parties; principally, (1) PFP Network Partners, and (2) Marketers who use fit-pro.com's network. Below is the information and circumstances under which PFP may be required to disclose information to third parties. (1) Network Partners: When a PFP Member registers through the website of a Network Partner, PFP is obligated to disclose to that particular Network Partner the information submitted by the PFP Member during the registration process. In addition to the foregoing information, PFP may also disclose aggregate level information to the Network Partner about PFP Members who registered through that particular Network Partner's site. Such aggregate information may include, for example, the number of individuals who registered through the Network Partner's site; the turnover rate of PFP Members who have registered through the Network Partner's site; with respect to any particular campaign, the response rates of the PFP Members who registered through the Network Partner's site; and statistics on the interest categories selected by the PFP Members who have registered through the Network Partner's site. Subject to the exceptions discussed below, PFP will not knowingly disclose any personally identifiable information about a PFP Member to a Network Partner unless such personally identifiable information was provided during the registration process through the Network Partner's website. (2) Marketers: PFP will disclose aggregate level information about PFP Members to marketers as reasonably necessary to explain the services that PFP can offer, to report on the advertising campaigns that PFP undertakes for any particular marketer, and/or to implement and explain campaign strategies. Subject to the exceptions discussed below, PFP will not knowingly disclose any personally identifiable information about a PFP Member to a marketer. Due to the existing legal, regulatory and security environment, PFP may be required, under certain circumstances, to disclose aggregate level and/or personally identifiable information about its members. PFP will use its best efforts to limit such disclosure to the following: where PFP believes in good faith that it is required to do so in response to a subpoena or other legal process; where reasonably required to do so in order to maintain, update or otherwise implement fit-pro.com's data security measures, equipment, technical operations and the like; or where reasonably necessary to identify, contact or bring legal action against persons or entities to preserve and/or enforce fit-pro.com's rights.
Use of Information
PFP uses member information to deliver PFP services. Thus, member information is used by PFP in identifying information that may be of interest to its members. A member's email address will be used by PFP to contact that member about member-selected interests. PFP does not use member information for purposes unrelated to the services offered by the PFP industry.
Protection of Member Information
PFP undertakes substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about individual members and will never knowingly allow access to this information to anyone outside PFP other than to the member or as described above under the heading Limits of Confidentiality. PFP has made a substantial investment in its server, database, backup and firewall technologies to protect the information assets of the PFP NetworkTM, including the confidentiality of information collected about PFP Members. These technologies are deployed as part of a sophisticated security architecture and protocol. You should also do your part in protecting your information. Your PFP user name and password are confidential and we recommend that you not divulge them to anyone. Unfortunately, neither PFP network nor data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect member information, PFP cannot ensure or warrant the security of member information. Thus, any information a member transmits to us is done so at the member's own risk. Once we receive member information, PFP undertakes substantial efforts to protect the confidentiality of this information consistent with this Policy.