Terms of
Use
This Agreement (including the General and Specific
Terms set forth below) contains all of the terms and
conditions between Personal Trainer Network ("PersonalTrainerNetwork.com")
and you ("Client and/or any other user, including
Personal Trainers") and governs the use of the
services offered at the PersonalTrainerNetwork.com
Web Site (the "Site"). Please read this Agreement
before using the Site. Use of the Site constitutes
an agreement to all terms and conditions in this Agreement.
By using this Site, all users do hereby represent,
warrant, understand, agree to and accept all terms
and conditions contained herein.
General Terms
PersonalTrainerNetwork.com Connects Clients with
Personal Trainers
PersonalTrainerNetwork.com is a communications platform for enabling
the referral of Clients to individuals seeking to provide personal training
services ("Personal Trainers"). Users do hereby represent,
understand and expressly agree that PersonalTrainerNetwork.com does not
have control over the quality, timing, legality or any other aspect whatsoever
of the services actually delivered by the Personal Trainers, nor of the
integrity, responsibility or any of the actions whatsoever of the Clients.
All users including both Client and Personal Trainer do hereby expressly
agree not to hold PersonalTrainerNetwork.com (or PersonalTrainerNetwork.com's
agents, assigns, representatives, advertisers or employees) liable for
any instruction, advice or services delivered which originated through
the Site and PersonalTrainerNetwork.com expressly disclaims any liability
whatsoever for any damage, suits, claims, and/or controversies that have
arisen or may arise, whether known or unknown therefrom.
Transactions
Clients may seek the services of a Personal Trainer
through the use of the Site and Personal Trainers may
submit proposals to Clients regarding their services.
Once Client has accepted the terms of the advice and/or
service from the Personal Trainer and the Personal
Trainer has accepted the terms of the advice and/or
payment from the Client, there is a binding contract
implicit between the Client and the Personal Trainer.
If there are any issues concerning advice and/or service
received by Client or payment due to Personal Trainer,
Clients must deal directly with Personal Trainers and
vice/versa to resolve any disputes. PersonalTrainerNetwork.com
will not be held responsible and expressly disclaims
any liability whatsoever for any claims and/or controversies
that may arise for any disputes between any users.
By using this Site, you do hereby represent, understand,
and expressly agree to hold PersonalTrainerNetwork.com
harmless for any claim or controversy that may arise
from any disputes between users of the Site. PersonalTrainerNetwork.com
will use its "best efforts" to monitor Personal
Trainer actions, comments, and general usage of the
Site and suspend privileges to any Personal Trainer
not adhering to policies of the Site. By using this
Site, you do hereby agree to report any alleged improprieties
of any users therein to PersonalTrainerNetwork.com
immediately by notifying PersonalTrainerNetwork.com
of the same via electronic correspondence at mail@PersonalTrainerNetwork.com
Community Areas
If the Site contains "Public Question" areas, chat areas, news
groups, forums, communities and/or other message or communication facilities,
Personal Trainer and Client do hereby expressly represent, understand
and agree to use such community areas only to send and receive messages
and material that are relevant and proper to the applicable forum. Any
usage of the Site by any user that PersonalTrainerNetwork.com finds inappropriate
and/or offensive may result in immediate suspension or revocation of
the privilege to use this Site. PersonalTrainerNetwork.com reserves the
right to revoke or suspend the privilege of any user to use this Site
at any time and at its sole discretion whether for any reason or no reason
at all. All users do hereby represent, understand, and expressly agree
to the terms set forth herein.
Eligibility
Personal Trainer Network is a referral service for Clients seeking the
help of a Personal Trainer. We are available only to make referrals
for individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our referral services are not
available to minors under the age of eighteen (18) or to anyone who
may not legally work within the jurisdiction of the United States.
This Site is currently available only to United States citizens and/or
any individuals who are legally in the jurisdiction of the United States
and may legally work within its jurisdiction. Any misstatements and/or
misrepresentations regarding the age, background, experience and/or
eligibility for employment in the jurisdiction of the United States
of any Personal Trainers or any other users of this Site are not the
responsibility of PersonalTrainerNetwork.com. PersonalTrainerNetwork.com
does hereby disclaim any liability whatsoever for any misstatements
and/or misrepresentations made by any Personal Trainers and/or users
of this Site. Users do hereby represent, understand and agree to hold
PersonalTrainerNetwork.com harmless for any misstatements and/or misrepresentations
made by any users of this Site.
Links and Account Information
All site users do hereby agree to be the sole, authorized user of their
account. Should any user of this Site authorize any third party to
use their account, user does hereby agree to supervise all usage thereof.
PersonalTrainerNetwork.com has no control over the use of any user's
account and expressly disclaims any liability derived therefrom. Should
any user suspect that any unauthorized party may be using their account,
user does hereby agree to contact PersonalTrainerNetwork.com immediately.
Links from PersonalTrainerNetwork.com to other Sites on the Web do
not constitute the endorsement of PersonalTrainerNetwork.com. These
links are provided as an information service only. It is the responsibility
of the user to evaluate the content and usefulness of the information
obtained from other Sites. Such hyperlinks are provided for reference
and convenience only. PersonalTrainerNetwork.com does not control such
Web Sites, and is not responsible for their content. Just because PersonalTrainerNetwork.com
has hyperlinks to such Web Sites does not mean that PersonalTrainerNetwork.com
endorses any of the material on such Web Sites, or has any association
with their operators. Users further acknowledge that use of any Web
Site controlled, owned or operated by third parties is governed by
the terms and conditions of use for those Web Sites, and not by PersonalTrainerNetwork.com's
User Agreement and Privacy Policy. Links to external Web Sites (including
external Web Sites that are framed by PersonalTrainerNetwork.com) or
inclusion of advertisements do not constitute an endorsement of by
PersonalTrainerNetwork.com of such Sites or the content, products,
advertising and other materials presented on such Sites, but are for
User's convenience. Users access them at their own risk. PersonalTrainerNetwork.com
expressly disclaims any liability derived from the use and/or viewing
of links that may appear on this Site. All users do hereby agree to
hold PersonalTrainerNetwork.com harmless from any liability that may
result from the use of links that may appear on the Site.
Coppa Compliance
Client and Personal Trainer should monitor children's use of the Internet.
PersonalTrainerNetwork.com is intended for people 18 or over. We have
also made an effort to specifically limit Personal Trainer Network's
appeal to people of age 18 or over. PersonalTrainerNetwork.com will
not knowingly collect any information from children under 13. You must
identify your age when you seek a referral to a Personal Trainer. PersonalTrainerNetwork.com
takes the Children's Online Privacy Protection Act of 1998 (COPPA)
as well as all FTC regulations very seriously. We are also strong supporters
and maintain strict compliance with the Rules and Regulations set forth
thereunder. That being said, we do not assume any responsibility for
any misrepresentations regarding your age or Cliental consent when
using this Site. Should we determine that you provide any false information
to us when using this Site, your use of the Site will be terminated
immediately. For information about commercial products to assist Clients
in filtering material on the Internet that Clients find harmful, see
Sites with information on filtering products.
Prohibited Use
The Site and services contained herein may be used to find, select and
connect with Personal Trainers for the purpose of receiving health
and fitness related information and training. The Site and related
services may not be used by any person to recruit, solicit, or contact
in any form Clients or Personal Trainers for employment or contracting
for a business not affiliated with PersonalTrainerNetwork.com without
express written permission from PersonalTrainerNetwork.com. Should
PersonalTrainerNetwork.com find that you violate the terms of this
Paragraph or any terms stated herein, PersonalTrainerNetwork.com reserves
the right to terminate your use of this Site at its sole discretion
immediately.
Specific Terms and Conditions
PersonalTrainerNetwork.com is only a Venue.
PersonalTrainerNetwork.com is a communications platform for enabling
the connection between Client and Personal Trainer. PersonalTrainerNetwork.com
does not take part in the interaction between Client and Personal Trainer
once a referral of the Client to a Personal Trainer occurs. THIS
REFERRAL CONSTITUTES THE ONLY SERVICE PROVIDED by PersonalTrainerNetwork.com. PersonalTrainerNetwork.com
does not have control over the quality, timing or legality of services
actually delivered by Personal Trainers. PersonalTrainerNetwork.com
makes no representations about the suitability, reliability, timeliness,
and accuracy of the health or fitness services provided by Personal
Trainers to Clients through referral by the Site whether in public,
private or offline interactions. Due to the nature of the Internet,
PersonalTrainerNetwork.com cannot confirm that each Personal Trainer
or Client is who they claim to be, however, PersonalTrainerNetwork.com
may provide a forum for Personal Trainers to provide references for
Clients to check. PersonalTrainerNetwork.com does not assume any responsibility
for the accuracy or reliability of this information or any information
on this Site. PersonalTrainerNetwork.com does not assume and expressly
disclaims any liability that may result from the use of this information.
Release
Because we are not involved in the actual contract between the Client
and the Personal Trainer, in the event that you have a dispute with
one or more Personal Trainers, you release PersonalTrainerNetwork.com
(and our offices, directors, agents, investors, subsidiaries and employees)
from claims, demands or damages (actual or consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
Information Provided by Users
Users are responsible for providing accurate, timely and complete information
to us in connection with their referral to a Personal Trainer and/or
other use of the Site. PersonalTrainerNetwork.com is not responsible
for any claims relating to any inaccurate, untimely or incomplete information
provided to us. Users represent and warrant that they are the owner
or a licensee or otherwise have the right to provide any information
or materials (including pre-existing materials) that they post or transmit
for use in public areas on the Site (including, without limitation,
posting on bulletin boards or chat-collectively referred to herein
as "Public Areas"). Users hereby grant PersonalTrainerNetwork.com
an irrevocable, royalty-free, perpetual, non-exclusive worldwide license
to use, copy, display, modify, edit, create derivative works from and
distribute any information or materials they post in Public Areas.
As set forth in PersonalTrainerNetwork.com's Privacy Policy, any submissions
to Public Areas will be public, and PersonalTrainerNetwork.com will
not be responsible for the action of other Users with respect to any
information or materials posted in Public Areas.
Your Information
"Your Information" is defined as any information you provide to us
or other users related to the use of this site or the services provided herein,
through any e-mail feature or through traditional mail. You are solely responsible
for your Information, and we act as a passive conduit for your online distribution
and publication of Your Information. With respect to your Information: your Information
(or any items or contents listed therein): (a) shall not be false, inaccurate
or misleading; (b) shall not be fraudulent or involve the sale of counterfeit
or stolen items; (c) shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary right or rights of publicity or
privacy; (d) shall not violate any law, statute, ordinance, or regulation (including
without limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (e) shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not
be obscene or contain child pornography or, if otherwise adult in nature and
harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time
bombs, cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; (h) shall not create liability for
us or cause us to lose (in whole or in part) the services of our ISPs or other
partners or suppliers. Solely to enable PersonalTrainerNetwork.com to use the
information you supply us with, so we are not violating any rights you might
have in that information, you agree to grant us a non-exclusive, worldwide, perpetual;,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise
the copyright and publicity rights (but no other rights) you have in your Information,
in any media now known or not currently known, with respect to your Information.
PersonalTrainerNetwork.com will only use your Information in accordance with
our Privacy Policy.
Third Party Verification Services
Personal Trainer Network may make available to Personal Trainers a third
party verification service ("Verification Service") which
enables Clients to verify a Personal Trainer's credentials. Use of
the Verification Service is voluntary. PersonalTrainerNetwork.com does
not monitor in any way the information provided by such Verification
Service as PersonalTrainerNetwork.com is merely a conduit. Further,
PersonalTrainerNetwork.com does not endorse or make any representations
regarding the reliability of the Verification Service.
Referral to a Personal Trainer is a Free Service
Clients using the site and seeking referral to a Personal Trainer are
not charged for that service. Personal Trainer Network will never
ask you for a payment of any sort for making a referral to a Personal
Trainer.
No Liability
User agrees not to hold PersonalTrainerNetwork.com, PersonalTrainerNetwork.com's
agents and employees, officers, directors, or participants liable for
any advice or services delivered which originated through the Site
or otherwise were provided by a Personal Trainer or Client. Client
and Personal Trainer release PersonalTrainerNetwork.com PersonalTrainerNetwork.com's
agents, officers, directors, and employees from claims, demands and
damages (actual or consequential) of every kind and nature, known and
unknown, disclosed and undisclosed, arising out of or in any way connected
with such disputes.
Indemnification
By agreeing to the terms of the User agreement, Users agree to indemnify,
defend and hold harmless PersonalTrainerNetwork.com, its directors,
officers, employees, agents, licensors, attorneys, independent contractors,
providers, subsidiaries, and affiliates (collectively referred to herein
as "PersonalTrainerNetwork.com") from and against any and
all claim, loss, expense or demand of liability, including attorneys'
fees and costs incurred by PersonalTrainerNetwork.com and Affiliates
in connection with any claim by a third party (including an intellectual
property claim) arising out of (i) materials and content Users submit,
post or transmit through the Site, or (ii) use of the Site in violation
of these Terms of Use or in violation of any applicable law. Users
further agree that they will cooperate as reasonably required in the
defense of such claims. PersonalTrainerNetwork.com and affiliates reserve
the right, at their own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by Users,
and Users shall not, in any event, settle any claim or matter without
the written consent of PersonalTrainerNetwork.com. Users further agree
to hold harmless PersonalTrainerNetwork.com and Affiliates from any
claim arising from a third party's use of information or materials
of any kind that they post in a Public Area.
Community Areas
If the Site contains bulletin board services, chat areas, news groups,
forums, communities and/or other message or communication facilities,
Client and Personal Trainer agree to use the community areas only to
send and receive messages and material that are proper and related
to the particular forum. By way of example, and not as limitation,
Client and Personal Trainer agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy
and publicity) of others.
- Publish, post, upload, distribute or disseminate
any profane, defamatory, infringing, obscene or unlawful
topic, name, material or information.
- Use the Site for any purpose which is in violation
of local, state, national or international law.
- Upload files that contain software or other material
that violates the intellectual property rights (or
rights of privacy or publicity) of any third party.
- Upload files that contain viruses, corrupted files,
or any other similar software or Services that may
damage the operation of another's computer.
- Advertise or offer to sell any goods or services
for any commercial purpose on the Site which are
not relevant to the services offered on the Site.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Impersonate another person or allow any other
person or entity to use Client or Personal Trainer's
identification to post or view comments.
- Post the same note repeatedly (referred to as
'spamming'). Spamming is strictly prohibited.
- Download any file posted by another Personal Trainer
or Client that Personal Trainer or Client knows,
or reasonably should know, cannot be legally distributed
through the Site.
- Restrict or inhibit any other Personal Trainer
or Client from using and enjoying the Community areas.
Learner Information
Client and Personal Trainer agree that all information supplied by Client
and Personal Trainer or any member of Client or Personal Trainer's
household is true and accurate
Modification of the Terms of this Agreement
PersonalTrainerNetwork.com reserves the right to make changes to this
Agreement from time to time. PersonalTrainerNetwork.com shall provide
notice to Clients and Personal Trainers of any substantive and/or material
changes to this Agreement or any policies posted on the Site.
Term of Agreement
This Agreement will become effective immediately upon any use by all
users of the Site and shall remain effective unless terminated by either
party as provided hereunder. Either party may terminate this Agreement
between any user by providing the other with written or email notice
of such termination which shall be effective immediately upon delivery
of such notice to the other party. Furthermore, PersonalTrainerNetwork.com
may terminate this Agreement immediately for any breach of this Agreement
or any applicable policy of PersonalTrainerNetwork.com as posted on
the Site from time to time. In the event of termination or expiration,
the following sections shall survive: Term of Agreement; Ownership;
Disclaimer; Limitation of Liability; Notice; and Miscellaneous.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs,
HTML, look and feel, photographs, music, sounds, images, software,
videos, designs, typefaces and other content (collectively "Proprietary
Material") that users see or read on the Site is owned by Personal
Trainer Network Inc. or is used with permission. This Proprietary Material
is protected in all forms, media and technologies now known or hereinafter
developed. PersonalTrainerNetwork.com owns all Proprietary Material
as well as the coordination, selection, arrangement and enhancement
of such Proprietary Materials as a Collective Work under the United
States Copyright Act, as amended. With the exception of uses allowed
under the section above called "Permitted Uses," Users may
not copy, download, use redesign, reconfigure, or retransmit anything
from the PersonalTrainerNetwork.com Site without PersonalTrainerNetwork.com's
prior express written permission. Furthermore, Users are not allowed
to post or distribute any material that they do not own, or which they
do not have permission to use. Violation of this policy may result
in copyright, trademark or other intellectual property rights violations,
and subject Users termination from the use of this Site or civil or
criminal penalties. In addition, the Site contains material protected
by the domestic and international laws of copyright, patents and other
proprietary rights and laws. Any use of such Proprietary Material,
other than as permitted therein, is expressly prohibited without the
prior permission of PersonalTrainerNetwork.com and/or the relevant
right holder.
Notice of Trademark Rights
The service marks and trademarks PERSONALTRAINERNETWORK.COM and the PersonalTrainerNetwork.com
logo are service marks owned by PersonalTrainerNetwork.com. Any other
trademarks, service marks, logos and/or trade names appearing on the
Site are the property of their respective owners. Users acknowledge
the rights of PersonalTrainerNetwork.com and the respective third parties
in those marks. Users may not copy or use any of these marks, logos
or trade names without the prior written permission of the owner as
expressly allowed by these Terms of Use.
Privacy
PersonalTrainerNetwork.com's Privacy Statement located on its Site as
modified by PersonalTrainerNetwork.com from time to time shall govern
any disclosure or use of Client and Personal Trainer's personal information.
Copyright Complaints and Copyright Agent
PersonalTrainerNetwork.com respects the intellectual property of others,
and asks Users to do the same. PersonalTrainerNetwork.com is in compliance
with the Digital Millennium Copyright Act. In order to protect intellectual
property from misuse, we ask Users to help us. If Users believe, in
good faith, that any materials on the Site infringe upon Users' copyrights,
please provide PersonalTrainerNetwork.com's Copyright Agent with the
following information:
- An electronic or physical signature of the owner
of the copyright or the person authorized to act
on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you
claim has been infringed, including the URL (Internet
address) or other specific location on the Site where
the material you claim is infringed is located. Include
enough information to allow PersonalTrainerNetwork.com
to locate the material and explain why you think
an infringement has taken place;
- A description of the location where the original
or an authorized copy of the copyrighted work exists
-- for example, the URL (Internet address) where
it is posted or the name of the book in which it
has been published;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law and 6. A statement by
you, made under penalty of perjury, that the information
in your Notice is accurate, and that you are the
copyright owner or authorized to act on the copyright
owner's behalf.
PersonalTrainerNetwork.com's Copyright Agent for Notice
of Claims of Copyright Infringement can be reached
at the following information: by mail, General Counsel
and Copyright Agent, PersonalTrainerNetwork.com, 11
Warwick Suite #1, Brookline, MA 02445, by e-mail, mail@PersonalTrainerNetwork.com.
PersonalTrainerNetwork.com will terminate access to
the Site of those who engage in repeated acts of infringement.
Limited License
PersonalTrainerNetwork.com grants Client and Personal Trainer a nonexclusive,
revocable right to use the Site provided that Client and Personal Trainer
do not (i) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
(ii) modify or attempt to modify the Site in any manner or form.
Modifications to the Site
PersonalTrainerNetwork.com reserves the right in its sole discretion
to review, improve, modify or discontinue, temporarily or permanently,
the Site or any content or information on the Site with or without
notice to Client or Personal Trainer. Personal Trainers and Clients
have the same rights with regard to their self-generated content on
the Site. Personal Trainer and Client agree that PersonalTrainerNetwork.com
shall not be liable to Personal Trainer, Client or any third party
for any modification or discontinuance of the Site.
Privacy
PersonalTrainerNetwork.com's Privacy Statement located on its Site as
modified by PersonalTrainerNetwork.com from time to time shall govern
any disclosure or use of Client and Personal Trainer's personal information.
By using this Site, you do hereby represent, understand and agree that
you have reviewed and agree to those terms.
Learner account, password and security
Personal Trainer and Client are responsible for maintaining the confidentiality
of any password and account number provided by themselves or PersonalTrainerNetwork.com
for accessing the Site, and are fully responsible for all activities
that occur under Client or Personal Trainer's password or account.
Client or Personal Trainer agrees to immediately notify PersonalTrainerNetwork.com
of any unauthorized use of Client or Personal Trainer's password or
account or any other breach of security.
No Agency
You and PersonalTrainerNetwork.com are not legally affiliated in any
way by virtue of your usage of PersonalTrainerNetwork.com's Site or
intellectual property other than the terms and conditions stated in
this User Agreement and no independent contractor, agency, partnership,
joint venture, employer-employee or franchiser-franchisee relationship
is intended or created by this agreement. PersonalTrainerNetwork.com
is not an employment service and does not serve as an employer of the
Personal Trainers that may use this Site. PersonalTrainerNetwork.com
is only a venue for connecting Personal Trainers and Clients. As such,
PersonalTrainerNetwork.com expressly disclaims any liability that may
arise between users of its Site.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE
RISK. NEITHER PERSONALTRAINERNETWORK.COM NOR ITS AFFILIATES OR LICENSORS
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR
PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE
THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING
ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF
YOUR USE OF THE INFORMATION. PERSONAL TRAINER NETWORK INC. AND AFFILIATES
DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES,
OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE
MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS NOT DISCLOSED,
ONLY TO THOSE SPECIFIED BY USERS. PERSONALTRAINERNETWORK.COM CANNOT
AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED
BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED
OR USED BY OTHERS. USERS AGREE NOT TO HOLD PERSONALTRAINERNETWORK.COM
LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY
SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF
INFORMATION PROVIDED THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL
NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE
OR INABILITY TO USE THE SITE.
Limitation of Liability
Under no circumstances will PersonalTrainerNetwork.com or its Affiliates
be liable to Client or Personal Trainer for any indirect, incidental,
consequential, special or exemplary damages arising from any provision
of this Agreement. Any notice or other communication to be given hereunder
will be in writing and given by facsimile, postpaid registered or certified
mail return receipt requested, or electronic mail.
Arbitration
Any controversy or claim arising out of or relating to this Agreement
or our services shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be conducted
in Chicago, Illinois and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or PersonalTrainerNetwork.com
may seek any interim or preliminary relief from a court of competent
jurisdiction in Chicago, Illinois, necessary to protect the rights
of property for you or PersonalTrainerNetwork.com pending the completion
of arbitration.
General Provisions
Failure by PersonalTrainerNetwork.com to enforce any provision(s) of
this User Agreement shall not be construed as a waiver of any provision
or right. These Terms of Use, and all other aspects of use of the Site,
shall be governed by and construed in accordance with the laws of the
State of Illinois, without regard to its conflict of laws rules. All
claims and disputes arising out of these Terms of Use or use of the
Site, other than action for a specific performance or an injunctive
relief brought by PersonalTrainerNetwork.com, shall be exclusively
brought in the federal, state or local courts located in Chicago, Illinois;
and, with regard to such claims and disputes, Users hereby irrevocably
(i) submit to the exercise of personal jurisdiction over them by these
courts, and (ii) waive any jurisdictional, venue or inconvenient forum
objections to such courts. These Terms of Use constitute the entire
agreement between Users and PersonalTrainerNetwork.com with respect
to the Site. If any provision of these Terms of Use is found to be
invalid or unenforceable, the remaining provisions shall be enforced
to the fullest extent possible, and the remaining Terms of Use shall
remain in full force and effect. These Terms of Use inure to the benefit
of PersonalTrainerNetwork.com, its successors and assigns.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the
partner, joint venture, agent, legal representative, employer, contractor
or employee of the other. Neither party shall have, or hold itself
out to any third party as having, any authority to make any statements,
representations or commitments of any kind, or to take any action,
that shall be binding on the other, except as provided for herein or
authorized in writing by the party to be bound. This Agreement shall
be interpreted in accordance with the laws of the State of Illinois
(excluding any rules governing choice of laws) and any legal proceeding
arising out this Agreement will occur in Chicago, Illinois. This Agreement
will be binding on and will inure to the benefit of the legal representatives,
successors and assigns of the parties hereto. This Agreement (and the
policies referenced herein and incorporated by reference) constitutes
the entire agreement between PersonalTrainerNetwork.com and Client
and Personal Trainer with respect to the subject matter hereof, and
Client and Personal Trainer have not relied upon any promises or representations
by PersonalTrainerNetwork.com with respect to the subject matter except
as set forth herein. |
630-541-5433