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TERMS OF USING THIS SITE
IF YOU USE THIS SITE, YOU ARE AGREEING TO OUR TERMS.
By using this site ["website"], you are agreeing to our terms of use. If you do not agree
to these terms, please do not use the site. We reserve the right to make
changes to the site at any time, so check back regularly for updates. By
using the site following an update, you are agreeing to the terms of the
update.
Web Alchemy and Technology Solutions Inc. own this site. Within this site and these terms of use, when
we say "WorkoutPros.com™," "we," "us," or
"our," we mean Web Alchemy and Technology Solutions Inc.. This site contains trademarks,
service marks and other material furnished by Web Alchemy and Technology Solutions Inc. and our licensor's.
It should be assumed that everything seen, heard, or read on the site (such as
text, images, photographs, sound files, movie files, and other materials, as
well as the Site's overall design and configuration) ("Content") is
copyrighted unless otherwise noted.
WE ARE GIVING YOU A LIMITED PERSONAL RIGHT TO USE OUR MATERIALS; COMMERCIAL
USE IS PROHIBITED; NOTICE OF COPYRIGHT AND TRADEMARK RIGHTS
Copyright © 2003-2008 by WorkoutPros.com™. All rights reserved.
Copyright © 1999-2008 by Technology Solutions Inc. All rights reserved.
Copyright © 1998-2008 by Web Alchemy. All rights reserved.
WorkoutPros.com™, WorkoutPros.com, are all service marks of WorkoutPros.com™.
All other marks contained on this site are the sole property of the parties indicated.
No site "Content" may be sold, copied, reproduced, republished, uploaded, displayed,
posted, transmitted, distributed, modified, publicly performed, used in any
derivative works based thereon, or otherwise used for any public or commercial
purpose without the prior written consent of WorkoutPros.com™ or, where applicable,
our licensors. However, you may download one copy of any Content onto any
single computer and you may print copies of that Content for your personal,
noncommercial use only, provided you keep intact all copyright and other
proprietary notices appearing therein. Changing any Content or using the
Content in any other way is a violation of our rights. The use of any Content
without our permission on any other site or computer network is prohibited.
When you download content from the site, we are granting you a limited license
to use the Content, as stated above. You do not own the Content (whether it is
software, text, data, images, etc.) that you download. The materials that you
download always remain our property or that of our licensors. You are not
allowed to redistribute, sell, decompile, reverse engineer, disassemble, or
otherwise reduce the code downloaded or obtained in any way from this site into
a human-readable form.
Job Applications
Job applications that are sent to us, are submitted to us without reservation.
We may evaluate any and all such applications both internally and with any and all
available third parties. In the event that you do not want us to completely
evaluate your application, you need to make that clear to us in writing at the
time you submit your resume and other personal information.
BAD BEHAVIOR IS PROHIBITED
Within this site, you are not allowed to distribute (by whatever means) content
that is libelous, defamatory, obscene, pornographic, threatening, invasive of
privacy or publicity rights, abusive, illegal, or that we otherwise deem
distasteful or objectionable (at our sole discretion).
You are not allowed to use our chat areas, bulletin boards or email service in
any commercial manner. Any commercial solicitation by you of our other guests
is prohibited. Guests are solely responsible for the content of their own messages.
IF YOU SEND US SOMETHING, WE CAN USE IT ANY WAY WE CHOOSE
By submitting any materials to us, you are granting to us a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use such materials
in any way we may choose.
IF YOU USE OUR TOOLS TO CREATE CONTENT
By creating content (i.e., exercise details and images, exercise programs,
workout programs, fitness articles, etc.) for us using our on-line tools,
such as ProgramPro™ or Program Builder you are granting to us a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use such
materials in any way we may choose.
Content found on WorkoutPros.com™ is not for profit or resale by members or
visitors. No Content may be sold, copied, reproduced, republished, uploaded,
displayed, posted, transmitted, distributed, modified, publicly performed,
used in any derivative works based thereon, or otherwise used for any public
or commercial purpose without the prior written consent of WorkoutPros.com™ or,
where applicable, our licensors. However, you may download one copy of any
Content onto any single computer and you may print copies of that Content
for your personal, noncommercial use only, provided you keep intact all
copyright and other proprietary notices appearing therein. Changing any
Content or using the Content in any other way is a violation of our rights.
The use of any Content without our permission on any other site or computer
network is prohibited.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in this site are presented solely for
the purposes of entertainment and the promotion of products and services
available in the United States. We control and operate this site from our
offices in Milpitas, California, U.S.A. We make no claims that our content is
appropriate for use outside of the United States. If you choose to use this
site from outside of the United States, you are solely responsible for
compliance with your local laws.
TERMINATION
These terms are effective until terminated by either party. You may terminate
these terms at any time by destroying all materials obtained from this site.
These terms will terminate immediately without notice from us if we determine,
in our sole discretion, that you have failed to comply with our terms. Upon
termination, you must destroy all materials obtained from this site.
DISCLAIMERS
THE MATERIALS IN OUR SITES ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WorkoutPros.com™ DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WorkoutPros.com™ DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR
ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WorkoutPros.com™
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WorkoutPros.com™) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
Further, we explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or from this site
belonging to third parties not associated with us. We encourage discretion when
browsing the Internet using our or anyone else's service. Because some sites
employ automated search results or otherwise link you to sites containing
information that may be deemed inappropriate or offensive, we cannot be held
responsible for the accuracy, copyright compliance, legality, or decency of
material contained in third-party sites, and you hereby irrevocably waive any
claim against us with respect to such sites.
We cannot ensure that you will be satisfied with any products or services that
you purchase from third-party product and service providers included within
this site, since such third-party product or service providers are owned and
operated by independent businesses. With respect to third-party sites that link
to or out of this site, we have not taken any steps to confirm the accuracy or
reliability of any of the information contained in such third-party sites. We
do not make any representations or warranties as to the security of any
information (including, without limitation, credit card and other personal
information) you might be requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such sites. We strongly
encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
MEDICAL DISCLAIMERS
The information on this site is for entertainment and personal knowledge
enrichment only and is not intended to be a substitute for professional medical
advice. You should not use the information on this site to diagnose or treat a
health problem or disease without consulting with a qualified healthcare
provider. Please consult your healthcare provider with any questions or
concerns you may have regarding your condition.
LEGAL DISCLAIMER
”you should consult with your physician before beginning any exercise program
and should immediately stop such program in the event that you experience any
chest pain, unusual side effects or sign of over-exhaustion, heart attack or
other injury or illness. We are not responsible for any injuries or damages
suffered by someone using the information on the web site without such
consultation prior to such use.
GENERAL TUTORIAL DISCLAIMER
All information presented on this site is for entertainment and personal
knowledge enrichment only. You are urged to perform independent research and to
seek expert advice on the topics presented in this site. You must not rely on
the information presented in this site as your sole source of information on
any topic; your reliance on such information is strictly at your own risk.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WorkoutPros.com™ BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF
WorkoutPros.com™ OR A WorkoutPros.com™ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WorkoutPros.com™'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
OTHER
These terms shall be governed by and construed in accordance with the laws of
the State of California, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising out of or
relating to these terms or arising out of this site shall be resolved through
biding arbitration using the then current rules of the American Arbitration
Association, in California, and the resulting decisions may be entered in any
court with proper jurisdiction. This means that if you have a grievance with
us, you cannot take us to court. You can address such grievances through
arbitration only and you are hereby consenting to do it in San Jose,
California, using California' laws (without regard to California's conflicts of
laws). If any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severed from these
terms (or reformed, if necessary), and shall not affect the validity and
enforceability of any remaining provisions. Alternatively, such provision may
also be modified if necessary to the extent necessary for its validity.
© 1998-2008 Web Alchemy and Technology Solutions Inc.
OUR PRIVACY POLICY
When using this site, we may collect personal
information about you. We may collect personal information from you when you
(i) participate in contests and giveaways, (ii) go through a registration
process, and (iii) shop online and participate in rebates. In addition, we also
collect information from you when you identify yourself for the purpose of
participating in chat areas, bulletin boards, etc. We may use such information
to fulfill prizes, to track compliance with our policies, for advertising and
marketing purposes, for sale to our strategic partners or other third parties
(you will have the option to opt out of such transactions), or for editorial
and feedback purposes (to the extent that is explained when guests provide the
information). In the event that we plan to post any such information on a site,
guests are provided prior notification of such posting and given the option of
preventing such posting.
To stop receiving email updates from us, follow the simple instructions
contained in the email newsletters.
OUR "REAL" POLICY AFTER THE LEGALESE HAS BEEN STATED
Concerning our policies on member information, it's protection, and your privacy:
our Management takes privacy very seriously. WorkoutPros.com™ is not currently
providing our members' information to anyone. In the future, if a decision is made
to use our membership data in any way that would jeopardize the confidential
relationship we've fostered with our members, each and every member would be
told of such a policy change.
Upon such a change, each and every member would be given the opportunity to request
that we we DO NOT share their email address or other information with anyone.
Our policies and beliefs are such that we place the decision solely with
our members about the use of their personal data and email addresses.
POLICIES FOR CHILDREN UNDER 13
We encourage parents to spend time online with their children and to
participate in the interactive activities offered on this site. Children under
the age of 13 should not submit any information to the site without their
parents' consent. Unless disclosed during collection, we will not provide any
personal information of children under 13 to any third party for any purpose
whatsoever. When a guest under 13 registers, we will provide parents with the
ability to delete such registration. Email addresses of children under 13 are
never posted for public view within our site. Parents should be forewarned that
there are disclosures of information that may be made by children under 13 that
are not within our control (e.g., disclosures on chat lines and bulletin
boards, etc.). You should always monitor your children's activities with
respect to chat lines and bulletin boards on the internet. Additionally, if a
guest does not identify his/her proper age, we will have no way of verifying
actual age with respect to our privacy policy.
POLICIES FOR CHILDREN 13 AND OVER
With the permission of a guest who is 13 years of age or over, information
submitted at the time of registration or submission may be used for marketing
and promotional purposes by us and may be shared with our affiliates or
companies that have been prescreened by us. If a guest objects to such use for
any reason, he/she may stop that use -- either by email request or by
modifying his/her registration information online. Once you have registered
with us, every effort will be made to maintain your information in a secure
environment by us.
ABOUT IP ADDRESSES
We collect IP addresses for the purposes of system administration and to report
aggregate information to our advertisers and partners.
An IP address is a number that's automatically assigned to your computer whenever
you are on the Web. Your computer can be identified on the Internet through
your IP address.
When guests request pages from our site, our servers log the guests' IP
addresses. We do not link IP addresses to anything personally identifiable
unless a guest registers with us. This means that an unregistered user's
session will be logged, but the user remains anonymous to us.
USING COOKIES
Cookies are pieces of information that a Web site transfers to an individual's
hard drive for record-keeping purposes. Cookies make the Internet easier for
you by saving your passwords, purchases, and preferences while you're at our
site. Our site uses cookies for many purposes. The use of cookies is an
industry standard -- you'll find them at most major Web sites.
LINKS TO OTHER SITES
You should be aware that while on our site you could be directed to other sites
that are beyond our control. There are links to other sites from WorkoutPros.com™
that take you outside our service. For example, if you click on a banner
advertisement or a link to another site, the click may take you off the
WorkoutPros.com™ site. This includes links from advertisers, sponsors, and partners
that may use WorkoutPros.com™'s logo as part of a co-branding agreement. These other
sites may send their own cookies to users, or otherwise collect data or solicit
personal information. You should always be aware of the site that's currently
serving you.
Please keep in mind that whenever you give out personal information online -
for example, via message boards or chat - that information can be collected and
used by people you don't know. We cannot guarantee the security of any
information you disclose online, and you do so at your own risk.
SECURITY POLICY
The importance of security for all personal information associated with our
guests is of utmost concern to us. We exercise great care in providing secure
transmission of your information from your PC to our servers, utilizing
encryption software. Only those employees who need access to your information in
order to do their jobs are allowed access.
YOUR ACCEPTANCE OF THESE TERMS
By using this site, you agree to the Terms of Use and to our Privacy Policy. If
you do not agree to these policies, please do not use our site. Your continued
use of our site following the posting of changes to these terms will mean you
accept those changes. You can send email to us with any further questions.
© 1998-2008 Web Alchemy and Technology Solutions Inc.
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