MyFitnessTrainer.Com

Terms of Use and Conditions

By accessing and using this web site of My Fitness Trainer.com, you are agreeing to be bound by these terms of use and conditions (including: privacy statement, disclaimer, no guarantee, age restriction, copyright, membership agreement, etc.) and all applicable laws and regulations. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THIS SITE. These Terms of Use may change from time to time without notice and it is your responsibility to check for updates. By using this Site you are agreeing to be bound by the then current version of these Terms of Use. The last revision date for these Terms of Use is set forth below.

Last revision date: February 17, 2006

Privacy Statement

My Fitness Trainer.com has strict policies and procedures designed to protect the privacy of our visitors.

At various pages in our Site you may be asked to provide us with information. This information may include contact information (name, address, email address, etc.), financial information (credit card number) medical history (illnesses and conditions), exercise history (current exercises) and goals (lose weight, gain strength, etc), age/gender, etc. Your contact information may be used by My Fitness Trainer.com to provide you with your training programs, to communicate with you about your program or to provide you with other information that My Fitness Trainer.com considers valuable to you. Financial information is collected to enable us to bill for products or services. Profile information is collected so that we may personalize your training program. My Fitness Trainer.com will not share your personal information with any external organization nor will we sell any personal information about you, including your email address. Any personal information you provide is protected internally. This information may be used to contact the customer if there is a question or problem with a purchase made.

We reserve the right to use the content of your emails in our "testimonials" section of the site.

We use certain information provided by you to determine trends and visitor needs. This information may be analyzed to improve this Site.

This Site contains links to other sites and My Fitness Trainer.com is not responsible for the privacy practices or the content of such web sites.

Your IP address is automatically collected on our website. We use your IP address to help diagnose problems with our server and to administer our Web site. Your IP address is also used to help identify you.

Cookies are used on our Site. A cookie is a piece of data stored on the member's hard drive containing information about the user. These cookies are used to enhance our members' experience while on the My Fitness Trainer.com website. For example, placement of a cookie means My Fitness Trainer.com members would not have to log in their password more than once, which saves the member time.

This site provides on-line chat opportunities available to its customers. The chat sessions are done over a public instant message program that is not guaranteed to be secure. Customers should exercise caution when disclosing any personal information during the chat sessions. My Fitness Trainer.com may record and log all chat conversations with its customers for audit purposes. Recordings may also be used to enhance a customer's training program.

No Guarantee

My Fitness Trainer.com is a virtual fitness training website.  You will not have personal contact with a fitness trainer.  My Fitness Trainer.com does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the information on the site or of any product or services referenced on the site.

You acknowledge that My Fitness Trainer.com, its employees, heirs, directors, officers, agents, representatives, successors and assigns, administrators, executors, and other parties involved in the creation, production or delivery of the site will not be held liable for any damages suffered or incurred by you or any third person arising out of.

(a) any fault, interruptions or delays in the provision of the site; or

(b) any inaccuracies, errors or omission in the site or any product or services referenced on the site, however such faults, interruptions, delays, inaccuracies, errors or omissions arise.

Liability Disclaimer

As with all programs, techniques, and materials related to health, exercise and fitness, you are strongly urged to consult a physician or other appropriate health-care professional before using any of the products and services made available by or through My Fitness Trainer.com. If you have chosen not to obtain a physician's permission prior to beginning this program with My Fitness Trainer.com then you are doing so at your own risk. My Fitness Trainer.com cannot guarantee that such products and services will be safe, effective or suitable for everyone. For that reason, all such products and services, and the programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, express or implied, and My Fitness Trainer.com disclaims any liability, loss or damages that may result from their use.

By accepting the terms of this agreement, you are stating that you fully understand that you are solely responsible for the way that the information within this Website and within all forms of communication received from My Fitness Trainer.com is perceived and utilized and do so at your own risk. By accepting the terms of this agreement, you are acknowledging that all types of exercise are potentially hazardous activities and may cause injury and even death. You are stating that you are voluntarily participating in these activities. By accepting the terms of this agreement, on behalf of yourself, your heirs, assigns, insurance companies, executors and administrators, you are acknowledging that you do hereby waive, release and forever discharge My Fitness Trainer.com and their respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from or connected with your participation in any of the My Fitness Trainer.com exercise programs (including the Newsletter) whether arising from the negligence of the releasees or otherwise. All of the information provided on the My Fitness Trainer.com website and through any My Fitness Trainer.com communication is made without warrantee or guarantee, express or implied. This website (and all communication received from My Fitness Trainer.com) provides My Fitness Trainer.com opinion in regards to the subject matter contained herein. You acknowledge and agree that no warranties or representations have been made to you regarding the results you will achieve from this program. You understand that results vary from one individual to another.

My Fitness Trainer.com offers no warranties or representations regarding the advice, instructions, e-mail advice or any other information contained in this Website. My Fitness Trainer.com disclaims any responsibility and all warranties, representations and conditions regarding the site or the information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, whether expressed or implied, or arising from a course of dealing, usage or trade practice and shall not be liable for any damages, claims, liabilities, costs or obligations including any direct, indirect, special, incidental, punitive or consequential damages (collectively the "damages") whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the site or the information whether such damages arise in contract, tort, negligence, equity or statute law or by way of any other legal theory regardless of whether such damages could have been foreseen.

You agree that all the personal information (e.g. your medical history) provided by you to My Fitness Trainer.com is true and accurate. And, you agree to notify My Fitness Trainer.com if any of your personal information changes in the future while you are still a member of My Fitness Trainer.com.

The Information on the Site (and within any forms of communication from My Fitness Trainer.com) is provided for information and education purposes only. The Information is not intended to be and does not constitute healthcare or medical advice. The Information is not intended to be and must not be used for diagnosis. The Information on this Site is general in nature and is not specific to you. You are responsible for the way this information is perceived and utilized, and do so at your own risk. You should not make any decision regarding treatment and/or medication based on any of the Information on this Site. Any decision concerning your health, treatment and/or medication should be made in consultation with a qualified healthcare professional.

Any nutritional information on the Site is intended for informational and educational purposes only. Nutritional information is provided by a My Fitness Trainer.com personal trainer, not by a registered dietician or other medical professional. My Fitness Trainer.com does not employ dieticians or any other medical professionals.

Age Restriction

You must be at least 18 years old to use the information on this Site. If you are under 18 years old, then you must have permission from a parent or legal guardian to use this Site.

Copyright

Copyright 2004 My Fitness Trainer.com All rights reserved. You should assume that everything you see or read on this Web site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use and Conditions or in the text on the Web site without the written permission of My Fitness Trainer.com. My Fitness Trainer.com neither warrants nor represents that your use of materials displayed on the Web site will not infringe rights of the third parties not owned by or affiliated with My Fitness Trainer.com. Images, photographs, or illustrations displayed on the Web site are either the property of, or used with permission by My Fitness Trainer.com. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Membership Agreement

Membership fees are not refundable. Memberships are not transferable and only you are authorized to use this membership. Only registered My Fitness Trainer.com members have permission to view and print any and all of the information provided within the My Fitness Trainer.com website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of My Fitness Trainer.com. You may cancel your membership at any time (but no refund will be provided on programs already purchased). Your membership will automatically renew until My Fitness Trainer.com receives cancellation notice from you. Automatic renewal dates are based on the date that you provide payment through PayPal.

My Fitness Trainer.com members will receive a password that provides access to Members Only areas of the website. The My Fitness Trainer.com membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password is violating the conditions of this agreement. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.

My Fitness Trainer.com reserves the right to deny services to anyone.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE AND CONDITIONS DETAILED IN ALL OF THE ABOVE PARAGRAPHS, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SITE.

If you have any questions about these Terms of Use and Conditions, contact My Fitness Trainer.com by e-mailing us from our contact page.

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