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Terms & Conditions

Welcome to Pro Fitness Body Solutions, LLC (”Pro Fitness Body Solutions”, “us” or “we”).  You (sometimes referred to as “User”) must agree to the Terms of Service/User Agreement (“Agreement”) in order to proceed with your use of any of the Pro Fitness Body Solutions or Pro Fitness Body Solutions sponsored Websites (“Sites”) and the Products or Services which are provided by Pro Fitness Body Solutions.  By using any of the Sites, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. 

Please review the following terms carefully, as they govern the relationship between you and Pro Fitness Body Solutions and constitute a legally binding agreement.  If you do not agree to these terms, you may not open an account with this website, and you should not continue through the registration process or otherwise use any Site(s).  By accessing or using the Site(s) and/or requesting any telephonic consultation offered through any of the Site(s), you represent that you are at least 18 years of age, that you possess the legal right and ability to enter into this Agreement, and that you agree to be bound by the terms of this Agreement.  You further agree to be financially responsible for you use of the Site(s) (as well as for the use of your account by others, including minors living with you) and to comply with you responsibilities and obligations as stated in this Agreement.

Acceptance of Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES, PRODUCTS AND/OR SERVICES.  BY ACCESSING OR USING THE SITES, PRODUCTS AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES, PRODUCTS AND/OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE.  

Pro Fitness Body Solutions reserves the right in its sole discretion to modify this agreement at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified agreement on the site or via email.  Your use of any of the Sites, Products and/or Services following such notice shall be deemed your acceptance of such changes.  You understand and agree that any such modifications or additional terms are hereby incorporated by reference into this agreement.  You agree to review the agreement periodically to be aware of such modifications.  Your continued access or use of the Site(s), products and/or Services after any such modification shall be deemed your conclusive acceptance of the modified agreement.  If we request, you irrevocably agree to sign a non-electronic version of this agreement.

 

 

Disclaimer of Warranties

Pro Fitness Body Solutions makes no promises or guarantees regarding the results of your use of its Sites, Products OR Services. 

THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRO FITNESS BODY SOLUTIONS AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION IS CURRENT, ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. 

NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PRO FITNESS BODY SOLUTIONS PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

PRO FITNESS BODY SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES OR INDIVIDUALS INCLUDED OR LISTED ON THIS SITE.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPOUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Professional Advice Disclaimer

THIS SITE AND THE RELATED SERVICES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. If you are over 35, OVERWEIGHT or have been inactive for a few years, see your physician before beginning any exercise program. This is especially important if your family has a history of heart disease, high blood pressure, high cholesterol, diabetes, arthritis, obesity, cigarette smoking, or other health conditions. THE USE OF ANY INFORMATION PROVIDED TO YOU IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND PRO FITNESS BODY SOLUTIONS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY EXERCISE AND/OR WEIGHT LOSS EFFORT OR REGIMEN.  THIS SITE IS NOT INTENDED FOR USE BY MINORS, PREGNANT WOMEN, OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION.  SUCH INDIVIDUALS ARE SPECIFICALLY WARNED TO SEEK MEDICAL ADVICE PRIOR TO INITIATING ANY FORM OF EXERCISE AND/OR WEIGHT LOSS EFFORT OR REGIMEN.

Pro Fitness Body Solutions does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on its Sites unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind.  User is advised to exercise his/her own informed review, judgment and evaluation in the selection of any and all medical professionals and health information.

Limitation of Liability

NEITHER PRO FITNESS BODY SOLUTIONS NOR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL PRO FITNESS BODY SOLUTIONS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES, PRODUCTS OR SERVICES.

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PRO FITNESS BODY SOLUTIONS AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Acceptance of Risk

Pro Fitness Body Solutions makes no representations about the results to be obtained from using its Sites, Products or Services.  The use of the Sites and the Content is at your own risk.

You acknowledge that there is a risk of injury associated with any exercise activity. Always use safe techniques and protective equipment when engaging in exercise. We will always try to provide you with the safest and most effective exercise methods and techniques however, we cannot guarantee you that injuries will not occur. If you are unfamiliar with or do not understand the proper techniques and/or use of the equipment for the exercises you intend to perform, please seek advice and assistance before performing them. Pro Fitness Body Solutions is not responsible or liable for any injury that may result from improper use of any exercise programs. By using this Site, you agree to accept all risks associated with any exercise program developed for you and that you will not hold Pro Fitness Body Solutions liable for any injury that may occur.

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

Indemnification

You agree to indemnify, defend, and hold Pro Fitness Body Solutions and its subsidiaries, affiliates, members, officers, directors, agents, co-branders or other partners, insurers, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees, expert witness fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Pro Fitness Body Solutions or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This Section  shall survive in the event this Agreement is terminated for any reason.

Release

uSer, including user’s assignees, heirs, distributees, guardians and legal representatives,  release Pro Fitness Body Solutions from all actions, claims, demands that uSER OR USER’S assignees, heirs, distributees, guardians and legal representatives now have or may hereafter have for injury or damage resulting from USE OF ITS SITES,  PRODUCTS AND/OR SERVICES.    

Privacy

Please review Pro Fitness Body Solutions Privacy Policy with respect to the collection and use of your personally identifiable information.  By accepting this Agreement, you acknowledge this policy.

Electronic Communications and Rights to Idea Submission

When you visit our Sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Pro Fitness Body Solutions values feedback from our customers.  In your communications with Pro Fitness Body Solutions, Pro Fitness Body Solutions does not accept or consider any creative ideas or suggestions unless we have specifically requested them. Therefore, please do not send to Pro Fitness Body Solutions any creative or original materials such as ideas for products, or any other creative suggestions, ideas, concepts or other information.  We are continuously launching new products and services, and devising new marketing strategies.  Often, these ideas are in the developmental stage for years prior to actually being launched.  If you choose to forward or transmit to Pro Fitness Body Solutions Sites by electronic mail or otherwise any suggestion-type communication or material, including any personal data, questions or answers, comments, suggestions, or the like, such materials will be treated as non-confidential and non-proprietary.  Furthermore, Pro Fitness Body Solutions is free to use any ideas or concepts contained in any communication you send for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information.

Proprietary Rights

You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Pro Fitness Body Solutions or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Pro Fitness Body Solutions or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, ” Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Pro Fitness Body Solutions shall be fully paid-up and royalty free. In addition, under no circumstances shall Pro Fitness Body Solutions have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Pro Fitness Body Solutions ’s business through a merger, sale or transfer of all or substantially all of the assets of Pro Fitness Body Solutions, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.

None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Pro Fitness Body Solutions s part and we shall not be liable for any use or disclosure of any such Submission Materials.

License and Site Access

Pro Fitness Body Solutions grants to you a limited personal, revocable, non-exclusive and non-transferable right and license to access and use its Sites and Products and Services.  Any unauthorized use terminates the permission or license granted by Pro Fitness Body Solutions.  Pro Fitness Body Solutions Sites, Products and/or Services may contain, without limitation, nutrition plans, workout and exercise programs, blogs, email services, newsletters, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications.  Unless otherwise specified in writing, the Sites, Products and/or Services are for your personal and non-commercial use, and does not include any resale or commercial use of the Sites or Products and Services or its contents; any collection and use of any product and service listings, descriptions, or prices; any derivative use of the Sites or Products and Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Pro Fitness Body Solutions Sites and Products and Services, or any portion of, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Pro Fitness Body Solutions.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Pro Fitness Body Solutions Sites so long as the link does not portray Pro Fitness Body Solutions, its affiliates, or their products and services in a false, misleading, derogatory, or otherwise offensive manner.

Account Security

As part of the registration process, you will be asked to select a username and password. You must complete the registration process by providing Pro Fitness Body Solutions with current, complete and accurate information, as prompted by the applicable registration form. You are entirely responsible for maintaining the security and confidentiality of your account and password, and all activities and conduct, whether by you or anyone else, that is conducted through your account.  You agree to notify Pro Fitness Body Solutions immediately of any unauthorized use of your account or any other breach of security. Pro Fitness Body Solutions will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Pro Fitness Body Solutions or another party due to someone else using your account or password.

Pro Fitness Body Solutions and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

You agree to fulfill all payment obligations ASSOCIATED WITH THE APPLICABLE ACCOUNT REGISTRATION FORM and agree that you are not entitled to any refund for any reason. 

Online Conduct

User agrees to use Sites only for lawful purposes.  User agrees not to copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Products and Services. 

User is prohibited from posting on or transmitting through Sites any unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.  User is also prohibited from impersonating any person or entity, falsely state or otherwise misrepresent your affiliation with such a person or entity, deleting or revising any material posted by any other person or entity, manipulating or otherwise displaying the Sites or the Products and Services by using framing or similar navigational technology, registering, subscribing, attempting to register, attempting to subscribe, unsubscribe, or attempting to unsubscribe, any party for any Pro Fitness Body Solutions Product or Service if you are not expressly authorized by such party to do so.  User will not use the Sites or the Products and Services for any purpose that is unlawful or prohibited by these terms and conditions. User may not use the Sites or the Products and Services in any manner that could damage, disable, overburden or impair Pro Fitness Body Solutions servers or networks, or interfere with any other user’s use and enjoyment of the Sites or the Products and Services.  Furthermore, user may not attempt to gain unauthorized access to any of the Sites, Products, Services, accounts, computer systems or networks connected to Pro Fitness Body Solutions through hacking, password mining or any other means. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Products and Services.  Furthermore, user agrees not to post or transmit any material that contains a virus or corrupted data, post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise, or use of any Sites communications features in a manner that adversely affects the availability of its resources to other users.

If Pro Fitness Body Solutions is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Pro Fitness Body Solutions may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Sites. Pro Fitness Body Solutions may disclose any content or electronic communication of any kind to satisfy any law, regulation, or government request; if such disclosure is necessary or appropriate to operate the Sites; or to protect the rights or property of Pro Fitness Body Solutions, its Users or Providers.

Pro Fitness Body Solutions reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, its Sites, or any rights of Pro Fitness Body Solutions or any third party, or to violate any applicable law.  Notwithstanding the foregoing, neither Pro Fitness Body Solutions nor its Providers can ensure prompt removal of questionable content after online posting.  Accordingly, neither Pro Fitness Body Solutions, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Sites.

Account Billing Transactions and Policies

Certain Products and Services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these Products or Services, you will be asked by Pro Fitness Body Solutions or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card or paypal information. You agree to provide Pro Fitness Body Solutions or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the Product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.

Some Products and Services offered by Pro Fitness Body Solutions are subscription-based. If you open a subscription-based account with any of Pro Fitness Body Solutions Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Pro Fitness Body Solutions reserves the right to change the amount of, or basis for determining, any fees or charges for Products and Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.

Your right to use the Product or Service is conditional upon our receipt of payment.  If payment cannot be charged to your credit card or paypal account or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all Pro Fitness Body Solutions obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.

Third Party Content

Pro Fitness Body Solutions Sites contain information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”).  In the Content supplied by Users or third parties other than Pro Fitness Body Solutions, Pro Fitness Body Solutions is a distributor and not a publisher. Pro Fitness Body Solutions has no more editorial control over such third-party or User Content than does a public library or newsstand.  Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Pro Fitness Body Solutions are those of the respective authors or distributors and not of Pro Fitness Body Solutions.  Neither Pro Fitness Body Solutions nor any third party, including any Provider, or any User of Pro Fitness Body Solutions Sites, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose.  In many instances, the Content available through this site represents the opinions and judgments of the respective Provider or User not under contract with Pro Fitness Body Solutions.  Pro Fitness Body Solutions neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized Pro Fitness Body Solutions employees. Under no circumstances shall Pro Fitness Body Solutions be liable for any loss, damage or harm caused by a User’s reliance on information obtained through this site. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through this site.

Your participation, correspondence or business dealings with any third party found on or through our Sites and/or Products Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.  You agree that Pro Fitness Body Solutions shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

Links to Other Sites

This site may reference or link to third-party sites throughout the World Wide Web.  Pro Fitness Body Solutions has no control over these sites or the content within them.  Pro Fitness Body Solutions cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive.  Pro Fitness Body Solutions does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer.  Pro Fitness Body Solutions does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.  You should carefully review their privacy statements and other terms and conditions of use.  By using Pro Fitness Body Solutions Sites to search for or link to another site, you agree and understand that you may not make any claim against Pro Fitness Body Solutions for any damages or losses, whatsoever, resulting from your use of Pro Fitness Body Solutions Sites to obtain search results or to link to another site.

Copyrights and Proprietary and Confidential Information

The Pro Fit Nutrition Systems Dynamic Diet and Nutrition Planner (“Planner”) is a copyright protected software program that is only available on Pro Fitness Body Solutions Sites and is protected by United States and international copyright law. Pro Fitness Body Solutions enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code.  All rights are reserved.

Pro Fitness Body Solutions Sites and Products and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Pro Fitness Body Solutions or its licensors.  Any content contained in advertisements or information presented to you through advertisers concerning Pro Fitness Body Solutions or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Copyright Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Pro Fitness Body Solutions infringe your copyright, you, or your agent may send to Pro Fitness Body Solutions a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Pro Fitness Body Solutions actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Pro Fitness Body Solutions a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

Pro Fitness Body Solutions’ Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:

Designated Agent:  Anthony Kakuk

Address of Agent:  27901 La Paz Road, Suite F, Laguna Niguel, CA  92677

Telephone:  949-425-9265

Fax:  949-425-9275

E-mail for notice:  info@gotpersonaltrainer.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Indemnity

You agree to defend, indemnify, and hold Pro Fitness Body Solutions and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

You agree to indemnify, defend, and hold Pro Fitness Body Solutions and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from your breach of this Agreement, any allegation that any materials that you submit to Pro Fitness Body Solutions or post on its Sites infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and your access or use of the Sites or Products and Services. This Indemnity Section shall survive in the event this Agreement is terminated for any reason.

Termination

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Pro Fitness Body Solutions, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Products and Services, and remove and discard any content within the Sites, at any time and for any reason.  You agree that any actions taken under this Termination Section may be effective without prior notice to you.  In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

Governing Law and Choice of Forum

These Sites and Products and Services are created and controlled by Pro Fitness Body Solutions in the State of California.  As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.  Pro Fitness Body Solutions reserves the right to make changes to its Sites and Products and Services and these disclaimers, terms and conditions at any time.  User agrees that any action at law or in equity arising out of, relating to or in connection with this Agreement or the use of the Site(s) shall be filed only in the state or federal courts located in the County of Orange in the State of California.  User hereby irrevocably and unconditionally agrees, consents to and submits to the personal and exclusive jurisdiction of such courts in the State of California (and agrees not to commence any litigation relating to, arising out of or in connection with this Agreement except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.

Entire Agreement

This Agreement constitutes the entire agreement and understanding between you and Pro Fitness Body Solutions, governs your use of the Sites and the Products and Services, and supersedes any prior oral or written agreements, representations, understandings or discussions between you and Pro Fitness Body Solutions.

Miscellaneous Terms

The section titles in this Agreement are for convenience purposes only and shall be given no effect in the construction or interpretation of this Agreement.  This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent.  The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance. No waiver by Pro Fitness Body Solutions of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

Modification and Severability

Pro Fitness Body Solutions reserves the right to make changes to our site, policies, and this Agreement at any time, effective immediately upon the posting on its Sites.  Please check this page of the site periodically.  Each time you access the Site(s), you will be deemed to have accepted any such changes.  If any provision of this Agreement, in whole or in part, or the application of any provision, in whole or in part, is determined to be illegal, invalid or unenforceable by a court of competent jurisdiction and such provision can be severed without substantially changing the bargain reached by the Parties, such provision or part of such provision shall be severed from this Agreement, and such severance shall have no effect upon the enforceability, performance or obligations of the remainder of this Agreement, including the remainder of such provision not determined to be illegal, invalid or unenforceable.

Attorneys’ Fees

If either party brings an action or proceeding, arising out of or relating to this Agreement, the non-prevailing party shall pay to the prevailing Party reasonable attorneys’ fees, expert witness fees and costs incurred in bringing such action, including, without limitation, fees incurred in post judgment motions, contempt proceedings, garnishment, levy, debtor and third party examinations, discovery, bankruptcy litigation, arbitration, trial, and any appeal or review, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered shall contain a provision providing for the recovery of attorneys’ fees and costs incurred in enforcing such judgment. The prevailing party shall be the party who is identified in any judgment or order entered as the party entitled to recover its costs of suit, whether or not the action or proceeding proceeds to final judgment or award.

Changes to Website

Pro Fitness Body Solutions may change or discontinue, temporarily or permanently, any feature of component of the Site(s) at any time without further notice.



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Privacy Policy - Terms & Conditions