TERMS AND CONDITIONS
Thank you for visiting the InstructionalFitness.com website located at www.instructionalfitness.com (the “Site”). The Site is an Internet property of Instructional Fitness, LLC. By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (“Agreement”).
ACCEPTANCE OF AGREEMENT
This Agreement sets forth the legally binding terms for your use of the InstructionalFitness.com website. By using the InstructionalFitness.com website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the InstructionalFitness.com website, including through a mobile device, or otherwise use the Site without being registered) or you are a "Member" (which means that you have registered with InstructionalFitness.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the InstructionalFitness.com website and discontinue use of the Site immediately. If you wish to become a Member, and make use of the Site, you must read this Agreement and indicate your acceptance during the registration process.
InstructionalFitness.com may modify this Agreement from time to time and such modification shall be effective upon posting by InstructionalFitness.com on the InstructionalFitness.com website. Your continued use of the Site after the Site posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the InstructionalFitness.com website services or are a Member. You may terminate your Membership at any time, for any reason. InstructionalFitness.com may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
InstructionalFitness.com provides Site Users and Members with an opportunity to search for fitness and nutrition related products, services and information (“InstructionalFitness.com Services”), as offered by the Site’s affiliated third-party gym business operators and/or health club locations, personal trainers/fitness professionals, and third-party supplement and merchandise suppliers (the “InstructionalFitness.com Service Providers”). The Site also provides instructional online video demonstrations of various exercises. Registered Members have access to the Marketplace and Members can place orders through the Site’s Marketplace. Members are able to leave feedback and comments regarding personal trainers, supplement products, merchandise and Service and Product Providers through the Site.
The Site Service Providers may require additional information from you in order to complete the applicable transaction. The ultimate terms and conditions of any product or service provided by one of the Site’s Service Providers, as applicable, will be determined by that entity. You agree to provide true, accurate, current and complete registration data. InstructionalFitness.com and the applicable Site Service Providers each have the right to reject any registration data where it is determined, in the sole and exclusive discretion of InstructionalFitness.com and the applicable Site Service Providers, that: 1) you are in breach of the Agreement; and/or 2) the registration/membership data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable.
While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. InstructionalFitness.com assumes no liability for inaccuracies or misstatements about products.
Please be advised that InstructionalFitness.com or Instructional Fitness, LLC does not itself own or operate any gym or health club locations, does not manufacture any nutrition supplements or fitness products/merchandise. The Site provides instructional video demonstrations of various exercises, nutrition/supplement and fitness articles, interview segments pertaining to diet/nutrition and exercise, and a question and answer segment. It is important that before beginning any exercise or nutrition program, you first consult a physician or other qualified health care provider. A physician or other health care provider can determine what type of exercise, the frequency, and the intensity level that is safe for you. Your doctor or health care provider may be able to recommend an exercise program that will cater to your specific heath concerns and needs. You should consult with your doctor or other health care professional before using any of the information and/or products provided through the Site.
When you visit InstructionalFitness.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
Use of the Site’s services and registration to be a Member for the InstructionalFitness.com website (“Membership”) is void where prohibited. By using the InstructionalFitness.com website services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the InstructionalFitness.com services does not violate any applicable law or regulation. You must be at least 18 years of age to purchase products or merchandise through the Site’s Marketplace.
You acknowledge that InstructionalFitness.com reserves the right to charge for any portion of the InstructionalFitness.com services and to change its fees (if any) from time to time in its discretion. If the Site terminates your Membership because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. InstructionalFitness.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the InstructionalFitness.com website at any time, for any or no reason, with or without prior notice or explanation, and without liability. You agree to notify InstructionalFitness.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. InstructionalFitness.com expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of the InstructionalFitness.com website if InstructionalFitness.com determines, in its sole discretion that you have violated this Agreement or pose a threat to the Site and/or its Users/Members. You are solely responsible for the content that you post on or through any of the InstructionalFitness.com website services, and any material or information that you transmit to other Members and for your interactions with other Users.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Members may post reviews and comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. InstructionalFitness.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. InstructionalFitness.com may reject, refuse to post or delete any content for any or no reason, including content that in the sole judgment of InstructionalFitness.com violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. InstructionalFitness.com reserves the right to investigate and take appropriate legal action against anyone who, in InstructionalFitness.com's sole discretion, violates this Agreement, including without limitation, removing the offending content from the InstructionalFitness.com website and terminating the Membership of such violators. InstructionalFitness.com assumes no responsibility for monitoring the InstructionalFitness.com website services for inappropriate content or conduct. If at any time InstructionalFitness.com chooses, in its sole discretion, to monitor the Site, InstructionalFitness.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
If you do post content or submit material, and unless we indicate otherwise, you grant InstructionalFitness.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant InstructionalFitness.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify InstructionalFitness.com for all claims resulting from content you supply. InstructionalFitness.com has the right but not the obligation to monitor and edit or remove any activity or content. InstructionalFitness.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Parties other than InstructionalFitness.com sell products, operate stores, or provide services, on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. InstructionalFitness.com 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 conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY INSTRUCTIONALFITNESS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. INSTRUCTIONALFITNESS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INSTRUCTIONALFITNESS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INSTRUCTIONALFITNESS.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM INSTRUCTIONALFITNESS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INSTRUCTIONALFITNESS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting InstructionalFitness.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and InstructionalFitness.com. InstructionalFitness.com reserves the right to take appropriate legal action for any illegal or unauthorized use of the InstructionalFitness.com services.
Proprietary Rights in Content on InstructionalFitness.com
By displaying or publishing ("posting") any content on or through the Site, you hereby grant to InstructionalFitness.com a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content solely on or through the InstructionalFitness.com website, including without limitation distributing part or all of the InstructionalFitness.com website in any media formats and through any media channels.
The license you grant to InstructionalFitness.com is non-exclusive (meaning you are free to license your content to anyone else in addition to InstructionalFitness.com), fully-paid and royalty-free (meaning that InstructionalFitness.com is not required to pay you for the use on the InstructionalFitness.com website of the content that you post), sublicensable (so that InstructionalFitness.com is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the InstructionalFitness.com services), and worldwide (because the Internet and the InstructionalFitness.com website services are global in reach).
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
InstructionalFitness.com is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the InstructionalFitness.com Services, whether caused by Users of the InstructionalFitness.com Services or by the Site’s Service and Product Providers. Any of the information, products, or equipment associated with or utilized in the InstructionalFitness.com Services does not necessarily reflect the opinions or policies of InstructionalFitness.com. Profiles and third party accounts created and posted by trainers/fitness professionals, product/service Providers, or Members on the Site may contain links to other websites. InstructionalFitness.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by InstructionalFitness.com. Inclusion of any linked website on the InstructionalFitness.com Services does not imply approval or endorsement of the linked website by InstructionalFitness.com. When you access these third party sites, you do so at your own risk. InstructionalFitness.com takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. InstructionalFitness.com is not responsible for the conduct, whether online or offline, of any User of the InstructionalFitness.com Services. Under no circumstances shall InstructionalFitness.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Site’s products or Services. InstructionalFitness.com cannot guarantee and does not promise any specific results from use of the Site’s products, equipment, or services.
You agree to indemnify and hold InstructionalFitness.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site’s products, services, or equipment in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Site causes InstructionalFitness.com to be liable to another.
This Agreement is accepted upon your use of the InstructionalFitness.com website or any of the Site’s products or services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and InstructionalFitness.com regarding the use of the InstructionalFitness.com products or services. The failure of InstructionalFitness.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. InstructionalFitness.com is an Internet property of Instructional Fitness, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.