Please read the following user terms and conditions
Please read this agreement ("Agreement") carefully before accessing or using the Web site at virtual-fitness.co.uk. By accessing or using the Site, or by choosing "Sign up now" during the enrollment process, you agree to be bound by this Agreement. We provide the information and services on the Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.
Liability Release Agreement (Individual)
I hereby accept all risks associated with my Virtual Fitness training program and release and forever discharge Virtual Fitness its respective, employees, representatives, others (“RELEASEES”) from any and all responsibilities or liability from injuries or damages resulting from or connected with my participation in any of the Virtual Fitness exercise programs whether arising from the negligence of the RELEASEES or otherwise.
1. I acknowledge and fully understand that I will be engaging in training activities that potentially involve the risk of serious injury or possibly permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the condition of the premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time.
2. I further acknowledge and understand that Virtual Fitness and its employees are not licensed dieticians and that any nutritional information or guidelines provided by Virtual Fitness carries no warranty of any kind, express or implied, including but not limited to warranties regarding safety or suitability for a particular purpose.
3. I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death.
4. I shall indemnify and hold Releasees harmless from any and all claims (including reasonable court costs and solicitors fees) arising out of any bodily injury or death of any person, or damage to any property, to the extent caused by my negligence or willful misconduct.
5. I acknowledge and understand that insurance coverage maintained by Virtual Fitness is excess coverage and begins after the exhaustion by me of all other insurance coverage for which I may be eligible, including but not limited to exhaustion of all insurance coverage provided by my personal trainer or his/her company and/or workout facility.
This waiver and release agreement specifically embraces each and every event, activity or purchase sanctioned by said RELEASEES, and has the same effect as if executed after each and every sanctioned event, activity or purchase in which I participate so that the parties herein intended to be released shall be fully and effectively released as to each and every sanctioned event, activity or purchase.
Virtual Fitness cannot guarantee that its products or workouts 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 Virtual Fitness disclaims any liability, loss or damages that may result from their use
MEMBERSHIP AGREEMENT
Membership fees are not refundable. Memberships are not transferable and only you are authorized to use this membership. Only registered Virtual Fitness members have permission to view and print any and all of the information provided within the Virtual Fitness website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of Virtual Fitness. You may cancel your membership at any time (but no refund will be provided on programs already purchased). Your membership will automatically renew until Virtual Fitness receives cancellation notice from you. Automatic renewal dates are based on the date that you provide payment.
Virtual Fitness members will receive a password that provides access to Members Only areas of the website. The Virtual Fitness 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.
Virtual Fitness reserves the right to deny services to anyone.
TERMS OF USE
Please read this agreement ("Agreement") carefully before accessing or using the Virtual Fitness Web site at www.virtual-fitness.co.uk. By accessing or using the Sites, You agree to be bound by this Agreement. Virtual Fitness or "We" provides the information and services on the Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices. These Terms and Conditions of use apply to information you have received on the Site in the past.
The information and services offered on the Site are provided with the understanding that neither Virtual Fitness nor its representatives are engaged in rendering legal services or other such advice. Your use of the Sites is subject to the additional disclaimers and notices that may appear throughout the Site and to the terms and conditions of the Virtual Fitness Limitation of Liability Agreement (Individual) discussed below.
Virtual Fitness and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Site. While Virtual Fitness strives to keep the information on the Site accurate, complete and up-to-date, Virtual Fitness and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
The Site and the information and services we provide may not be used by children under the age of 13.
Virtual Fitness may decline to provide you services in our sole discretion.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
We may provide online personal training services (the "Services"). Virtual Fitness grants You access to the Site during the term of this agreement solely to receive the Services and related information on the Site. You may access, download print, copy and distribute and modify materials as necessary to receive the Services. You may not license, create derivative works from, frame in another Web page, use on any other Web Site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web Site without our prior written permission You will comply with all privacy laws. You may not engage in the practices of screen scraping, data mining or any other bulk information gathering in connection with the Web Site.
PROPRIETARY RIGHTS
All materials on the Site (as well as the organization and layout of the Sites) are owned and copyrighted, licensed by, or used with permission that is granted to Virtual Fitness. No reproduction, distribution, or transmission of the copyrighted materials at the Site is permitted without the prior written permission of Virtual Fitness.
YOUR ACCOUNT
If you use the 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. If your status as a user of the Site is terminated, you will (i) immediately notify Virtual Fitness, (ii) cease using the Site and any information obtained from the Site, and (iii) destroy all copies of your account information, password and any information obtained from the Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Virtual Fitness that you will not use the Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.
You may not, without the prior written permission of Virtual Fitness, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Site or accessed through the Site.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIRTUAL FITNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIRTUAL FITNESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.
LINKS TO THIRD PARTY SITES
These Site may contain hyperlinks to web sites operated by parties other than Virtual Fitness, or its affiliates. Such hyperlinks are provided for your reference only. Virtual Fitness does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by Virtual Fitness to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the Virtual Fitness privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.
USE OF SUBMISSIONS
You grant us the right to use, reproduce, modify, distribute, and display any material, including your testimonials that you supply or communicate to the Site for any purpose related to the Site and the performance of the Services.
CHANGES TO SITES
Virtual Fitness may make improvements or changes in the information, services, products, and other materials on the Site, or terminate the Site at any time. Virtual Fitness may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Agreement.
MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement or these Sites shall be governed by and construed in accordance with the laws of Great Britain, without giving effect to any principles of conflicts of law. Failure by Virtual Fitness to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Virtual Fitness and other logos, product and service names are trademarks and service marks owned by or licensed to Virtual Fitness. Without the prior written permission of Virtual Fitness, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
© Copyright 2006 Virtual Fitness. All rights reserved.