MyWorkOutSpot.com is a fitness based social networking service that allows Members to create unique personal profiles online in order to find and communicate with other members and fitness trainers in their area as well as being partnered up with a workout buddy. The services offered by MyWorkOutSpot.com ("MyWorkOutSpot.com" or "we") include the MyWorkOutSpot.com website (the "MyWorkOutSpot Website"), the MyWorkOutSpot.com Internet messaging service, and any other features, content, or applications offered from time to time by MyWorkOutSpot.com in connection with the MyWorkOutSpot Website (collectively, the " MyWorkOutSpot Services"). The MyWorkOutSpot Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MyWorkOutSpot Services. By using the MyWorkOutSpot Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MyWorkOutSpot Website) or you are a "Member" (which means that you have registered with MyWorkOutSpot.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the MyWorkOutSpot Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MyWorkOutSpot Website and discontinue use of the MyWorkOutSpot Services immediately. If you wish to become a Member, communicate with other Members and make use of the MyWorkOutSpot Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes MyWorkOutSpot.com's policy for acceptable use of the MyWorkOutSpot Services and Content posted on the MyWorkOutSpot Website, your rights, obligations and restrictions regarding your use of the MyWorkOutSpot Services and MyWorkOutSpot.com's Privacy Policy. In order to participate in certain MyWorkOutSpot Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MyWorkOutSpot Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@ MyWorkOutSpot.com, Subject: Terms of Use Agreement..
MYWORKOUTSPOT.COM may revise and update these Terms and Conditions at any time. Please periodically review the Terms and Conditions posted on this Web site because your continued usage of this Web site (the "Site") will mean you accept those changes.
I. General Disclaimer; No Medical Advice.
The content on the Site is presented in summary form, is general in nature, and is provided for informational purposes only. The content is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the content nor any other service offered by or through the Site is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the Site.
MYWORKOUTSPOT.COM does not recommend or endorse any specific test, products, or procedures that may be mentioned on the Site. Any opinions expressed on the Site are the opinions of the authors. MYWORKOUTSPOT.COM does not assume any liability for the contents of any material provided on the Site. Reliance on any information provided by MYWORKOUTSPOT.COM to the visitors of the Site is solely at your own risk. MYWORKOUTSPOT.COM assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. MYWORKOUTSPOT.COM reserve the right to change or discontinue at any time any aspect or feature of this Site.
II. MyWorkoutSpot.com is not responsible for the conduct --online or offline-- of any member, Fitness Trainer, or instructor from the services of MyWorkoutSpot.com.
Any and
All exercises, routines, physical activities recomended by any Member, Fitness Trainer or Instructor on MyWorkoutSpot.com should first be approved by a Medical Physician before performing.
III. Position on Your Privacy
q We will not release personally identifying information about you except as described below or with your consent. You can update your personally identifying information at any time. A complete explanation of our privacy policy is available at
http:// MYWORKOUTSPOT.COM /privacy.html. This statement tells you about the kind of information we collect and how we use it. If you have any questions after reading our policy, please get in touch with us by using our Contact Page.
IV. Use of Content; Copyright.
Upon acceptance of these Terms and Conditions, MYWORKOUTSPOT.COM authorize you to view or download a single copy of the material on this Web site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as "Legal Notices" on the Site and are incorporated into these Terms and Conditions by reference.
The contents of the Site, such as text, graphics, images, software applications and other material including software licensed by MYWORKOUTSPOT.COM permit Users to access the Site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of MYWORKOUTSPOT.COM.
For information obtained from the Site's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of MYWORKOUTSPOT.COM If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
V. Company's Liability; Disclaimer of Consequential Damages.
The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. MYWORKOUTSPOT.COM. makes no representations about the results to be obtained from using the Site or the Content. The use of the Site and the Content is at your own risk.
You acknowledge that in connection with the Site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of MYWORKOUTSPOT.COM and their suppliers. Accordingly, MYWORKOUTSPOT.COM assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the Content contained therein are provided on an "as is" basis without any warranties of any kind. MYWORKOUTSPOT.COM their licensors, and their suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose MYWORKOUTSPOT.COM licensors, and their suppliers make no representation or warranties about the accuracy, reliability, completeness, currency or timeliness of the content, software, text, graphics, links, or communication provided on or through the use of the Site. MYWORKOUTSPOT.COM licensors and their suppliers do not make any warranty that the Content contained on the Site satisfies government regulations requiring disclosure of information on prescription drug products.
VI. Use of Interactive Areas.
MYWORKOUTSPOT.COM Communities, including the message boards and chat rooms, are used as an exchange of information between members. Since many members are minors (under the age of 18), message content and chat room content must be suitable for members of all ages. No foul language or sexual remarks are permitted in the MYWORKOUTSPOT.COM Communities. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. MYWORKOUTSPOT.COM does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Site. If you believe a topic of discussion, message, or chat session is unsuitable for all audiences or offensive in any way please get in touch with us by using our Contact Page. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;
- Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Subscriber or User or any other person or entity as determined by MYWORKOUTSPOT.COM at their sole discretion pursuant to this Section 6;
- Post advertisements or solicitations of business;
- After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
- Post chain letters or pyramid schemes;
- Impersonate another person;
- Allow any other person or entity to use your identification to post or view comments;
- Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of MYWORKOUTSPOT.COM expose MYWORKOUTSPOT.COM or any of their customers or suppliers to any liability or detriment of any type.
MYWORKOUTSPOT.COM reserve the right to record the dialogue in public chat rooms. MYWORKOUTSPOT.COM do not screen communications in advance and is not responsible for screening or monitoring material posted by Subscribers or Users or any other person or entity. If notified by a Subscriber or User of communication(s) which are alleged not to conform to the terms of this Section, MYWORKOUTSPOT.COM may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). MYWORKOUTSPOT.COM reserve the right to remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions. In addition to the removal rights described above, MYWORKOUTSPOT.COM reserve the right to terminate a Subscriber's or User's access to any or all Interactive Areas upon Subscriber's or User's breach of these Terms and Conditions. MYWORKOUTSPOT.COM reserve the right (but are not obligated) to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards for content.
Furthermore, MYWORKOUTSPOT.COM reserve the right (but are not obligated) to monitor, edit, or disclose any type of posting on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of MYWORKOUTSPOT.COM or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. MYWORKOUTSPOT.COM HAVE NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
MYWORKOUTSPOT.COM do not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
Through your use of the Site's Interactive Areas, you are agreeing to all of the aforementioned Terms and Conditions for the use of such Interactive Areas contained herein.
VII. Third Party Sites
MYWORKOUTSPOT.COM is not responsible for any representations, warranties, terms, conditions, payment, or delivery of any goods or services sold or advertised through its sponsors. The Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement MYWORKOUTSPOT.COM of the content on such third-party Web sites. MYWORKOUTSPOT.COM is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Your use of third-party Web sites is subject to the Terms and Conditions of use for such sites.
VIII. Indemnity.
You agree to defend, indemnify and hold MYWORKOUTSPOT.COM their officers, directors, employees, agents, licensors and suppliers, 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 use of the Subscription Services, Content (including Software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. MYWORKOUTSPOT.COM shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
IX Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content (including Software).
X General.
MYWORKOUTSPOT.COM make no claims the Content is appropriate or may be downloaded outside of the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
.IL. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE SITE, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND MYWORKOUTSPOT.COM WITH RESPECT TO THE USE OF THE SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN. Thank you for your cooperation with these Terms and Conditions. We hope you find the Site helpful and convenient to use! Questions or comments regarding this Site should be posted using our
feedback form.