Welcome to TheOnlinePersonalTrainer.com, a service of Body Matrix(sm), Inc. (hereinafter, the "Company" or "BMI"). You must agree to the following terms of use in order to proceed and open a membership account to this website. Please review the following terms carefully, as they govern the relationship between you and the Company. 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.
Acceptance of Agreement: You hereby agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the BMI website. This Agreement constitutes the entire and only agreement between you and Company, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content posted on the website, the marketing copy of the website, all products or services provided by or through the website, and the subject matter of this Agreement. This Agreement may be amended at any time, from time to time, by BMI without specific notice to you. The latest Agreement will always be posted on the website, and you should review this Agreement prior to using the website.
PRIVACY POLICY. BMI respects your privacy and permits you to control the treatment of your personal information. A complete statement of BMI's current privacy policy can be found at http://www.theonlinepersonaltrainer.com/pp.html. BMI's privacy policy is expressly incorporated into this Agreement by this reference.
Legal Disclaimer & Release: The information provided on the BMI website is designed to help you make informed decisions about your health. It is not intended as a substitute for the advice or treatment that may have been prescribed by your physician or any other health care providers.
This website provides BMI's opinion in regards to the subject matter contained herein. You agree that your participation in the BMI programs is at YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY BMI, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR INJURIES ARISING FROM YOUR USE AND APPLICATION, EITHER DIRECTLY OR INDIRECTLY, OF ANY ADVICE, INFORMATION OR METHODS PRESENTED WITHIN THE SITE.
THE INFORMATION FROM OR THROUGH THE WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BMI AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BMI 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.
YOU ALSO HEREBY ACKNOWLEDGE AND UNDERSTAND THAT YOU MAY RECEIVE, THROUGH THE BMI SERVICE, EMAILS CREATED AND SENT BY HEALTH AND FITNESS EXPERTS THAT ARE NOT EMPLOYEES OR AGENTS OF BMI. ADDITIONALLY, YOU UNDERSTAND THAT ANY ACTIONS YOU TAKE ON THE ADVICE OF THE SENDER OF SUCH EMAILS ARE TAKEN AT YOUR OWN RISK. AS A RESULT, YOU HEREBY RELEASE AND DISCHARGE BMI FROM ANY CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND OR NATURE WHATSOEVER RELATED TO THE CONTENT OF SUCH EMAILS.
Before following any of the BMI information or recommendations you agree to consult with your physician and get a physical examination from your physician, especially if you are considered to be at risk for potential problems resulting from an exercise program and/or making changes in your diet.
By joining the BMI website, you understand and agree that you are solely responsible for the way that the information on the BMI website is perceived and utilized, and do so at your own risk. In no way will you hold BMI, nor any of its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers responsible for any injuries or problems that might occur due to your use of this website or the advice contained within.
Notwithstanding the foregoing or following paragraphs, the total liability of BMI and its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of the BMI website are hereby excluded even if BMI or its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, have been advised of the possibility of such damages.
CONSENT TO RECEIVE EMAIL. You hereby consent to receive periodic email communications from BMI regarding customer service issues, regular BMI content, new product offers and other matters.
OVER 18 YEARS OLD. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Membership Agreement: Those who become BMI members will receive a password that provides full access to all of the information presented within the BMI website and consulting from all of BMI's experts. Only registered BMI members have permission to view and print any and all of the information provided within the BMI website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of BMI.
The BMI membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password, or any of the information presented within the BMI website without specific written permission from BMI, is violating the conditions of this agreement with BMI. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.
The entire contents of the BMI website are copyrighted under the laws of the United States and other copyright laws. You agree to comply with all copyright laws intellectual property rights or negligent or wrongful conduct by you or any other person accessing BMI using your membership password.
You may cancel your BMI membership at any time, with or without cause, upon e-mail notice or a phone call, and we will promptly delete you from our files. Your membership will automatically renew, however, on your renewal date for the full membership price, as long as you still have access to the website, until you cancel your membership. The foregoing provisions regarding your confidential password, indemnification, waiver, and release and limitation of liability, shall survive any termination of this agreement, however.
REFUND POLICY. Once BMI bills you for a periodic membership fee, there shall be no refunds of such fees.
Placing a check in the box next to "I agree to the above Terms and Conditions" indicates that you have read the twelve paragraphs above entirely, understand them completely, and agree to be bound by its terms.
The Effective Date of these Terms & Conditions shall be July 1st, 2006.
