FINDMYTRAINER.COM Web site Terms of Service
Effective: November 11, 2012
Welcome to FindMyTrainer.com, a service provided by Eleadist, LLC. Terms and Conditions must be read and agreed to prior to registering as a provider. Please read them carefully. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently for any amendments/changes to the original Agreement. Notification by email will be sent when amendments to agreement are made. These terms and conditions constitute the contract between the site and you the user.
1. Rules and Regulations
The following rules and regulations apply to all visitors to or users of this web site, http://www.FindMyTrainer.com. By accessing this web site, user acknowledges acceptance of these terms and conditions. Find My Trainer ("the Company") reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Find My Trainer reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Find My Trainer Web site, both now and in the future.
2. Description of Services
Find My Trainer is an online matching service that matches Personal Trainers who have been approved into the Personal Trainer Network with potential customers seeking personal training services. Find My Trainer's information on certification, experience, insurance coverage, education, speciality, and competence of each personal trainer's information provided by and through the Site is provided "as is". Many states and municipal governments require licenser in order to practice personal training services in their respective jurisdiction. Find My Trainer assumes no responsibility for physical injury, nor actual, compensatory, incidental, special or consequential damages of any kind in connection with the information supplied through the Site, or in connection with any fitness professionals on the Site.
FOR PERSONAL TRAINERS
Find My Trainer is a network of Personal Trainers who have submitted their information to join the Personal Trainer Network. Find My Trainer reviews all listings to guarantee the accuracy and completeness of the information. Find My Trainer acknowledges no responsibility or liability for any misrepresentations, errors, or omissions that might appear within your account. Many states and municipal governments require licenser in order to practice personal training in that their respective jurisdiction.
By clicking “Submit” or “I Agree” within the site and submitting or uploading to FindMyTrainer.com (“FindMyTrainer.com”) any content, whether video, photographic, text (articles, reviews, comments, etc.) you are accepting all of the terms set forth in this legal and binding Content Submission Agreement (“Agreement”).
I. Grant Of Licenses
A. REQUIRED LICENSES:
1. Internet License. By agreeing to this Agreement and submitting your videos, photographs, written comments, articles, or other visual or audio data (collectively, “Content”), to FindMyTrainer.com, you are granting FindMyTrainer.com, its successors, assigns, and licensees a non-exclusive, fully-paid, world-wide, royalty-free license in perpetuity (“License”) to publicly display, publicly perform, distribute, and reproduce your Content, in whole or in part, on any medium now in existence or hereafter devised, including but not limited to mobile devices, TV, Radio, the Internet, including, without limitation, the World Wide Web, and any other two-way transmission control protocol / internet protocol (TCP/IP) based distribution network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wireless through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. Distribution under the License gives FindMyTrainer.com the right to distribute your Content through any technology now known or hereafter invented, including both streaming and progressive downloading technologies.
II. You Must Have The Right To Use The Content Submitted To FindMyTrainer.com
By submitting your Content and agreeing to the terms and conditions of this Agreement, you represent and warrant (“Representations and Warranties”) to FindMyTrainer.com the following:
A. Unrestricted Right To Grant. You have the legal right and authority to grant the licenses described above to FindMyTrainer.com. If you are under the age of eighteen (18), you must have your parent or legal guardian add your Content on your behalf.
B. No Infringement. The rights granted to FindMyTrainer.com under this Agreement, including the public display, public performance, distribution, and reproduction of your Content, will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal, contractual or property right of any person or entity and that your Content will not constitute a libel or defamation of any third party.
C. Discharge/Payment of Obligations. All of the following have been discharged or paid or will be discharged or paid by you or persons other than FindMyTrainer.com:
1. Copyright. All claims and rights of the copyright holders, if any, in literary, dramatic, musical or other material, including stories, plays, scripts, scenarios, themes, incidents, plots, characteristics, dialogue, music, words appearing, used or recorded in your Content.
2. Contracts. All obligations, of any kind, including, without limitation, licenses or contracts for distribution, exhibition, performance or exploitation of your Content.
D. No Pornographic Or Illegal Material. The content of your Content must not be obscene, pornographic, invade privacy rights, exploit the images of individuals under the age of eighteen (18), or in any other way violate applicable laws and regulations.
F. Indemnity. You agree to indemnify and hold harmless FindMyTrainer.com, its respective officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of this Agreement, including a breach of any Representations and Warranties made by you in this Agreement. You agree to cooperate fully with FindMyTrainer.com in the defence or settlement of any claim arising from your breach or alleged breach of any provision of this Agreement. III. Disclaimer & Limitation Of Liability
3. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Eleadist, LLC. or its officers, directors, shareholders, employees, agents or affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss, which by way of example, includes loss of use, loss of data, loss of profits, physical damage or injury, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of this Site, with the delay or inability to use this Site, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through this Site, even if advised of the possibility of such damages.
With respect to products, goods, or services purchased from any person or entity identified, listed, named in or contacted through the Site, or any links to other Eleadist, LLC. web sites, in no event shall Eleadist, LLC. or its officers, directors, shareholders, employees, agents or affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, physical damage or injury, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.
4. Compliance User access to this Web site is governed by all applicable federal, state and local laws. All information available on the Web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
5. Trademarks The contents of FindMyTrainer.com are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of FindMyTrainer.com.
6. General Disclaimer
The information contained in this web site is for general information purposes only. The information is provided by "Find My Trainer" and whilst we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the web site or the information, products, services, or related graphics contained on the web site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this web site Through this web site you are able to link to other web sites which are not under the control of "Find My Trainer". We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the web site up and running smoothly. However, "Find My Trainer" takes no responsibility for, and will not be liable for, the web site being temporarily unavailable due to technical issues beyond our control.
From time to time, we may use the standard "cookies" feature of major browser applications that allows us to store a small piece of data on your computer about your visit to our Web site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on our web site other than cookies. Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended.
8. Services Availability
Because international information is provided at this Web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
9. Links to Third Party Sites
This Web site may contain links to third party sites. Access to any other Internet site linked to this Web site is at the user's own risk and Find My Trainer is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites.
Find My Trainer provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
10. Digital Millennium Copyright Act (“DMCA”) Policy
This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is the policy of FindMyTrainer.com (the “Company”) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.
The Company’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Email: email@example.com or http://www.findmytrainer.com/contact
(a) Complaint Notice Procedures for Copyright Owners
The following elements must be included in your copyright infringement claim:
1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
Notice and Take down
Procedure: It is expected that all users of any part of the Company system will comply with applicable copyright laws. However, if the Company receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
Repeat Infringers Under appropriate circumstances, Company may, in its discretion, may terminate authorization of users of its system or network who are repeat infringers.
Accommodation of Standard Technical Measures
It is Company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works. Thank you for your interest in FindMyTrainer.com.