Terms of Use

AGREEMENT BETWEEN USER AND FITNESS EXCELLENCE^®, LLC

General:

Exercise while good for you, may be physically demanding, and it is advised that you speak with a health care provider who is familiar with your physical limitations and condition. By registering with FITNESS EXCELLENCE^®, LLC you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by FITNESS EXCELLENCE^®, LLC. You agree to the following terms and conditions. The terms and conditions of this Agreement may be amended or modified at any time. Any amendments or modifications will be posted on our web site. Your continued usage after such changes are posted constitutes acceptance of each revised provision of the Agreement. If you do not agree with the terms of this Agreement or any revised Agreement, please refrain from using FITNESS EXCELLENCE^®, LLC and speak with one of the principals or trainers.

From time to time, our site may go down and some (or all) of your data could be lost. Please understand that we cannot be held responsible or liable for data that is irretrievable, damaged, or altered. We are constantly trying to improve our site and technologies. We value your comments and feedback, as your input plays an integral role in our site’s development. NOTE: FITNESS EXCELLENCE^®, LLC cannot accept information from individuals who are under 14 years of age without first obtaining express parental consent.

Disclaimer:

FITNESS EXCELLENCE^®, LLC requires that you consult with your physician before following any training instructions you receive through FITNESS EXCELLENCE^®, LLC or participating in any event announced on the FITNESS EXCELLENCE^®, LLC web site. FITNESS EXCELLENCE^®, LLC is not a licensed health care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. FITNESS EXCELLENCE^®, LLC is not a prescription system and is not intended to be a substitute for professional medical or health care advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death and your agreement to participate in the same signifies that you agree to the above and assume the risk of injury or death.

You should never disregard medical or health care advice or delay in seeking health care or medical advice because of something you have read on the FITNESS EXCELLENCE^®, LLC web site. IF YOU HAVE ANY QUESTIONS AS TO WHETHER SOMETHING THAT YOU HAVE READ WOULD CONFLICT WITH, OR IMPACT ON, ANY ADVICE GIVEN BY A HEALTH CARE PROVIDER, SEEK MEDICAL OR HEALTH CARE ADVICE BEFORE ENGAGING IN THE ACT OR ACTION CONTAINED ON THIS SITE. FITNESS EXCELLENCE^®, LLC is not responsible for any health problems that may result from training programs, products, or events you learn about through FITNESS EXCELLENCE^®, LLC. If you engage in any exercise program you receive through FITNESS EXCELLENCE^®, LLC, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge FITNESS EXCELLENCE^®, LLC from any and all claims or causes of action, known or unknown, arising out of FITNESS EXCELLENCE^®, LLC’s negligence. You agree to indemnify and hold harmless FITNESS EXCELLENCE^®, LLC for any loss, liability, claim, damage, and expenses (including reasonable attorneys’ fees) arising from or in connection with your use of the information or services you receive through FITNESS EXCELLENCE^®, LLC.

While we believe that we can provide a meaningful and helpful addition to a healthy lifestyle, in general you only get the benefit of any exercise regime in proportion to the effort which is devoted to the same. Moreover, many factors may contribute to success in any plan including diet, sleep, stress and the like. FITNESS EXCELLENCE^®, LLC can make no guarantees as to results.

PLEASE NOTE: Not all exercises are suitable for everyone. Before you begin any training instructions you receive through FITNESS EXCELLENCE^®, LLC or participating in any event announced on the FITNESS EXCELLENCE^®, LLC web site, you should have permission from your physician to participate in vigorous exercise. If you feel discomfort or pain, do not continue. The instructions and advice presented are in no way intended as a substitute for medical counseling.

The FITNESS EXCELLENCE^®, LLC Web site is comprised of various Web pages operated by FITNESS EXCELLENCE^®, LLC.

The FITNESS EXCELLENCE^®, LLC Web site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the FITNESS EXCELLENCE^®, LLC Web site constitutes your agreement to all such terms, conditions and notices.

MODIFICATION OF THESE TERMS OF USE

FITNESS EXCELLENCE^®, LLC reserves the right to change the terms, conditions and notices under which the FITNESS EXCELLENCE^®, LLC Web site is offered, including but not limited to the charges associated with the use of the FITNESS EXCELLENCE^®, LLC Web site.

LINKS TO THIRD PARTY SITES

The FITNESS EXCELLENCE^®, LLC Web site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of FITNESS EXCELLENCE^®, LLC and FITNESS EXCELLENCE^®, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FITNESS EXCELLENCE^®, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. FITNESS EXCELLENCE^®, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FITNESS EXCELLENCE^®, LLC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the FITNESS EXCELLENCE^®, LLC Web site, you warrant to FITNESS EXCELLENCE^®, LLC that you will not use the FITNESS EXCELLENCE^®, LLC Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the FITNESS EXCELLENCE^®, LLC Web site in any manner which could damage, disable, overburden, or impair the FITNESS EXCELLENCE^®, LLC Web site or interfere with any other party’s use and enjoyment of the FITNESS EXCELLENCE^®, LLC Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FITNESS EXCELLENCE^®, LLC Web sites.

USE OF COMMUNICATION SERVICES

The FITNESS EXCELLENCE^®, LLC Web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

FITNESS EXCELLENCE^®, LLC has no obligation to monitor the Communication Services. However, FITNESS EXCELLENCE^®, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FITNESS EXCELLENCE^®, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

FITNESS EXCELLENCE^®, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FITNESS EXCELLENCE^®, LLC’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FITNESS EXCELLENCE^®, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, FITNESS EXCELLENCE^®, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FITNESS EXCELLENCE^®, LLC spokespersons, and their views do not necessarily reflect those of FITNESS EXCELLENCE^®, LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO FITNESS EXCELLENCE^®, LLC OR POSTED AT ANY FITNESS EXCELLENCE^®, LLC WEB SITE

FITNESS EXCELLENCE^®, LLC does not claim ownership of the materials you provide to FITNESS EXCELLENCE^®, LLC (including feedback and suggestions) or post, upload, input or submit to any FITNESS EXCELLENCE^®, LLC Web site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting FITNESS EXCELLENCE^®, LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. FITNESS EXCELLENCE^®, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FITNESS EXCELLENCE^®, LLC’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

Limitation of Liability:

FITNESS EXCELLENCE^®, LLC and our affiliates, suppliers and sponsors, are not responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other CONSEQUENTIAL DAMAGES arising out of or relating in any way to FITNESS EXCELLENCE^®, LLC’s web site, our web site related services and/or content, or information contained within the web site. OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FITNESS EXCELLENCE^®, LLC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE FITNESS EXCELLENCE^®, LLC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FITNESS EXCELLENCE^®, LLC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FITNESS EXCELLENCE^®, LLC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FITNESS EXCELLENCE^®, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FITNESS EXCELLENCE^®, LLC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FITNESS EXCELLENCE^®, LLC WEB SITE.

Your use of the web site is at your sole risk and discretion, and you assume any risk related thereto. Your sole remedy for dissatisfaction with the FITNESS EXCELLENCE^®, LLC web site and/or our web site related services is to stop using the FITNESS EXCELLENCE^®, LLC web site and/or those services. FITNESS EXCELLENCE^®, LLC, in its sole discretion, may revoke the membership for any reason or no reason at all. This Membership Agreement shall be governed by the laws of Virginia without regard to its conflict of law provisions.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FITNESS EXCELLENCE^®, LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FITNESS EXCELLENCE^®, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FITNESS EXCELLENCE^®, LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE FITNESS EXCELLENCE^®, LLC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FITNESS EXCELLENCE^®, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FITNESS EXCELLENCE^®, LLC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FITNESS EXCELLENCE^®, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

This agreement shall be controlled by Virginia law and you agree that the agreement is made in the Commonwealth of Virginia. The user by using the web site and services agrees that he or she IRREVOCABLY WAIVES A RIGHT TO A TRIAL BY JURY, AND AGREES THAT EXCLUSIVE JURISDICTION OF ANY ACTION SHALL BE IN STATE COURT IN FAIRFAX COUNTY VIRGINIA. Any action brought in connection with the Membership Agreement or services provided hereunder, or related in any way to the web site, shall be filed within one year from the earlier of either (1) the date of the alleged injury, or (2) the use of the web site which is alleged to have given rise to the alleged injury. This contractual limitation period shall apply regardless of any statute of limitations.

Indemnification Agreement:

You agree to defend, indemnify, and hold FITNESS EXCELLENCE^®, LLC, its 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 violation of the terms and conditions of this Member Agreement.

TERMINATION/ACCESS RESTRICTION

FITNESS EXCELLENCE^®, LLC reserves the right, in its sole discretion, to terminate your access to the FITNESS EXCELLENCE^®, LLC Web site and the related services or any portion thereof at any time, without notice. Use of the FITNESS EXCELLENCE^®, LLC Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FITNESS EXCELLENCE^®, LLC as a result of this agreement or use of the FITNESS EXCELLENCE^®, LLC Web site. FITNESS EXCELLENCE^®, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FITNESS EXCELLENCE^®, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FITNESS EXCELLENCE^®, LLC Web site or information provided to or gathered by FITNESS EXCELLENCE^®, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FITNESS EXCELLENCE^®, LLC with respect to the FITNESS EXCELLENCE^®, LLC Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FITNESS EXCELLENCE^®, LLC with respect to the FITNESS EXCELLENCE^®, LLC Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

The FITNESS EXCELLENCE^®, LLC web site and the e-mail messages you receive through FITNESS EXCELLENCE^®, LLC contain copyrighted material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. FITNESS EXCELLENCE^®, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content available on or through the FITNESS EXCELLENCE^®, LLC site, except as otherwise expressly permitted under copyright law or with the express permission of FITNESS EXCELLENCE^®, LLC and the copyright owner.

All contents of the FITNESS EXCELLENCE^®, LLC Web Site are Copyright 2004 FITNESS EXCELLENCE^®, LLC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

SERVICE CONTACT: info@fitnessexcellence.com

©2011 FITNESS EXCELLENCE^®, LLC. All rights reserved.