Terms and Conditions

ACCEPTANCE OF TERMS

Welcome to the fitnessprogramer (FP) site. FP provides the Fitnessprogramer Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. By accessing and using the FitnessProgramer Services, you accept and agree to be bound by the terms and provision of the TOS, and further agree to indemnify and hold harmless FitnessProgramer FP., it’s officers, directors, shareholders and employees from any injuries, accidents, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the fitnessprogramer.com website and any other FitnessProgram service.. In addition, when using particular Fitnessprogramer owned or operated services, you and FP shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time.

The authors of this web site are providing information for educational purposes only. The information provided within this website and from our services is not intended to be a diagnosis or prescription. Before beginning any diet or fitness program please consult a physician. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. The authors of this web site, and all its content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of Fitnessprogramer.

DESCRIPTION OF FİTNESSPROGRAMER SERVICES; MINIMUM AGE REQUIREMENT

FP is your personal resource for reaching all of your body goals. Through customized exercise and nutrition recommendations, FP is designed to help you achieve peak performance and optimal health. FP can help you fulfill your body’s potential.

You also understand and agree that the FP Services may include advertisements and that these advertisements are necessary for Fitnessprogramer to provide the FP Services. You also understand and agree that the FP Services may include certain communications from FP, such as service announcements, administrative messages and the FP Newsletter, and that these communications are considered part of FP membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current FP Services, including the release of new FP properties, shall be subject to the TOS. You understand and agree that the Fitnessprogramer Services is provided “AS-IS” and that FP assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the FP Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the FP Services.

Age Requirement. You must be at least 16 to use the Service.

You understand that the technical processing and transmission of the Fitnessprogramer Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Fitnessprogramer Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Fitnessprogramer Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Fitnessprogramer Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fitnessprogramer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fitnessprogramer has the right to suspend or terminate your account and refuse any and all current or future use of the Fitnessprogramer Services (or any portion thereof). Fitnessprogramer is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Fitnessprogramer Services must create a Fitnessprogramer Family Account. When you create a Fitnessprogramer Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Fitnessprogramer Family Account. By adding a child to your Fitnessprogramer Family Account, you also give your child permission to access many areas of the Fitnessprogramer Services, including, email, message boards and instant messaging (among others). Please remember that the Fitnessprogramer Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Fitnessprogramer Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.

Fitnessprogramer PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Fitnessprogramer Privacy Policy at http://www.fitnessprogramer.com/privacy-policy. You understand that through your use of the Fitnessprogramer Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Fitnessprogramer and its affiliates.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Fitnessprogramer Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fitnessprogramer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fitnessprogramer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

User Responsibilities:

• Each member is solely responsible for the training programs they create on fitnessprogramer.com.
• The training programs created by members may be indexed by search engines and shared on various social media platforms.
• Members understand and acknowledge that the training programs they create will appear in search engine results on their behalf.
• Members are responsible for the accuracy, legality, and content of the training programs they create.

OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS

i. Subject to your right to terminate your license to us as described in Section 5(C), you hereby grant Fitnessprogramer an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.

ii. You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).

iii. Your Right to Terminate the License. At any time you may modify or remove from the service any content consisting of photos, graphics, audio or video that you have submitted or made available for inclusion on or through the Service (but not, for clarity, any Content solely in the form of text that you haev posted to the public areas of the site). Your removal of such Content from the Service will terminate our license to such Content. But if prior to such removal or modification, Fitnessprogramer has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then Fitnessprogramer and its licensees have a limited right to continue to distribute those materials. You may terminate this limited licence by sending us written notice to stop distributing the materials, in which event we will stop distributing the materials within 30 days. Your notice must have a subject heading of “REMOVE CONTENT,” and include your telephone number and email address. In addition, the notice must clearly identify the Content at issue and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The 30 day period for Fitnessprogramer to stop distributing your Content begins only once Fitnessprogramer has received a notice complying with the requirements of this Section 5(C).

iv. User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to Fitnessprogramer you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, Fitnessprogramer may use and disclose your Submissions in any way; and (iii) Fitnessprogramer has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.

v. You acknowledge, consent and agree that Fitnessprogramer may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Fitnessprogramer, its users and the public.

CONTENT.

Prohibited Contet: you must not post to the Service any Content that, as reasonably determined by Fitnessprogramer is:

A. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;

B. infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;

C. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;

D. unsolicited, undisclosed or unauthorized advertising;

E. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

F. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or

G. in violation of any applicable local, state, national or international law (including export laws).You acknowledge that Fitnessprogramer may or may not pre-screen Content, but that Fitnessprogramer and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Fitnessprogramer Services. Without limiting the foregoing, Fitnessprogramer and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Fitnessprogramer or submitted to Fitnessprogramer, including without limitation information in Fitnessprogramer Message Boards and in all other parts of the Fitnessprogramer Services.

MEMBER CONDUCT

A. Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Fitnessprogramer , subject to applicable law:

• i. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;

• ii. access, tamper with, or use services or areas of the Service that you are not authorized to access;

• iii. alter information on or obtained from the Service;

• iv. tamper with postings, registration information, profiles, submissions or Content belonging to Fitnessprogramer or other users of Fitnessprogramer ;

• v. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;

• vi. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Fitnessprogramer;

• vii. impersonate or misrepresent your affiliation with any person or entity;

• viii. reverse engineer any licensed software, application, tools or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;

• ix. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or

• x. take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.

B. Liquidated Damages. If you send unsolicited commercial email or advertising, bulk email, spam, or chain letters (collectively, “unsolicited email or other communication”) through the service, you acknowledge that you will have caused substantial harm to Fitnessprogramer , but that the amount of the harm would be extremely difficult to ascertain. as a reasonable estimation of such harm, you will pay licensor $40 for each such unsolicited email or other communication..

You understand that the Fitnessprogramer Services and software embodied within the Fitnessprogramer Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Fitnessprogramer and/or content providers who provide content to the Fitnessprogramer Services. You may not attempt to override or circumvent any of the usage rules embedded into the Fitnessprogramer Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Fitnessprogramer Services, in whole or in part, is strictly prohibited.

INTERSTATE NATURE OF COMMUNICATIONS ON Fitnessprogramer NETWORK

When you register with Fitnessprogramer, you acknowledge that in using the Fitnessprogramer Services to send electronic communications (including but not limited to email, search queries, sending messages to Fitnessprogramer Chat or Fitnessprogramer Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through Fitnessprogramer’s computer networks, portions of which are located in across the United States. As a result, and also as a result of Fitnessprogramer’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Fitnessprogramer Services and transfer, posting and uploading of software, technology, and other technical data via the Fitnessprogramer Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Fitnessprogramer Services to parties identified on such lists; (b) agree not to use the Fitnessprogramer Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Fitnessprogramer Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE FP SERVICES

Fitnessprogramer does not claim ownership of Content you submit or make available for inclusion on the Fitnessprogramer Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Fitnessprogramer Services, you grant Fitnessprogramer the following worldwide, royalty-free and non-exclusive license(s), as applicable:

• With respect to Content you submit or make available for inclusion on publicly accessible areas of Fitnessprogramer Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Fitnessprogramer Services solely for the purposes of providing and promoting the specific Fitnessprogramer Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Fitnessprogramer Services and will terminate at the time you remove or Fitnessprogramer removes such Content from the Fitnessprogramer Services.

• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Fitnessprogramer Services other than Fitnessprogramer Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Fitnessprogramer Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Fitnessprogramer Services and will terminate at the time you remove or Fitnessprogramer removes such Content from the Fitnessprogramer Services.

• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Fitnessprogramer Services other than Fitnessprogramer Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

CONTRIBUTIONS TO FP

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Fitnessprogramer through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Fitnessprogrameris not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Fitnessprogramer shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Fitnessprogramer may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Fitnessprogramer without any obligation of Fitnessprogramerto you; and (f) you are not entitled to any compensation or reimbursement of any kind from Fitnessprogramer under any circumstances.

INDEMNITY

You agree to indemnify and hold Fitnessprogramer and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Fitnessprogramer Services, your use of the Fitnessprogramer Services, your connection to the Fitnessprogramer Services, your violation of the TOS, or your violation of any rights of another.

NO COMMERCIAL REUSE OF FP SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the FitnessprogramerServices (including Content, advertisements, Software and your Fitnessprogramer ID).

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Fitnessprogramer may establish general practices and limits concerning use of the Fitnessprogramer Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Fitnessprogramer Services, the maximum number of email messages that may be sent from or received by an account on the Fitnessprogramer Services, the maximum size of any email message that may be sent from or received by an account on the Fitnessprogramer Services, the maximum disk space that will be allotted on Fitnessprogramer’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Fitnessprogramer Services in a given period of time. You agree that Fitnessprogramer has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Fitnessprogramer Services. You acknowledge that Fitnessprogramer reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Fitnessprogramer reserves the right to modify these general practices and limits from time to time.

Fitnessprogramer Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Fitnessprogramer accounts located on Fitnessprogramer servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Fitnessprogramer too. Your agreement to this TOS constitutes your consent to allow Fitnessprogramer to store these communications on its servers.

MODIFICATIONS TO FP SERVICES

Fitnessprogramer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Fitnessprogramer Services (or any part thereof) with or without notice. You agree that Fitnessprogramer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Fitnessprogramer Services (or any part thereof).

TERMINATION

You may terminate your Fitnessprogramer account, any associated email address and access to the Fitnessprogramer Services by submitting such termination request to Fitnessprogramer.

You agree that Fitnessprogramer may, without prior notice, immediately terminate, limit your access to or suspend your Fitnessprogramer account, any associated email address, and access to the Fitnessprogramer Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Fitnessprogramer Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Fitnessprogramer Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in FP’s sole discretion and that Fitnessprogramer shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Fitnessprogramer Services.

Termination of your Fitnessprogramer account includes any or all of the following: (a) removal of access to all or part of the offerings within the Fitnessprogramer Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Fitnessprogramer Services.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Fitnessprogramer Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Fitnessprogramer shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Fitnessprogramer Services.

LINKS

The Fitnessprogramer Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Fitnessprogramer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fitnessprogramer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Fitnessprogramer’S PROPRIETARY RIGHTS

You acknowledge and agree that the Fitnessprogramer Services and any necessary software used in connection with the Fitnessprogramer Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Fitnessprogramer Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Fitnessprogramer or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Fitnessprogramer Services, such Content or the Software, in whole or in part.

Fitnessprogramer grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Fitnessprogramer Services. You agree not to access the Fitnessprogramer Services by any means other than through the interface that is provided by Fitnessprogramer for use in accessing the Fitnessprogramer Services.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE Fitnessprogramer SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE Fitnessprogramer SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Fitnessprogramer AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

• Fitnessprogramer AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE Fitnessprogramer SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE Fitnessprogramer SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Fitnessprogramer SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Fitnessprogramer SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Fitnessprogramer SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fitnessprogramer OR THROUGH OR FROM THE Fitnessprogramer SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

• A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE Fitnessprogramer SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE Fitnessprogramer SERVICE. IMMEDIATELY DISCONTINUE USE OF THE Fitnessprogramer SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE Fitnessprogramer SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fitnessprogramer AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 Fitnessprogramer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE Fitnessprogramer SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Fitnessprogramer SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE Fitnessprogramer SERVICE.

MEDICAL AGREEMENT

THE FITNESS, NUTRITION, AND RELATED INFORMATION AND RECOMMENDATIONS PROVIDED BY Fitnessprogramer IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. Fitnessprogramer IS NOT A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE STARTING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. WE CANNOT PROVIDE YOU WITH MEDICAL ADVICE OR DIAGNOSIS. NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY OUR TRAINERS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. SUCH INFORMATION IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS.

In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Fitnessprogramer.

And, if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either: (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of Fitnessprogramer.

Fitnessprogramer, reserves the right to cancel or refuse your membership if we determine that you have certain medical conditions.You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

NOTICE

Fitnessprogramer may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Fitnessprogramer Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Fitnessprogramer Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Fitnessprogramer Services in an authorized manner.

TRADEMARK INFORMATION

You agree that all of Fitnessprogramer’s trademarks, trade names, service marks and other Fitnessprogramer logos and brand features, and product and service names are trademarks and the property of Fitnessprogramer LLC. (the “Fitnessprogramer Marks”). Without Fitnessprogramer’s prior permission, you agree not to display or use in any manner the Fitnessprogramer Marks.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Fitnessprogramer respects the intellectual property of others, and we ask our users to do the same. Fitnessprogramer may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fitnessprogramer’s Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the site;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Fitnessprogramer’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: mail@fitnessprogramer.com

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Fitnessprogramer and governs your use of the Fitnessprogramer Services, superseding any prior version of this TOS between you and Fitnessprogramer with respect to the Fitnessprogramer Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Fitnessprogramer services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of Fitnessprogramer to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Fitnessprogramer account is non-transferable and any rights to your Fitnessprogramer ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. 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 Fitnessprogramer Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.