|
Terms of Use and
Conditions
By accessing and using the
web site Pacific Elite Fitness ("Site"), you are agreeing to be bound by these terms
of use and conditions (including: privacy statement, no guarantee, disclaimer,
age restriction, membership agreement, etc.) and all applicable laws
and regulations. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE,
YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THIS SITE. These Terms of Use
may change from time to time without notice and it is your responsibility to
check for updates. By using this Site you are agreeing to be bound by the then
current version of these Terms of Use (last modified 09/08/2005).
Privacy
Statement
At various pages in our Site
you may be asked to provide us with information. This information may include
contact information (name, address, email address, etc.), health history
(illnesses and conditions), exercise history (current exercises) and goals
(lose weight, gain strength, etc), age/gender, etc. Your contact information
may be used by Pacific Elite Fitenss to provide you with your training
programs, to communicate with you about your program or to provide you with
other information that Pacific Elite Fitness considers valuable to you. Profile
information is collected so that we may personalize your training program. Pacific
Elite Fitness we will not share your personal information with any external
organization nor will we sell any personal information about you, including
your email address. Any personal information you provide is protected by a
secure CGI server. This
information may be used to contact the customer if there is a question or
problem with a purchase made. Pacific Elite Fitness or is not
responsible for any links to other sites or the privacy practices or content of
such web sites.
No
Guarantee
Pacific Elite
Fitness does not guarantee or warrant the quality, accuracy, completeness,
timeliness, appropriateness or suitability of the information on the site or of
any product or services referenced on the site.
You acknowledge that Pacific
Elite Fitness, its employees, heirs,
directors, officers, agents, employees, representatives, successors and
assigns, administrators, executors, and other parties involved
in the creation, production or delivery of the site will not be held liable for
any damages suffered or incurred by you or any third person arising out of.
(a) any fault, interruptions or delays in the provision of the site; or
(b) any inaccuracies, errors or omission in the site or any
product or services referenced on the site, however such faults, interruptions,
delays, inaccuracies, errors or omissions arise.
Liability Disclaimer
As with all programs,
techniques, and materials related to health, exercise and fitness, you are
strongly urged to consult a physician or other appropriate health-care
professional before using any of the products and services made available by or
through Pacific Elite Fitness. If you have chosen not to obtain a
physician's permission prior to beginning this program, then you are doing so
at your own risk. Pacific Elite Fitness cannot guarantee that such products and
services will be safe, effective or suitable for everyone. For that reason, all
such products and services, and the programs, techniques and materials embodied
in such products and services, are offered without warranties or guarantees of
any kind, express or implied, and Pacific Elite Fitness disclaims any
liability, loss or damages that may result from their
use.
By accepting the terms of this agreement, you
are stating that you fully understand that you are solely responsible for the
way that the information within this Website and within all forms of
communication received from Pacific Elite Fitness is perceived and utilized and
do so at your own risk. By accepting the terms of this agreement, you are
acknowledging that all types of exercise are potentially hazardous activities
and may cause injury and even death. You are stating that you are voluntarily
participating in these activities. By accepting the terms of this agreement, on
behalf of yourself, your heirs, assigns, insurance companies, executors and
administrators, you are acknowledging that you do hereby waive, release and
forever discharge Pacific Elite Fitness and their respective heirs, directors,
officers, agents, employees, representatives, successors and assigns,
administrators, executors, and all others from any and all responsibilities or
liability from injuries or damages resulting from or connected with your
participation in any of the Pacific Elite Fitness exercise programs, whether
arising from the negligence of the releasees or otherwise. All of the
information provided on the Pacific Elite Fitness website and through any Pacific
Elite Fitness communication is made without warrantee or guarantee, express or
implied. You acknowledge and agree that no warranties or representations
have been made to you regarding the results you will achieve from this program.
You understand that results vary from one individual to another.
Pacific Elite Fitness offers
no warranties or representations regarding the advice, instructions, e-mail
advice or any other information contained in this Website. Pacific
Elite Fitness disclaims any responsibility and all warranties, representations
and conditions regarding the site or the information, including all implied
warranties and conditions of merchantability, fitness for a particular purpose,
non-infringement, whether expressed or implied, or arising from a course of
dealing, usage or trade practice and shall not be liable for any damages,
claims, liabilities, costs or obligations including any direct, indirect,
special, incidental, punitive or consequential damages (collectively the
"damages") whatsoever and howsoever caused, arising out of or in
connection with the use or misuse of the site or the information whether such
damages arise in contract, tort, negligence, equity or statute law or by way of
any other legal theory regardless of whether such damages could have been foreseen.
You agree
that all the personal information (e.g. your health history) provided by you to
Pacific Elite Fitness is true and accurate. And, you agree to notify Pacific
Elite Fitness if any of your personal information changes in the future while
you are still a member of Pacific Elite Fitness.
The
Information on the Site (and within any forms of communication from Pacific
Elite Fitness) is provided for information and education purposes only.
The Information is not intended to be and does not constitute healthcare or
medical advice. The Information is not intended to be and must not be used for
diagnosis. The Information on this Site is general in nature and is not
specific to you. You are
responsible for the way this information is perceived and utilized, and do so
at your own risk. You should not make any decision
regarding treatment and/or medication based on any of the Information on this
Site. Any decision concerning your health, treatment and/or medication should
be made in consultation with a qualified healthcare professional.
Any
nutritional information on the Site is intended for informational and
educational purposes only. Nutritional information is provided by a Pacific
Elite Fitness certified personal trainer, not by a registered dietician or
other medical professional. Pacific Elite Fitness does not employ dieticians or
any other medical professionals.
Age
Restriction
You must be
at least 18 years old to use the information on this Site. If you are
under 18 years old, then you must have permission from a parent or legal
guardian to use this Site.
Membership Agreement
Membership fees are not
refundable. Memberships are not transferable and only you are authorized to use
this membership. Only registered Pacific Elite Fitness members have permission
to view and print any and all of the information provided within the Pacific
Elite Fitness website. Members, or anyone otherwise, may not loan, rent, lease,
or otherwise transfer the information to another person without the written
permission of Pacific Elite Fitness. Members may not share or sell their
username and password to a third party. You may cancel your membership at any
time (but no refund will be provided on programs already purchased). Automatic subscription
payments are based on the registration information that you provide payment
through PayPal.
IF YOU DO
NOT AGREE WITH ANY PART OF THESE TERMS OF USE AND CONDITIONS DETAILED IN ALL OF
THE ABOVE PARAGRAPHS, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SITE.
If you have
any questions about these Terms of Use and Conditions, you may contact Pacific Elite
Fitness at elite@pacificfit.net.
|