May 16, 2012 - Your Sports Trainer, LLC ("YST")
Welcome to YourSportsTrainer.com!
2. Use of the YST Content and Services
The contents of the YST Site, such as text, images, videos, graphics, animation, information obtained from YST's licensors, and other material contained on the YST Site ("Content") are for educational purposes only.
YST is pleased to grant you a limited license to view the Content and to use the YST Services for personal, non-commercial purposes as set forth in these Terms. You should be aware that this Site is not intended or designed to attract children under the age of thirteen (13). It is highly recommended that all use by minors should be monitored by a parent or guardian. We do not collect personally identifiable information from any person we actually know is a child under the age of thirteen.
You must not remove, interfere with, alter, or circumvent any trademark, copyright, or other proprietary marks and notices associated with the Content. The copying, duplication, downloading, reproduction, archiving, uploading, modification, translation, distribution, publication, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by YST in writing.
You may not incorporate the Content into any software or hardware application. This restriction applies even if you intend to give away the derivative materials free of charge.
You agree that YST owns and retains all rights to the Content and Services. You further agree that the Content and Services provided to you and other users as part of the Services is owned by YST and YST's licensors. The Content and Services are protected by trademark, copyright, and other intellectual property laws.
Publish Licensing Fees: Upon written approval, YST may a grant a license to publish YST owned content to a third party. Unless otherwise written, each written article, video and/ or image may be published or broadcasted by video, publication, radio or internet at a rate of $100 per day, per each distinct content such as a written article, video and/ or image. YST must be notified by the third party of the use of any and all YST owned published content.
3. Seek Medical Advice Before Performing Physical Activity - YST Does Not Provide Medical Advice
It is highly recommended that all users of YST seek professional medical advice before attempting any exercises, drills and workouts obtained or referred from YST. Use of Content and Services are to be used at your own risk.
Content and Services are not intended to be substituted for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or physical condition. Never discount professional medical advice or postpone in seeking professional advice because of something you have read or viewed on the YST Site.
THE CONTENT Along with other Info PRESENTED ON THE site ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT Isn't INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. Prior to Beginning THIS OR ANY OTHER Diet plan OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO Figure out IF ONE OR Much more OF OUR Diet plan AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR Requirements. Don't Begin A Diet plan OR FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR Well being CARE PROVIDER ADVISES AGAINST IT. RODALE RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE SITES IF WE Figure out Which you HAVE OR In the event you INFORM US Which you HAVE Particular MEDICAL CONDITIONS. RODALE RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE SITE.
The procedure of becoming a member of YST Sites (a "Member") demands entry of particular individual info and, amongst other conditions of membership, agreement with these Terms and Conditions to be able to acquire access towards the Website.
In becoming a Member with the intent of utilizing the Sites, you affirm that either (A) all the following statements are accurate: (i) no physician has ever informed you which you have a heart condition or which you should only do physical activities suggested by a physician; (ii) you've by no means felt chest discomfort when engaging in physical activity; (iii) you've not skilled chest discomfort when not engaged in physical activity at any time inside the past month; (iv) you've by no means lost your balance due to dizziness and you've by no means lost consciousness; (v) you don't have a bone or joint issue that might be created worse by a alter inside your physical activity; (vi) your physician isn't presently prescribing drugs for your blood pressure or heart condition; (vii) you don't have a history of high blood pressure, and no one inside your immediate loved ones has a history of high blood pressure or heart issues; and (viii) you don't know of any other reason you should not exercise; or (B) your physician has particularly approved of your use of the Sites.
And in becoming a Member with the intent of utilizing the Sites, you further affirm that either (A) all the following statements are accurate: (i) you're not allergic to nuts, eggs, dairy goods or any other foods; (ii) you're not presently following a diet plan strategy supplied to you by a physician or other medical expert for well being factors; and (iii) you've not been medically diagnosed as suffering from diabetes, hypoglycemia, heart illness, high cholesterol or high blood pressure; or (B) your physician has particularly approved your use of the Sites.
And if you're a woman, in becoming a Member with the intent of utilizing the Sites you further affirm that either (A) you're not pregnant, breastfeeding or lactating or (B) your physician has particularly approved your use of the Sites.
You're advised that well being, diet plan & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect towards the particular material. You're encouraged to consult with your well being care provider with any questions or concerns you may have regarding any well being condition.
4. Your Responsibilities
To help keep the Content and Service and safe and available for everyone to use, we all need to be smart and work within common sense guidelines. In general, the Content and Services must only be used for lawful and appropriate purposes only. You agree not to use the Content and Services in such a way that:
- violates the rights of others including copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary rights;
- encourages illegal behavior or conduct that would constitute a criminal offense or give rise to civil liability;
- interferes with any party's use and enjoyment of the Content and Services;
- violates these Terms or any guidelines or policies posted by YST;
- attempts to introduce viruses or any other software code, programs, files that suspend, destroy, or limit the functionality of any computer software, hardware, network, or telecommunications equipment;
- attempts to disable, injure, impair, overload, or obtain unauthorized access to the Content or Services, including YST's computer network, servers, database, or user accounts;
- uses any means or technology access the Content or Services that is not authorized by YST (including by circumventing or disabling any Content protection intended to prevent the unauthorized download, reproduction, scanning, stream capture, linking or distribution of the Content or Services);
- involves accessing the Content or Services through any automated means, including "spiders," "robots," or "offline readers" (other than by search engines where the sole purpose of, and only to the extent necessary for, creating publicly available search indices of Content or Services that are currently available to the public and not member only Content and Services);
- attempts to disable, remove, modify, suspend or otherwise impair any advertising in connection with the Service.
Your privacy is of utmost importance to us, and we will take it seriously. All personally-identifiable information that you submit will solely be used to provide your requested service, product, or information. We will not sell, rent, license or share your personally-identifiable information including your e-mail address. Non-personally identifiable data may be collected in aggregate form to improve the YST. We may automatically gather limited general information including, but not limited to, the domain name, the previous third party IP address which you enter our site, which YST pages you visit and the amount of time spent on those pages.
5. No Spam/ Unsolicited Communications
No one may use the Content or Services to acquire information about users for the purpose of sending, or to encourage or facilitate the sending of unsolicited bulk emails or other communications. You understand that we may utilize any technical solutions to prevent spam or unsolicited bulk communications from our system and networks.
You acknowledge that any attempt to send spam, advertising, or other unsolicited communications of any kind through the YST Services including comments and posts will have caused substantial harm to YST. The amount of such harm would be difficult to measure, so as a reasonable approximation of such harm, you agree to pay YST $25 for each such unsolicited communication you send through the YST Services and systems.
YST may place a cookie on your computer to improve YST and your YST experience or to track site activity. We store cookie data in aggregate form only. Our session cookies are temporarily stored on your computer and cease when you exit YST. Permanent cookies may be assigned only to users who link the site from a search engine and are used only to permit Fee Disclosure to attract qualified users to the site.
7. User Registration and Accounts
We may offer various Services and features that require the user to create their individual user account on the YST Site. Should you choose to register or create a user account with us, the following additional terms and conditions set forth will also apply.
- All registration information that you submit must be accurate and updated.
- Please keep your password confidential, including to all YST representatives.
- You are responsible for any and all use on your account, including unauthorized use by any third party. Clearly, it is critical that you do not share or reveal your password with anyone. Please notify us immediately of any suspected unauthorized use of your account.
- You may terminate your account by emailing YST. Please provide a valid reply email address and phone number in the event we require additional information to terminate your account.
We reserve the right to immediately cancel your account or your use of YST without notice or liability, at any time, if YST determines, in its sole discretion that you have breached these Terms, violated any law, regulation, or rule, engaged in other inappropriate behavior, or for any other business reason.
8. Content and Services that Require Fees
Features of YST Content and Services may require a subscription or fee payment for access, as described in the specific conditions where those products and services are offered. You agree to pay all fees and charges that you incur. We may, at any time, upon notice if required by applicable laws, change the amount of any subscription, fee or charge, or establish new fees or charges. All payments are due in accordance with payment terms in effect at the time the fee or the charge becomes payable. After the initial membership term ends, membership will automatically renew on a periodic basis. Any termination of Services which has received payment for such Services will not refunded, unless YST, at its sole discretion, chooses to refund full or partial payments.
9. Suspension, Modification and Discontinuation of YST Content and Services
At any time, we may change, suspend, or discontinue — temporarily or permanently —all or some of he Content or Services with respect to any or all users without notice. You acknowledge that YST may do so at YST's sole discretion. You also agree that YST will not be liable to you for any suspension, modification, or discontinuance of Services.
10. User Comments, Reviews, Articles and Other Material
As part of the YST system, users may have an opportunity to submit, publish, transmit, or otherwise post (collectively, "Post") comments, articles, reviews, personally identifiable information, or other materials (collectively, "User Material"). To keep YST pleasant for all of our users, you must adhere to the following terms.
You either must be, or have previously obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own or otherwise have the appropriate right of the User Material and grant YST the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including publicity rights, privacy rights, and intellectual property rights. In addition, you agree to pay for all fees, royalties and other payments owed to any party by reason of your Posting User Material. YST will remove all User Material if we are properly notified that such User Material infringes on another party’s rights. Additionally, you acknowledge that YST does not guarantee any confidentiality with respect to any User Material.
Third Party Posts
In no event does YST assume any liability or responsibility whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies that you may have against YST with respect to such User Material. However, you can help us by notifying us of any unlawful or inappropriate User Material you find.
11. Third Party Websites and Advertising
YST is not responsible for the practices or content of any website other than the YST Site, even if it links to the YST Site and even if the website is operated by a company affiliated or otherwise connected with YST. By using the YST Services, you agree and acknowledge that YST is not responsible or liable to you for any content, products or other materials served and hosted from any website other than the YST Site.
YST claims no responsibility or liability for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any and all dealings that you have with advertisers found while using the YST Services are between you and the advertiser. You agree that YST is not liable for any claim or loss that you may have against an advertiser. Additionally, you agree that YST may display promotions and advertisements of all kinds in and with the services.
13. Rights You Grant to YST
To ensure that YST is able to provide high-quality services that are responsive to users' needs, you agree that YST employees will have access to your account and records as reasonably needed to investigate complaints and system quality related issues.
Merger or Acquisition
To ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of an individual website owned by YST, or sale of all or substantially all of YST’s assets, YST may transfer your User Material, which includes your personally identifiable information to a third party as a part of such merger, acquisition, reorganization, or sale.
14. No Third Party Engagements with Trainers, Marketing Partners and Users
YST will not engage itself in/ or with the representations or agreements and between users/ members and other third parties.
15. Accuracy of Information
All information and content is provided "as is" without any representation, warranty or condition as to its accuracy or reliability. YST makes only some effort to ensure that accurate content is provided through this Site. If you know of any corrections required, please contact us so that we may make the necessary changes. YST makes no warranties nor representations as to the accuracy, timeliness, reliability or completeness of any such information. Additionally, YST will not make any commitments and further disclaims any duty to update such information.
YST may permit other third parties to provide information and testimonials, including references and personal pages to their own site, products and services. This Site may also post articles and other content provided by third parties. You acknowledge that the recommendations and opinions of third parties contained in this Site may not be endorsed or necessarily those of the YST.
YST, www.YourSportsTrainer.com, the YST logo, and other YST graphics, videos, marks, logos, scripts, and sounds are trademarks of YST. YST trademarks may be copied, downloaded, or otherwise exploited.
17. DISCLAIMER OF WARRANTIES, LIMITATION OF INDEMNITY AND LIABILITY
WE STRIVE TO ENSURE THE OPTIMAL PERFORMANCE OF THE YST SERVICES, HOWEVER, YOU AGREE THAT USE OF YST SERVICES IS AT YOUR OWN RISK. YST SERVICES, INCLUDING THE YST SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL, OTHER MEMBER CONTENT AND ANY OTHER MATERIALS CONTAINED IN OR PROVIDED THROUGH THE YST, ARE PROVIDED "AS IS" WHICH MAY UNITENTIAONALLY CONTAIN ERRORS OR OMISSIONS. ALL YST SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YST DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE YST SERVICES WILL BE CONTINUOUS OR UNINTERRUPTED, FREE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, RELIABLE OR ERROR FREE.
IN NO EVENT SHALL YST OR ITS AFFILIATES, ASSIGNS, SUCCESSORS AND EACH OF THEIR RESPECTIVE INVESTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND AGENTS (COLLECTIVELY, THE "YST PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE YST SERVICES (INCLUDING ANY INFORMATION, CONTENT, SERVICES, OR PRODUCTS ADVERTISED OR MARKETED IN, PROVIDED, OR OBTAINED THROUGH THE YST), WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORY, EVEN IF THE YST PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS YST PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, EXPENSES INCLUDING REASONABLE ATTORNEY'S FEES AND ASSOCIATED COSTS, AND OTHER LOSSES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF YST SERVICES.
RELEASE. YOU AGREE THAT NEITHER YST, NOR THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS ("RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITE, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
18. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
19. GENERAL INFORMATION
Since YST may be accessed internationally, you agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Assignment. You may not assign or transfer your rights or the license granted to you under this Agreement without YST prior, express written consent. Any attempt to assign or transfer your rights or license shall immediately terminate this Agreement and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without a right to a refund. YST may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.