Member Registration

Disclaimer Agreement

(THE LAWYERS MADE US SAY THIS):

General Overview:
The information, resources and links on the Website are provided for informational purposes only. Precision-Fitness.net and its staff assume no responsibility for its accuracy, and the information is subject to change without notice. Any use of, or actions taken, based upon any of the information contained on or accessed through this listing is done entirely at your own risk. You are only authorized to use the Website and services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Website and discontinue use of the services immediately. You represent that you have all necessary right, power, and authority to enter into and perform as required under this Agreement. Any violation of this Agreement may result in suspension or termination of your membership and access to the Website and services.

Future Revisions:
The Company reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions and Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof.
By accepting this Agreement, You agree to be bound by all future amendments or changes to this Agreement. It is your sole responsibility to review this Agreement each and every time you use the Website and services to determine if any amendments or changes have been made.

Material:
By uploading your Material, you allow all Members access to your Material for personal use. All Members may view their Material an unlimited number of times on the same registered personal computer or any other secondary or portable device. You may not view and then redigitize any Material, or upload any Material that does not belong to you to the Internet. You may not create any derivative works by altering any other member Material.

You also agree not to disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law; and not to remove any copyright, trademark or other proprietary rights notices contained in or on the Website or services. The Company is not responsible for any infringement that might take place on the Website or services, but holds all rights and privileges to materials provided by the Company. It is possible that certain photos, audio, and video posted by the Company may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. The Company is making such material available in our efforts to advance the understanding of the Company. We believe this constitutes a "fair use" of any such copyrighted material as provided in section 107 of the US Copyright Law. All software used on this site is the property of the Company or its software licensors and is protected by United States and international Copyright laws. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on any of the software provided through Service or Website. You agree not to circumvent any technology used by the Company or its licensors to protect content accessible via the service and Website. You additionally agree that the Company may act as provided under the Digital Millennium Copyright Act. You agree not to use any service marks, copyrights, patents or trademarks that are the property of the Company; use of these materials is a direct breach of the Agreement and may subject you to civil liability and damages. The Company may delete any member Material that in the sole judgment of the Company violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or member. The Company assumes no responsibility for monitoring the services or Website for inappropriate material or conduct. If at any time the Company chooses, in its sole discretion, to monitor the services or Website, the Company nonetheless assumes no responsibility for the material, and no responsibility for the conduct of the members submitting any such material.

You are solely responsible for the material that you post on or through any of the services or Website, and any content or information that You transmit to other members and for your interactions with other members. The Company does not endorse and has no control over the material. Material is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. The Company makes no warranties, express or implied, as to the material or to the accuracy and reliability of the material or any content or information that you transmit to other Members. The Company makes no representations or warranties regarding association or property rights of any links or Hyperlinks displayed on the website by members of the Company.

Disclaimer:
The content and services provided through Precision-Fitness.net (hereinafter referred to as the "Website") should not be construed as a medical diagnosis or treatment for a particular ailment or condition. Nor should such content and services be deemed a substitute for professional medical advice. When using products from this Website, Precision-Fitness.net assumes no responsibility with regard to the selection, performance, or use of these products. Nor should the contents and services provided through Precision-Fitness.net deter or delay your seeking medical advice and attention from a qualified medical practitioner located in your community. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR ITS LICENSORS BE LIABLE TO ANY MEMBER ON ACCOUNT OF THAT MEMBER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES, INCLUDING ANY MEMBERS INFRINGING USES OF MEMBERS MATERIAL. SUCH LIMITATION OF LIABILTY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES OR WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS'S AND SERVICES. SUCH LIMITATIONS SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATIONS OF PROFILES OR OTHER MATERIAL STORED THROUGHOUT, THROUGH HACKING OR OTHERWISE.
THE COMPANY SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITED BY LAW. THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SERVICES AND ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTIZED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THE COMPANY SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES AND WEBSITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITIES OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OR INFORMATION OR MATERIAL IN THE SERVICES. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. THE COMPANY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY THE COMPANY. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRECTION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Use of Website:
Use of the materials and services is prohibited where there is a restriction or violation of the law or inconsistent with its intended use. By using the materials, services and Website, You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) your use of the services and material does not violate any applicable law or regulation. Any use of the materials or services outside this Website or for your financial gain is strictly prohibited and may allow the company to recover damages related to such use. The services and material are for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Illegal and/or unauthorized use of the services and material, including collecting usernames and /or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of member privileges. Appropriate legal action may be taken for any illegal or unauthorized use of the services and materials.

Member Information:
Some of Services will require the member to register and provide certain personal data. In consideration of the use of the services and material, and in registering and providing such data, you represent and warrant that the information about you is true, accurate, current, and complete as required by various Company registration forms and you will maintain and promptly update the registration data to maintain its accuracy The Company maintains its current privacy policy. From time to time the Company may make changes to its privacy policy. If the Company makes changes, the Company will post them on the Website to make members aware of the changes, so members will always be aware of what information the Company collects, how we use it, and when we may disclose it. Members are bound by any changes to the policy when she or he uses the site after those changes have been posted. By using the materials and services on the website, you agree, without limitation or qualification, to be bound by, and to comply with, this Agreement and any other posted guidelines or rules applicable to the Company. All such guidelines and rules are hereby incorporated by reference into this Agreement. This Agreement includes the Company's policy for acceptable use of the services and material posted on the Website, your rights, obligations and restrictions regarding your use of the services and the Company privacy policy. In order to participate in certain services, you may be notified that You are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. The Website will also be using the services of a third party billing company to run members' monthly payments. You agree to allow the Company to run your monthly statement without notice. Any issues regarding billing or refunds are not the responsibility of the Website or the Company, and must be addressed to the third party billing company.

Refund Policy:
Precision-Fitness provides its members/user with the following refund policy: a member/user may cancel their contract at any time. Canceling the contract will cease any future payments by member/user to Precision-Fitness. Member/user will have continued access to the service for the remainder of their contract term. After cancellation, member/user will not be charged any additionally fee by Precision-Fitness, nor will any pro-rata refund be provided to member/user.

Indemnification:
You agree to indemnity, defend and hold harmless, the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Company and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by You. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Miscellaneous:
This Agreement woill be governed by and construed in accordance with the laws of the state of Minnesota, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of Hennepin County, Minnesota. Any controversy or claim arising out of or relating to this Agreement or any Visitors or Members use of the Services or Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any party. The arbitration shall be conducted in Hennepin County, Minnesota, and judgment on the arbitration award may be entered in any state or federal court in Minnesota having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Minnesota having jurisdiction thereof. Except as set forth above, the state and federal courts of Minnesota shall be the forum and venue to resolve disputes arising out of or relating to this Agreement or any Member's use of the Services or Website. In the event that a court of competent jurisdiction presides over any claim arising under this Agreement, You and the Company waive a right to a jury trial. If for any reason a fact finder of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. You are solely responsible for your interactions with other Members on the Website and Services. The Company reserves the right, but has no obligation, to monitor disputes between You and other Members.

Performance:
Under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, acts of God, wars, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
This Agreement constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject mater. Any waiver of any provision in this Agreement by a party will be effective only if in writing and signed by a party. Additionally, to the extent permitted by applicable law, the rights and remedies provided under this Agreement are cumulative and in addition to any other rights available to the parties at law or equity. The titles used in this Agreement are for convenience only and are in no way considered in constructing or interpreting the Agreement.

I HAVE READ THIS DISCLAIMER AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.