PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
RootObject and PTO Fitness, Inc. have jointly created this Internet site
on the World Wide Web. This site provides Internet-based communications and information
services to the consumer. By using this site, you signify your agreement to these
Terms and Conditions of use. You must agree to these Terms and Conditions in order
to use this site. Please read this document carefully. If you do not agree to all
of the Terms and Conditions of this agreement, please do not use this site.
RootObject and PTO Fitness, Inc. may revise and update these Terms and
Conditions at any time. Please periodically review the Terms and Conditions posted
on this Web site because your continued usage of this Web site (the "Site") will
mean you accept those changes.
Section 1. General Disclaimer; No Medical Advice.
The content on the Site is presented in summary form, is general in nature, and is
provided for informational purposes only. The content is not intended in any way
to be a substitute for professional medical advice. Always seek the advice of your
physician or other qualified health care provider with any questions you may have
regarding a medical condition. Neither the content nor any other service offered
by or through the Site is intended to be relied upon for medical diagnosis or treatment.
Never disregard medical advice or delay in seeking it because of something you have
read on the Site.
RootObject and PTO Fitness, Inc. do not recommend or endorse any specific
test, products, or procedures that may be mentioned on the Site. Any opinions expressed
on the Site are the opinions of the authors. RootObject and PTO Fitness,
Inc. do not assume any liability for the contents of any material provided on the
Site. Reliance on any information provided by PTO Fitness,
Inc., PTO Fitness Fitness Experts, or other visitors to the Site is solely at your
own risk. RootObject and PTO Fitness, Inc. assume no liability or responsibility
for damage or injury to persons or property arising from any use of any product,
information, idea, or instruction contained in the materials provided to you. ootObject and PTO Fitness, Inc.
reserve the right to change or discontinue at any time any aspect or feature of this Site.
Section 2. Position on Your Privacy.
- General. RootObject and PTO Fitness, Inc. recognize the premium
you place on privacy protection on the Internet. Our employees share the same concerns!
Working together, we strive to protect your privacy, including the information you
share in the registration process that you must complete in order to become a participating
subscriber ("Subscriber") to the diet and fitness planning and related services
("Subscription Services"), and the information you share within the other Interactive
Areas of this Site.
RootObject and PTO Fitness, Inc. do not collect personally identifiable
information about Subscribers or other Site users ("Users") except when such individuals
specifically provide such information on a voluntary basis. A Subscriber's or User's
access to and use of the FitnessPTO Site or services constitutes information voluntarily
given by the Subscriber or User.
- Use of Registration Information. Personally identifiable information of individual
Subscribers and Users will not be sold or otherwise transferred to unaffiliated
third parties without the Subscriber's or User's prior consent. The Site stores
the Internet Protocol (IP) address of your computer when you visit the Site. This
information is only used to create broad demographic summaries of where our Subscribers
and Users come from: for example, we know what percentage of Subscribers or Users
come from Europe or Africa, but our use of the IP addresses does not include identifying
who those users actually are. However, RootObject and PTO Fitness, Inc.
may use registration information and other voluntarily submitted information in
the following ways:
- To provide our editors with information that is useful in developing new features
and services for Site Subscribers and Users;
- To provide advertisers with aggregate -- never individual -- information about our
Subscriber base and User usage patterns; and
- To allow us to potentially vary advertising based on Subscriber and User preference.
- To provide the Subscriber base and User with an individual experience on the Site
through personalization.
RootObject and PTO Fitness, Inc. reserve the right to perform statistical
analyses and profiling of Subscriber and User behavior and characteristics in order
to measure interest in and use of the various areas of the Site and to inform partners
of such information. RootObject and PTO Fitness, Inc. will provide only
aggregate data from these analyses to third parties; no personally identifiable
information will be disclosed. RootObject and PTO Fitness, Inc. may, at
some time, permit third parties to offer subscription and/or registration-based
services through the Site. In this event, RootObject and PTO Fitness,
Inc. will not be responsible for any actions or policies of such third parties and
Subscribers and Users should check the applicable privacy policy of such party before
providing personally identifiable information.
It is not possible for a Subscriber or User to delete his or her profile from our
database, nor is it feasible to delete all traces of a Subscriber's or User's activity
in the system. Messages posted to the boards are examples of user activities that
are not feasible to delete.
RootObject and PTO Fitness, Inc. may send regular email updates to Subscribers.
If you wish to have your email address deleted from our database, please change
your profile options. Please allow two to three business days for the actual cancellation
to take effect. We will not share your email address with third parties without
first receiving your permission.
- Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards,
Chat Rooms, and other Interactive Areas (collectively referred to as "Interactive
Areas"). Subscribers and Users should be aware that when they voluntarily disclose
personally identifiable information (for example, user name, email address) on the
bulletin boards or chat areas of the Site, that information, along with any substantive
information disclosed in the Subscriber's or User's communication, can be collected
and correlated and used by third parties and may result in unsolicited messages
from third parties. Such activities are beyond the control of RootObject and PTO Fitness, Inc.
RootObject and PTO Fitness, Inc. make no warranties
about the discoverability of Subscribers' identity by methods beyond our control.
- Cookie Technology. The Site may employ cookie technology to allow Subscribers
and Users to move more quickly through the Site. Cookies are small text files a
website can use to recognize repeat users and facilitate the user's ongoing access
to and use of the site. Generally, cookies work by assigning a unique number to
the user that has no meaning outside the assigning site. They do not come onto a
user's system nor do they pose a threat to a user's files. Subscribers and Users
should be aware that RootObject and PTO Fitness, Inc. cannot control the
use of cookies by advertisers or third parties hosting data for the Site. However,
if a Subscriber or User does not want information collected through the use of cookies,
there is a simple procedure in most browsers that allows the user to deny or accept
the cookie feature. Please note that cookies may be necessary to provide the Subscriber
or User with certain features (for example, customized delivery of information)
available on the Site.
Section 3. Use of Content; Copyright.
Upon acceptance of these Terms and Conditions, RootObject and PTO Fitness,
Inc. authorize you to view or download a single copy of the material on this Web
site solely for your personal, noncommercial use. Special rules may apply to the
use of certain software and other items provided on the Site. Any such special rules
are listed as "Legal Notices" on the Site and are incorporated into these Terms
and Conditions by reference.
The contents of the Site, such as text, graphics, images, software applications
and other material including software licensed by RootObject and PTO Fitness,
Inc. to permit Subscribers and Users to access the Site ("Content"), are protected
by copyright under both United States and foreign laws, and title to the Content
shall not pass to you or any other Subscriber or User. Unauthorized use of the Content
may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered,
disassembled, decompiled, reproduced, transcribed, stored in a retrieval system,
translated into any language or computer language, re-transmitted in any form or
by any means (electronic, mechanical, photo reproduction, recordation or otherwise),
resold or redistributed without the prior written consent of RootObject and PTO Fitness, Inc.
For information obtained from the Site's licensors, you are solely responsible for
compliance with any copyright, trademark and other proprietary rights and restrictions
and are referred to the publication data appearing in bibliographic citations, as
well as to the copyright notices appearing in the original publications. You may
not sell or modify the Content or reproduce, display, publicly perform, distribute
or otherwise use the Content in any way for any public or commercial purpose. The
use of the Content on any other website or in a networked computer environment for
any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of RootObject and PTO Fitness, Inc.
If you violate any of these Terms and Conditions,
your permission to use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content.
Section 4. Company's Liability; Disclaimer of Consequential Damages.
The Content comes from sources believed to be accurate, but may contain inaccuracies
or typographical errors. RootObject and PTO Fitness, Inc. makes no representations
about the results to be obtained from using the Site or the Content. The use of
the Site and the Content is at your own risk.
You acknowledge that in connection with the Site, information will be transmitted
over local exchange, inter-exchange and Internet backbone carrier lines and through
routers, switches and other devices owned, maintained and serviced by third party
local exchange and long distance carriers, utilities, Internet service providers
and others, all of which are beyond the control and jurisdiction of RootObject and PTO Fitness, Inc.
and their suppliers. Accordingly, RootObject and PTO Fitness, Inc.
assume no liability for or relating to the delay, failure, interruption
or corruption of any data or other information transmitted in connection with use
of the Site.
The Site and the Content contained therein are provided on an "as is"
basis without any warranties of any kind. RootObject and PTO Fitness, Inc.
, their licensors, and their suppliers, to the fullest extent permitted by law,
disclaim all warranties, either express or implied, statutory or otherwise, including
but not limited to the implied warranties of merchantability, non-infringement of
third parties' rights, and fitness for a particular purpose. RootObject and PTO Fitness, Inc.,
their licensors, and their suppliers make no representation
or warranties about the accuracy, reliability, completeness, currency or timeliness
of the content, software, text, graphics, links, or communication provided on or
through the use of the Site. RootObject and PTO Fitness, Inc., their licensors,
and their suppliers do not make any warranty that the Content contained on the Site
satisfies government regulations requiring disclosure of information on prescription
drug products.
In no event shall RootObject and PTO Fitness, Inc., their licensors, their
suppliers or any third parties mentioned on the Site be liable for any damages whatsoever
(including, without limitation, incidental and consequential damages, lost profits,
or damages resulting from lost data or business interruption) resulting from the
use or inability to use the Site or the Content whether based on warranty, contract,
tort or any other legal theory, and whether or not RootObject and PTO Fitness,
Inc. are advised of the possibility of such damages. RootObject and PTO Fitness,
Inc. shall be liable to you only for gross negligence or willful misconduct and
only to the extent of actual damages incurred by you, not to exceed $50,000. Remedies
under this agreement are exclusive and are limited to those expressly provided for
in this agreement.
Section 5. User Submissions.
Except as described herein, any communication, which you post on the Site is considered
to be non-confidential. You agree that you will not upload or transmit any communications
that infringe any patent, trademark, trade secret, copyright or other proprietary
rights of any party. By submitting communications to any part of this Site, you
automatically grant -- or warrant that the owner of such content has expressly granted
-- RootObject and PTO Fitness, Inc. a royalty-free, perpetual, irrevocable,
world-wide nonexclusive license to use, reproduce, create derivative works from,
modify, publish, edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology whether now known
or hereafter developed, and to sublicense such rights through multiple tiers of
sublicenses.
Section 6. Use of Interactive Areas.
RootObject and PTO Fitness, Inc. may provide Interactive Areas on the
Site. If you use an Interactive Area, you are solely responsible for your own communications
and the consequences of posting those communications. RootObject and PTO Fitness,
Inc. do not assume any responsibility for the consequences of any Interactive Area
communications on or arising from use of the Site. In cases where you feel threatened
or believe someone else is in danger, you should contact your local law enforcement
agency immediately.
In consideration of being allowed to use the Interactive Areas, you agree that the
following actions shall constitute a material breach of these Terms and Conditions:
- Use of an Interactive Area for any purpose in violation of local, state, national,
or international laws;
- Post material that infringes on the intellectual property rights of others or on
the privacy or publicity rights of others;
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another Subscriber or User or any other person or entity
as determined by RootObject and PTO Fitness, Inc. at their sole discretion
pursuant to this Section 6;
- Post advertisements or solicitations of business;
- After receiving a warning, continue to disrupt the normal flow of dialogue, or post
comments that are not related to the topic being discussed (unless it is clear the
discussion is free form);
- Post chain letters or pyramid schemes;
- Impersonate another person;
- Allow any other person or entity to use your identification to post or view comments;
- Post the same note more than once (The online word for posting many times on one
topic is "spamming." Spamming is strictly prohibited); or
- Engage in any other conduct that restricts or inhibits any other person from using
or enjoying the Interactive Areas, or which, in the judgment of RootObject and PTO Fitness, Inc.
, expose RootObject and PTO Fitness, Inc. or any of
their customers or suppliers to any liability or detriment of any type.
RootObject and PTO Fitness, Inc. reserve the right to record the dialogue
in public chat rooms. RootObject and PTO Fitness, Inc. do not screen communications
in advance and is not responsible for screening or monitoring material posted by
Subscribers or Users or any other person or entity. If notified by a Subscriber
or User of communication(s) which are alleged not to conform to the terms of this
Section, RootObject and PTO Fitness, Inc. may investigate the allegation
and determine in its sole discretion to remove or request the removal of the communication(s).
RootObject and PTO Fitness, Inc. reserve the right to remove communications
which are abusive, illegal, disruptive, or that otherwise fail to conform with these
Terms and Conditions. In addition to the removal rights described above, RootObject and PTO Fitness, Inc.
reserve the right to terminate a Subscriber's or
User's access to any or all Interactive Areas upon Subscriber's or User's breach
of these Terms and Conditions. RootObject and PTO Fitness, Inc. reserve
the right (but are not obligated) to edit or delete any communication(s) posted
on the Site, regardless of whether such communication(s) violate these standards
for content.
Furthermore, RootObject and PTO Fitness, Inc. reserve the right (but are
not obligated) to monitor, edit, or disclose any type of posting on the Interactive
Areas for adherence to the Terms and Conditions, if required in the course of normal
operation and maintenance of the Site, or if required to do so by law or in the
good-faith belief that such action is necessary to: (i) comply with the law or comply
with legal process served; (ii) protect and defend the rights of RootObject and PTO Fitness, Inc.
or others; or (iii) act in an emergency to protect the
personal safety of our guests or the public. RootObject and PTO Fitness,
Inc. HAVE NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR USERS OR ANY OTHER PERSON
OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
RootObject and PTO Fitness, Inc. do not represent or guarantee the truthfulness,
accuracy, or reliability of any of the material posted by Interactive Area users
or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED
IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
Through your use of the Site's Interactive Areas, you are agreeing to all of the
aforementioned Terms and Conditions for the use of such Interactive Areas contained
herein.
Section 7. Links to Other Sites.
The Site may contain links to third party Web sites. These links are provided solely
as a convenience to you and not as an endorsement by RootObject and PTO Fitness,
Inc. of the content on such third-party Web sites. RootObject and PTO Fitness,
Inc. are not responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of materials on such
third-party Web sites. If you decide to access linked third-party Web sites, you
do so at your own risk. Your use of third-party Web sites is subject to the Terms
and Conditions of use for such sites.
Section 8. Advertisements.
The Site may contain advertisements by third parties, and these advertisements may
contain links to other Web sites. Unless otherwise specifically stated, RootObject and PTO Fitness, Inc.
do not endorse any product or make any representation
regarding the content or accuracy of any materials contained in, or linked to, any
advertisement on the Site.
Section 9. Indemnity.
You agree to defend, indemnify and hold RootObject and PTO Fitness, Inc.,
their 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 use of the Subscription Services, Content (including Software),
or the Interactive Areas in a manner that violates or is alleged to violate these
Terms and Conditions. RootObject and PTO Fitness, Inc. shall provide notice
to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate
with you, at your expense, in your defense of any such claim, suit or proceeding.
Section 10. Export Control.
The United States controls the export of products and information. You agree to
comply with such restrictions and not to export or re-export the Content (including
Software) to countries or persons prohibited under the export control laws. By downloading
the Content (including Software), you are agreeing that you are not in a country
where such export is prohibited or are a person or entity to which such export is
prohibited. You are responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of the Content (including Software).
Section 11. General.
PTO Fitness, Inc. is based in Windsor, Ontario, in Canada. RootObject, Inc. is based in Phoenix, Arizona,
in the United States of America.
RootObject and PTO Fitness, Inc. make no claims the
Content is appropriate or may be downloaded outside of the United States or Canada. Access
to the Content (including Software) may not be legal by certain persons or in certain
countries. If you access the Site from outside the United States or Canada, you do so at your
own risk and are responsible for compliance with the laws of your jurisdiction.
Section 12. Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with RootObject and PTO Fitness, Inc.,
or in any way relating to your subscription to
or use of the Site, resides in the courts of the Commonwealth of Arizona and you
further agree and expressly consent to the exercise of personal jurisdiction in
the courts of the Commonwealth of Arizona in connection with any such dispute including
any claim involving RootObject and PTO Fitness, Inc. or their affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication providers
and content providers. These Terms and Conditions are governed by the internal substantive
laws of the Commonwealth of Arizona, without respect to its conflict of laws principles.
If any provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions, which shall
remain in full force and effect. No waiver of any of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or condition or any
other term or condition.
Section 13. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE SITE, THESE TERMS
AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND RootObject and PTO Fitness, Inc.
WITH RESPECT TO THE USE OF THE SITE AND ANY SOFTWARE AND CONTENT
CONTAINED THEREIN. Thank you for your cooperation with these Terms and Conditions.
We hope you find the Site helpful and convenient to use! Questions or comments regarding
this Site should be directed to our Support
Department.
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