My Online Fit Club
- Member Terms Agreement -
Fitness Disclaimer:
The information contained within MyOnlineFitClub.com may or may not be accurate and is open to interpretation. You are forewarned that you must exercise your own judgment as to the difficulty and your ability to safely protect yourself from the inherent risks and dangers in performing the exercises and following the meal plans. Before adhering to any of the information or suggestions from Trainer Z and/or MyOnlineFitClub.com, you should first consult with your doctor.
Understand once again that you are solely responsible for the way the information on MyOnlineFitClub.com is perceived and utilized, and do so at your own risk. In no way will ZeZor DeForce aka Trainer Z, Mind N Body Fitness, its employees, associates, and affiliates be responsible for any kind of injuries, health problems or death that might occur due to the use of this website.
As with any exercise or nutrition program, you should consult with a physician before starting a new exercise or diet/meal plan program.
Privacy Agreement:
This privacy statement discloses the privacy practices for Mind N Body Fitness.
1. The organization collecting the information...
Mind N Body Fitness via its website MyOnlineFitClub.com allows for its members to meet other members on a personal level via the Internet. While the MyOnlineFitClub.com site is solely responsible for collecting, displaying, and storing member data, entrance into MyOnlineFitClub.com via the Internet may be from affiliated partners via the partners' Internet address and identity. A member's inclusion into MyOnlineFitClub.com, by arrival via any one specific Internet address or identity will enable their publicly viewable ad and profile to be available to all other partner sites. To accomplish this, our members create their own personalized profile by providing certain personal information. None of the information we gather is permitted to be used by the public (visitors, members of our Partner Program, other members, or anyone not employed by Mind N Body Fitness or the financial institutions we use to process membership fees) to identify a specific individual.
2. What information this site gathers/tracks about you...
Mind N Body Fitness gathers two types of information from its websites: Information users voluntarily submit to us and information indirectly submitted to us by users.
Information users voluntarily submit to us:
There are two types of user-submitted information we collect:
Public and Private.
Public information may be displayed on the site, such as age, gender and height, but cannot be used to define any member's real identity. Private information is defined as any information that allows others to contact a user other than through the Mind N Body Fitness sites or allows the collection of information about the user other than what is displayed on the site.
Private information is gathered from members and guests who apply for various services our site offers. This information includes email address, first name, last name, birth date, credit card number, and a user-specified password.
3. What this site does with the information it gathers/collects...
Information users submit to Mind N Body Fitness:
Public:
Public information supplied by the user is intended to be viewed by visitors to the site. This information is used by visitors for searching and matching purposes. Public information cannot be used to identify a specific member by name, address, etc..
Private:
Email addresses submitted by members and those placing personal profiles are used by us when forwarding e-mail responses. Member email addresses are not disclosed to the person responding to a member's or advertiser's profile, unless permitted otherwise. We may use a user's email address to send valuable update or other information regarding our site, but the user may choose not to receive email of this type by contacting us. Email addresses may also be used in private correspondence with the user for customer service issues. Financial information that is collected is used to bill the user for products and services. All other private information submitted by the user is confidential. All private information can be updated or deleted by the user at any time.
4. With whom the information may be shared...
We do not sell, rent, share, trade or give away any of your personal information except to the financial institution that processes your credit card.
Our site uses temporary cookies to keep member session information. We use cookies to deliver content specific to your interests. We use cookies to track items such as unique visitors to a page. At times we will pay to advertise on sites other than our own on a click-through basis, and we have used cookies to monitor traffic from those sites on which we advertise. If the user chooses to disable the use of cookies in their browser, most areas of the Service will not function properly.
5. What choices are available to you regarding deleting and deactivating the information...
There is never any obligation to remain a registered member of MyOnlineFitClub.com. At anytime, you can delete your membership from within your profile or by contacting us directly. Some information concerning your membership may be retained for future legal and/or investigation purposes, if needed.
We do not allow members to "Deactivate", "Suspended" or become "Invisible" on our site. If you do not wish for your membership and/or profile to be seen on our site, you must delete it totally.
6. The kind of security procedures that are in place to protect your information...
You are responsible for the security of your MyOnlineFitClub.com username and password. Please take care when using and storing them in a safe place. Mind N Body Fitness demands that you do not divulge your password to anyone. You should log out of your browser at the end of each computer session to ensure that others cannot access your personal information and correspondence, especially if you share a computer with someone else or are using a computer in a public place, such as a library or Internet cafe.
7. How you can correct any inaccuracies in the information...
Mind N Body Fitness gives registered members the following options for accessing, correcting or modifying the information stored in Mind N Body Fitness' database. You may update this information at any time from within your personal MyOnlineFitClub.com account.
8. Changes in our Privacy Policy...
If our privacy policy changes in a way that will materially affect our users, we will either notify them by e-mail or post a notice of the changes on the site.
9. Contacting Us...
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Website, you can contact:
Mind N Body Fitness Customer Service
41 Cedar St.
Dobbs Ferry, NY 10522
10. Use Agreement and Terms of Use Acceptance...
Please read this Member Terms and Conditions Agreement carefully. The Agreement sets out the terms under which the MyOnlineFitClub.com services are provided to you by Mind N Body Fitness. By registering or placing a profile on MyOnlineFitClub.com site you become a member of the service (a "Member") and you agree, without limitation or qualification, to be bound by, and to accept, these Members Terms of Use and Conditions Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the Terms, please do not register for membership or otherwise access or use this Site.
11. Restrictions on Use...
This service is for adults only. You must be at least 18 years old to register, and by signing up for a membership on this site you certify that you are at least 18 years old. If your state or country that you live in requires you to be older than 18, you certify that you are of a proper age to legally sign up for our services by signing up for a membership or by posting a personals ad.
12. Member and User Online Conduct...
You are solely responsible for the content or information you publish or display (hereinafter, "post") on the site, or transmit to other Members of the site. You agree that you will not use this site or its services to: Intentionally or unintentionally violate any and all applicable laws and regulations. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
· Upload, post, e-mail, or otherwise transmit or post links to any personal profile information such as telephone numbers, street addresses, last names, e-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or any confidential information of any third person.
. Collect or store personally identifying information about other users for commercial or unlawful purposes.
. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
· Upload, post email otherwise transmit or post links to any photographs or other images containing nudity or such personal information. Mind N Body Fitness reserves the right, but has no obligation, to reject any profile or photograph or image that does not comply with these prohibitions.
· Sell, distribute, or make any commercial use of data obtained from MyOnlineFitClub.com database or make any other use of data from any Mind N Body Fitness database in a manner which could be expected to offend the person for whom the data is relevant.
· Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
· Impersonate any person or entity.
· Create multiple profiles within the MyOnlineFitClub.com site.
· "Stalk" or otherwise harass any person.
· Conspire to commit a crime through the use of the MyOnlineFitClub.com site.
· Engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service.
· Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
· Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
· Harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent.
· Use automated means, including spiders, robots, site search/retrieval applications, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
· Remove any copyright, trademark or other proprietary rights notices contained in the Site.
· Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. · Interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.
· Upload, post, e-mail, otherwise transmit or post links to any material that contains 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 or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Mind N Body Fitness.
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
· Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
· "Frame" or "mirror" any part of the Site, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to Mind N Body Fitness or the Service of the Site in order to direct any person to any other website for any purpose.
· Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
· Intentionally disrupt the use of this site by manipulating the hardware/software/content of this site
· Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
· You are solely responsible for your interactions with other Members. You are responsible for your own privacy and any information you make available through this site.
· Exclude any liability for death or personal injury due to our negligence.
· Access the Services after your account or access has been terminated by Mind N Body Fitness.
· Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
This site is not responsible for the online conversations expressed by the users of this site and does not necessarily agree with any content posted on this site.
This site is not responsible for any damage to your hardware/software caused by downloading viruses or any other disruptive data from this site posted by other users.
This site is not responsible for any actions taken by you or others in response to any material on this site or contained herein.
You acknowledge and agree that Mind N Body Fitness and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Mind N Body Fitness and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Member's Terms and Use Agreement or is otherwise objectionable as determined by Mind N Body Fitness, in its sole discretion. Mind N Body Fitness may also terminate access to, or membership in, Mind N Body Fitness, or any portion thereof, for violating these Terms and Usage Agreement. You acknowledge and 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 or obtained through the use of Mind N Body Fitness and in all other parts of Mind N Body Fitness' Services.
Indemnity by Member...
You agree to indemnify, defend and hold harmless Mind N Body Fitness, its partner sites, officers, directors, employees, and consultants from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your use of this Web site, the violation of these terms and usage agreement by you, or the infringement by you, or other user of Mind N Body Fitness or partner web sites through the use of your computer, or your infringement of any intellectual property or other right of any person or entity. Mind N Body Fitness and its partner sites reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Online Content...
Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member-author and not of Mind N Body Fitness or its partner sites and should not necessarily be relied upon. Such Members are solely responsible for such content. Mind N Body Fitness and its partner sites do not guarantee the accuracy, completeness or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Mind N Body Fitness or its partner sites be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to Members.
The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information.
Obscenities and Monitoring...
It is possible that other Mind N Body Fitness or affiliated partner sites' Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the MyOnlineFitClub.com site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Mind N Body Fitness and its partner sites are not responsible for the use of any personal information that you may choose to disclose on our Service. Please carefully select the type of information that you post on the services herein or release to others.
Mind N Body Fitness, RESERVES THE RIGHT, WITHOUT OBLIGATION, TO MONITOR THE MATERIALS POSTED IN ALL AREAS OF THE Mind N Body Fitness OR PARTNER SITES' SERVICES. Mind N Body Fitness SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF, Mind N Body Fitness EVERY MEMBER REMAINS SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THEY POST IN THE PUBLIC AND PRIVATE AREAS OF THE SERVICE, INCLUDING PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER Mind N Body Fitness OR PARTNER SITE MEMBERS, WHICH ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY Mind N Body Fitness AND ITS PARTNER SITES, TO THE EXTENT REQUIRED BY APPLICABLE LAW.
Electronic Mail...
Mind N Body Fitness reserves the right to send registered members or advertisers, electronic mail regarding its products and services. Mind N Body Fitness forwards mail anonymously from other customers to members who have posted ads or profiles that are publicly visible on the site. You agree to accept such. You understand that it may take up to forty-eight hours for Mind N Body Fitness to remove your e-mail address from our address list, if you choose to no longer receive e- mail which does not explicitly relate to your membership.
Proprietary Rights and Copyrights...
Mind N Body Fitness owns and retains other proprietary rights in the Mind N Body Fitness Services and the Site, including data submitted by Members or anonymous users and reserves its right to assign ownership of its data and all property by acquisition of Mind N Body Fitness, its parent company, or its products, jointly or severally, by any third party. The Services and the Site contain the copyrighted material, trademarks and other proprietary information and software of Mind N Body Fitness, its licensors, and possibly its partner sites. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
By posting information or content to any area of MyOnlineFitClub.com or its partner sites, you automatically grant, and you represent and warrant that you have the right to grant, to Mind N Body Fitness and its partner sites and other Members an irrevocable, perpetual, non-exclusive, fully- paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Limitation of Liability...
IN NO EVENT WILL Mind N Body Fitness CORPORATION OR ITS PARTNERS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE MyOnlineFitClub.com SITE OR PARTNERS' SITES OR SERVICES, EVEN IF Mind N Body Fitness, OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (ii) TO ANY PERSON OTHER THAN YOU NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Mind N Body Fitness FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
IN ADDITION, Mind N Body Fitness, DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE Mind N Body Fitness SERVICE.
STATE BY STATE VARIATIONS. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
Modifications to Service...
Mind N Body Fitness and its partner sites reserve the right to modify or discontinue, temporarily or permanently, this site or parts of this site without notice to you. You agree that this site shall not be liable to you or any third party for any modification or discontinuance of this site.
Termination...
You, Mind N Body Fitness, or Mind N Body Fitness partner sites, may terminate your membership or profile at any time, for any reason, effective upon sending written notice to the other party. Mind N Body Fitness and its partners' reserve the right to immediately suspend or terminate your access to the Mind N Body Fitness service, without notice, upon any breach of this Agreement by you which is brought to Mind N Body Fitness or its partners' attention.
DISCLAIMER OF WARRANTIES...
Mind N Body Fitness AND ITS PARTNERS PROVIDE THE SERVICE AND THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH Mind N Body Fitness OR ITS REPRESENTATIVES, PARTNERS, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. Mind N Body Fitness SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Mind N Body Fitness, ITS PARENT COMPANY, AND ITS PARTNERS DO NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED. Mind N Body Fitness, ITS PARENT COMPANY, AND ITS PARTNERS DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, INTERNET CONNECTIVITY OR OTHER SERVICE, INCLUDING AVAILABILITY OF OR ANY INTERRUPTION IN CONNECTIVITY TO OUR SITE OR OTHER SERVICE.
Confidentiality, User Handle, Password...
As part of the registration process, you will be asked to select a user handle and password. We may refuse to grant any user handle that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your user handle and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available within the Site's services. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER HANDLE, AS IT IDENTIFIES YOU AS AN INDIVIDUAL, AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Governing Law & Jurisdiction...
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree that any legal action or proceeding between you and Mind N Body Fitness or its parent company, related to these Terms of Service, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New York.
Arbitration...
Any controversy or claim arising out of or relating to this Agreement 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 other party. The arbitration shall be conducted in Dobbs Ferry, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Mind N Body Fitness may seek any interim or preliminary relief from a court of competent jurisdiction in New York necessary to protect the rights or property of you or Mind N Body Fitness pending