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By becoming a member of thefitnessguy.com you accept and agree to be bound by the Use Policy. Please read the Acceptable Use Policy carefully and indicate whether you accept or decline the terms and conditions thereof. Access is restricted to those who accept all of the terms and conditions of The Fitness Guy, Inc. usage policy.
Welcome to www.thefitnessguy.com. By accessing and using this Site, you ("You" or "Your") agree to be bound by the terms and conditions contained in this Acceptable Use Policy (the "Policy").
READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. BY ACCESSING THE SITE, YOU INDICATED ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
Eating Disorders Disclaimer You must determine if you have an eating disorder. If you've been diagnosed with an eating disorder you must meet with the appropriate registered dietitian and/or health care professional to make sure that the meal plans provided by the Fitness Guy do not interfere with plan or advice given you by the appropriate practitioners.
Pregnancy Disclaimer If you are pregnant be sure to consult your Pregnancy is an ever changing state. Depending on how far along you are and special medical considerations you may have, your recommendations for eating and exercise may vary considerably. The information regarding pregnancy is provided with the understanding that thefitnessguy.com is not engaged in rendering medical advice of any kind. This is for educational purposes only. If you have concerns about you or the health of your baby, you should consult with your physician. The information provided to you on this site should not be used in lieu of advice given by qualified medical professionals.
Diabetes Disclaimer If you have been diagnosed any form of Diabetes it's important that you consult your health care provider before beginning any programs provided by thefitnessguy.com. The information is provided with the understanding that TheFitnessGuy.com is not rendering personal medical advice or treatment. This is for educational purposes only. If you have been advised by your health care practitioner do not use thefitnessguy.com education information in lieu of that advice. Diabetes is a complicated disease and dieting and exercise advice will vary from person to person.
Exercise Disclaimer Always consult your doctor before beginning an exercise program. A brief questionnaire has been provided to discuss with your health care before starting this exercise program. Do you have are you aware of any heart conditions you or in your family history? Do you frequently experience chest pains during or after any physical activity? Do you experience dizziness during physical activity? Do you experience shortness during / after physical activity? Do you take medication for high blood pressure? Do you have joint problems? Do you have a medical condition, which might need special attention when exercising, for example diabetes? Have you been physically active in the past?
If you experience pain or discomfort during a bout of exercise you should immediately discontinue and seek appropriate medical intervention.
Limited License: As a member of The Fitness Guy family you are granted limited access to use and display The Fitness Guy Site on your computer or portable web technology. All such rights with respect to thefitnessguy.com remain sole rights of The Fitness Guy, Inc. Except as expressly set forth in this Policy, you shall have no rights of any nature in the Site.
Passwords: In order to access content on the Site, you must register to become a member of the Site. You must provide truthful information when signing up to become a member, and may not use any aliases or other means to mask your true identity. Upon successful registration You may select a nickname and password. The nickname and password should be safeguarded at all times. You are responsible for the security of Your nickname and password and will be solely liable for any unauthorized use.
Use: As Fitness Guy communities develop it is NOT a good idea to post your personal content on the message boards. It is also not permitted to use the message boards/blogs to post advertisements or marketing of any kind. It is to be used to positive, uplifting comments to give to other members of the Fitness Guy community as well as to post your own success. The boards are heavily monitored and anyone caught violating the rules of thefitnessguy.com site will have the membership revoked. No One is allowed to promote Their products or services or conduct business on thefitnessguy.com site. Furthermore you agree not to transmit or convey any content, messages or other communications which:
· is knowingly false, sexual in nature, vulgar, contains obscenity, threatening, abusive language, is harassing, slanderous, or is of a religious or political nature;
· contains marketing material of any kind without the expressed consent of The Fitness Guy Inc., blatant cross-posting, or promotions of other sites,
· impersonates any kind, including, without limitation, The Fitness Guy, Inc representative or communicates under a false name or a name which You are unauthorized to use;
· infringes any copyright, trademark, trade secret, or patent, or otherwise violates any proprietary or personal right; or
· violates any federal, state or local law, including, without limitation, laws regulating anticompetitive activity .
The Fitness Guy, Inc. reserves the right to inspect any and all transmissions made through the Site and to block, delete or modify any transmissions in violation of these policies or otherwise objectionable. In addition, The Fitness guy, Inc. reserves the right to suspend or delete the names of any user, or otherwise prevent any access to the Site, that has, or in The Fitness Guy, Inc. reasonable opinion may, violate this policy. Unauthorized access: You agree not to attempt to gain unauthorized access to the Site or any restricted portion of the Site, or interfere with the performance of the Site. You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page. The Fitness Guy, Inc. reserves the right to revoke permission to link to the Site. This Site and is NOT intended for any child under the age of 18.
No Warranty. You hereby acknowledge that access to the Site may be subject to interruption by reason of scheduled or unscheduled downtime or inherent technical limitations of server technology or Internet connectivity. The Fitness Guy Inc. has made reasonable efforts to ensure that the Site is stable, but due to underlying complexities of Internet operations, The Fitness guy, Inc. makes no warranty that the Site will operate as represented or be entirely free of errors, viruses or disabling code. This Site may contain advice, opinions, and statements of various users. The Fitness Guy, Inc. does not represent or endorse the accuracy, reliability or usefulness of any advice, opinion, statement or other information provided by any user of this site or other person or entity. Reliance upon any such opinion, advice or statement shall be at your own risk.
The Fitness Guy, Inc. is a distributor not a publisher of messages, and other communications on the Site. The Fitness Guy, Inc. shall not be responsible for policing, monitoring, or editing message board or blog content. If a message is objectionable to You or otherwise violates this Policy, please contact Customer Service. The Fitness Guy Customer Service PO Box Cape Girardeau, MO. 63701
1-800***-**** (8:30AM to 8:30PM EST M-F, 9:00AM to 5:00PM EST S-S) info@thefitnessguy.com
· If The Fitness Guy, Inc. determines that removal is necessary, it will do so within a reasonable amount of time. Please note that removal is a manual process and that The Fitness Guy, Inc. may not be able to remove a particular message immediately.
Limitation on Liability. The Fitness Guy, Inc. shall not be liable for any damages suffered by You, or any third party, as a result of any content posted on the Site by any user, or Your accessing, using, printing, copying or downloading any portion of the Site and/or materials. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE AND IN NO EVENT SHALL THE FITNESS GUY, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, FOR LOST PROFITS OR REVENUES, LOSS OR INTERRUPTION OF USE, LOST OR DAMAGED DATA, DOCUMENTATION OR SECURITY, SIMILAR ECONOMIC LOSS OR OTHERWISE.
Digital Millennium Copyright Act ("DMCA") Notice. The Fitness Guy, Inc. owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Site, or via the Site, by third parties not within the control of The Fitness Guy, Inc. It is our policy not to permit materials known by us to be infringing to remain on this Site. You should notify us promptly if You believe any materials on this site infringe any copyright. Upon our receipt of a proper notice of claimed infringement under the DCMA, The Fitness Guy, Inc. will respond expeditiously to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Notice of alleged infringement should be sent to Customer Service with "Copyright Infringement" in the Subject line.
The Fitness Guy, Inc. Customer Service PO Box Cape Girardeau, Mo. 63701
1-800-***-**** (8:30AM to 8:30PM EST M-F, 9:00AM to 5:00PM EST S-S) info@thefitnessguy.com
Indemnification. You agree to defend, indemnify and hold, thefitnessguy.com, Shawn Taylor, its parent, affiliates and subsidiaries and their respective officers, directors, employees, agents and representatives, and Creative Edge Media, Inc., harmless from and against all claims, losses, costs and expenses (including attorneys fees) arising out of Your use of the Site or any violation of this Policy by You including, without limitation, any message or other communication by You that violates the proprietary or personal rights of any person or company, or otherwise violates any federal, state or local law.
Governing Law. This Policy shall be governed by the laws of the State of Missouri without regard to its conflict of laws rules, and you herby consent to the jurisdiction of the federal and state courts in the Cape Girardeau, Mo.
This Policy represents the entire agreement between the parties. The Fitness Guy, Inc. reserves the right to change the Policy at any time by posting a revised Policy at http://www.thefitnessguy.com/
I acknowledge that I have read the Acceptable Use Policy, and accept the terms thereof.
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