Home :: Articles ::

Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR OTHERWISE USING ANY CONTENT (AS DEFINED BELOW) FROM THIS WEB SITE. BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON, OR OTHERWISE DOWNLOADING OR ACCESSING THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "DO NOT ACCEPT" OR "DISAGREE" BUTTON TO TERMINATE THE DOWNLOAD PROCESS. Trainerpack (AS DEFINED BELOW) AGREES TO LICENSE THE CONTENT TO YOU ONLY IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. TRAINERPACK RESERVES THE RIGHT TO CHANGE OR UPDATE THIS DISCLAIMER.

WARNING: The images, videos and text in Trainerpack depict strenuous exercises performed by professionals. The exercises demonstrated may not be appropriate for all users. The information provided in Trainerpack is designed to supplement the advice and counsel of your personal trainer, health care provider or other health professional. As with all strenuous physical endeavors, extreme caution is recommended while performing the exercises depicted in Trainerpack.

I. DEFINITIONS
The following terms used in this Agreement have the meanings set forth below:

a. Content
Means all materials downloadable from this web site, including, but not limited to all literary works, text, pictorial and graphical works, photographs, video and audio clips, motion pictures and other audio visual works, video games, music, soundtracks, button icons, streaming data, animation, images, compilations, .AVI files, or any other software files (in object code or source code format).

b. Content Provider
Means Trainerpack.

II. USE

a. License Grant
Subject to the terms and conditions of this Agreement, Trainerpack hereby grants you a limited, non-transferable, non-assignable, worldwide, non-exclusive right to use the Content solely for your own internal non-commercial personal use. You may cache the Content onto the hard drive of a single computer for your personal, non-commercial internal use. The rights granted hereunder constitute a license, not a sale, of the applicable Content.

b. Restrictions on Use of Content
You agree that you will not, nor will you authorize or permit others to: (1) reverse engineer, decompile or disassemble the software elements of the Content or otherwise attempt to discover the source code of the software elements of the Content; (2) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, or otherwise assign to any third party the Content or any of your rights to license the Content, (3) modify the Content or create any derivative works based on the Content; or (4) circumvent any encryption or other security tools used anywhere in the Content, or the web site.

c. Ownership
As between the parties, the Content and all patents, copyrights, trade secrets, trademarks, service marks, know-how and any other proprietary rights therein or thereto, is the sole and exclusive property of Trainerpack licensors, and you gain no right, title or interest in and to the Content by virtue of this Agreement.

e. Remedy for Breach of License
In addition to all other rights and remedies available to Content Provider at law or in equity, any violation of the licensing provisions of this Section II by you (or any third party to whom you have provided access to the Content) shall constitute a material breach of this Agreement and Trainerpack shall have the immediate right to terminate this Agreement and all licenses granted hereunder, and Trainerpack seek any and all appropriate remedies, including but not limited to injunctive relief for patent, copyright, or any other theory, as applicable.


III. NO REPRESENTATIONS OR WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. THE CONTENT IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Trainerpack MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Trainerpack MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT. Trainerpack MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE OR THE CONTENT. Trainerpack MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE CONTENT OR ANY TRANSACTION ENTERED INTO THROUGH THE CONTENT AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY THIRD PARTIES.

IV. INDEMNITY

You agree to indemnify Trainerpack against any and all claims, liabilities, and costs, including reasonable attorneys' fees, reasonably incurred in the defense of any claim or suit arising out of or otherwise related to this Agreement, including without limitation, any breach or threatened breach by you of this Agreement. Trainerpack shall promptly notify you in writing of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. Trainerpack may participate in the defense of such claim or defense at its own expense.

V. LIMITATION OF LIABILITY

IN NO EVENT SHALL Trainerpack (OR ITS LICENSORS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF Trainerpack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Trainerpack's TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY YOU FOR USE AND ACCESS TO THE CONTENT.

YOU ALSO UNDERSTAND AND AGREE THAT Trainerpack SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE CONTENT. YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU FUTHER UNDERSTAND AND AGREE THAT Trainerpack SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE CONTENT WHICH DAMAGE OR LOSS RESULTS FROM THE DOWNLOAD OF THE CONTENT. YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE.

Remedies under this agreement are exclusive and are limited to those expressly provided for herein.


Trainerpack EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INJURY YOU SUFFER AS A RESULT OF USING THE CONTENT. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY AGREE TO ASSUME ALL RISKS ASSOCIATED WITH AND WHICH MAY ARISE FROM YOUR USE OF THE CONTENT.

VII. TERM AND TERMINATION

a. Term
The term of this Agreement shall begin on the date that you first download/install the Content and shall continue in effect until such time as either party terminates the Agreement, with or without cause. Trainerpack reserves the right to change or discontinue at any time any aspect or feature of this Site or the Content

b. Effect of Termination
Upon termination of this Agreement for any reason, (1) all licenses granted hereunder shall terminate immediately, (2) you shall erase and destroy all copies of the Content (including, without limitation deleting the Content from any cached files on the hard drive of your computer); and (3) Trainerpack shall immediately cease providing access to the Content to you.

c. Survival
The parties' rights and obligations under Sections II(b), II(c), II(e), III, IV, V, VI, VII(b), and VIII shall survive any expiration or earlier termination of this Agreement.

VIII. GENERAL TERMS

a. Rights
All information provided by Trainerpack on these Web pages and in the Content is owned by or licensed to Trainerpack except where noted. Trainerpack retains all proprietary rights to the information contained on these pages to the fullest extent of their rights. The information contained on these pages may not be downloaded or reproduced except for use by Buyers of the Site for use only as prescribed by Trainerpack with appropriate consultation with the user's health care provider.

b. Updates and Health
Users of the Site are advised that health advice is often subject to updating and refining due to medical research and developments. Trainerpack attempts to update these the content pages frequently. However, no assurance can be given that the advice contained in the Content will include the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have. Trainerpack is not responsible for your use of the material contained herein other than as intended by Trainerpack.

c. Health Warranty
Buyer represents that Buyer is in good health and has no disability, impairment, injury disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of naive or abusive exercise.