This Agreement is between you and the Host (bodyevolver.com) of this Website. Before you use this Website, you must read and confirm, by clicking the I Agree button, that you understand the terms of this Agreement and will be bound legally by them (as fully as if this Agreement were in writing and signed by you and the Host). If you disagree with any of the terms, you should not click the button, and you will not have access to the Website.
You are a Client with respect to the Website and your use of the Website will be with (that is, under the guidance of and through the medium of) one or more Authorized Trainers of a Subscriber (YYYYY) of the Website. You represent that you are at this 13 years old. The Authorized Trainers have entered into separate agreements with the Host in connection with their registering to use the Website. The Authorized Trainers have been designated as Authorized Trainers by the Subscriber under a separate written agreement signed between the Subscriber and the Host.
This Agreement will become effective when you click the I Agree button and will continue in effect during a Term that will end when (1) you are no longer working with one or more Authorized Trainers or are no longer a registered user of the Website, (2) the Subscriber is no longer a subscriber of the Website, or (3) you or the Host terminates this Agreement for any reason (or no reason) by giving notice to the other in writing. Your obligations under sections Q, R, S, and T, will survive the termination of this Agreement. When the Term ends, you will no longer make any use the Website for any purpose or in any way.
You will use this Website only for the Permitted Purposes of having your Authorized Trainers performing Body Composition Analyses for you and generate and help you to implement Plans for you to to improve aspects of your body mass. You will not use the Website for anyone else or for any purpose other than for the Permitted Purposes. You will not use the Website except with the guidance of and through the medium of an Authorized Trainer.
In registering for and using the Website, you or your Authorized Trainers may provide Information about you. You will not provide information about anyone else. Some of the Information that you provide may be Personally Identifiable Information, for example, your name and address. Some of your information may be Non-Personally Identifiable, such as your weight with no identification you associated with the weight. Together with the Subscriber and the Authorized Trainers, you will be responsible for (and will indemnify the Host with respect to) compliance with all relevant privacy laws regarding your providing, using, or accessing Personally Identifiable Information. You will not use the Website to access Personally Identifiable Information of any other party. You acknowledge that your Personally Identifiable Information may be stored by the Host and used by the Host to provide information through the Website to you and your Authorized Trainers, for your benefit. The Host will treat your Personally Identifiable Information in accordance with privacy policies posted by the Host on the Website from time to time.
Your Non-Personally Identifiable Data (in some cases together with other data of other subscribers, trainers, clients, or other parties) may be used by (or on behalf of) the Host for analysis, research, reporting, aggregation, improvement of the Website, and other commercial and non-commercial purposes. You grant to the Host a non-exclusive perpetual paid-up license (including the right to sublicense) use, modify, supplement, distribute, and otherwise deal with your Non-Personally Identifiable Data for any such purpose.
[implied or inferred information may also be collected]
Your access to the Website may be controlled by a password and other Authentication Information of yours or your Authorized Trainers. You will treat the Authentication Information as Confidential Material of the Host. Your authority to use the Website as a Client is personal to you. You will not transfer the authority to anyone else. You will not will permit any other party to use the Website under your authority or by means of your Authentication Information.
Certain features of the Website are covered by United States patents 9999999 and 8888888. The Website and the operation of the Server also implement and contain Confidential Material including information and concepts that are confidential and proprietary to the Host. You will treat the Confidential Material confidentially, will not copy or disclose any of it to others, and will not use any of it for other than the Permitted Purposes. You will not copy or use the Website or any of the Confidential Material to create a similar Website.
YOU REPRESENT THAT YOU UNDERSTAND THAT THERE MAY BE RISKS (INCLUDING SERIOUS RISKS, INCLUDING DEATH) TO YOUR HEALTH OR SAFETY IN YOUR USE OF THE WEBSITE AND THE GUIDANCE PROVIDED TO YOU BY YOUR AUTHORIZED TRAINERS BASED ON THE WEBSITE. THOSE RISKS INCLUDE THAT ANY INFORMATION OR SUGGESTIONS PROVIDED BY YOU OR YOUR AUTHORIZED TRAINERS TO THE WEBSITE, OR BY THE WEBSITE TO YOU OR YOUR AUTHORIZED TRAINERS, MAY BE INACCURATE OR INCOMPLETE, BASED ON INACCURATE OR INCOMPLETE INFORMATION, OR INAPPROPRIATE TO YOUR CIRCUMSTANCES. THE INFORMATION THAT YOU PROVIDE TO THE WEBSITE WILL BE COMPLETE AND ACCURATE AND REFLECT YOUR CIRCUMSTANCES. YOU ACCEPT ALL OF THESE RISKS AND WILL NOT HOLD THE HOST RESPONSIBLE FOR ANY INJURY OR DAMAGE THAT MAY BE CAUSED BY THEM. YOU WILL MAKE EACH DECISION INDEPENDENTLY AND BY YOURSELF ON WHETHER TO ACCEPT AND IMPLEMENT ANY GUIDANCE OR PLAN PROVIDED BY THE WEBSITE OR BY YOUR AUTHORIZED TRAINERS BASED ON THE WEBSITE. YOU WILL USE YOUR BEST JUDGMENT AND BEHAVIOR TO AVOID ANY INJURY OR DAMAGE THAT MAY BE CAUSED BY ANY OF THE RISKS. TO THE BEST OF YOUR ABILITY, YOU WILL USE THE WEBSITE (AND ANY INFORMATION OR GUIDANCE THAT IT PROVIDES) CAUTIOUSLY AND IN A WAY THAT WILL BE SAFE AND EFFECTIVE AND WILL MINIMIZE THE CHANCES OF INJURY TO OR ANY OTHER NEGATIVE IMPACT TO YOU. IN USING THE WEBSITE, YOU WILL DISREGARD OR ADJUST SUCH INFORMATION AS NECESSARY TO REDUCE ANY NEGATIVE RESULT FOR YOU.
You acknowledge that a violation of section T, U, or V of this Agreement may cause irreparable harm to the Host or an Authorized Trainer or the Subscriber that may not be measurable in terms of money. For that reason, you acknowledge that you may be subjected to an order of a court to prevent you from engaging in any such violation, in addition to any other remedy that may be available.
The Website and the Authorized Trainers do not provide medical advice of any kind.
THE WEBSITE INCLUDING ANY INFORMATION OR SUGGESTIONS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED AS IS. YOU ARE RESPONSIBLE TO REGULARLY EVALUATE THE WEBSITE TO DETERMINE THAT THE WEBSITE IS SUITABLE AND EFFECTIVE FOR THE INTENDED USES FOR YOU. THE HOST MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED WITH RESPECT TO THE WEBSITE AND ITS USE. THIS DISLAIMER APPLIES TO ANY WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PURPOSE OR NONINFRINGEMENT OF PATENT OR OTHER INTELLECTUAL PROPERTY. YOU ACKNOWLEDGES THIS DISCLAIMER.
This Agreement and your registration on and use of the Website create no (and you will not represent it to any party as having created any) agency, or partnership, or other relationship between the Host and you or any other party other than the relationship of host and user.
You will indemnify the Host against any liability or costs incurred by the Host as a result of an action or failure to act by you in the use of the Website or any other respect under this Agreement.
This Agreement is the entire understanding between you and the Host concerning its subject and supersedes any prior oral or written discussions. This Agreement is personal to you and you may not assign it (or any of the rights under it) to any other party except with prior written consent of the Host. The Host may assign this Agreement in connection with any transfer to another party of substantially all of the business to which it relates. This Agreement will be construed under the laws of the Commonwealth of Massachusetts and of the United States, without regard to conflicts of laws, and may be enforced in any appropriate court within the Commonwealth of Massachusetts.