Effective Date: August 28, 2008
First and Foremost
The materials in this website are in no way intended to replace the professional medical care, advice, diagnosis or treatment of a doctor, therapist, dietician or nutritionist, qualified personal trainer, etc.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on AskTheTrainer.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on AskTheTrainer.com’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by AskTheTrainer.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on AskTheTrainer.com’s web site are provided “as is”. AskTheTrainer.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, AskTheTrainer.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
- AskTheTrainer.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. THE PROGRAM, THE AMAZON SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE AMAZON SITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, AMAZON.COM DOMAIN NAME, ENDLESS.COM DOMAIN NAME, SMALLPARTS.COM DOMAIN NAME, MYHABIT.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE AMAZON MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS. Amazon, and the Amazon logo are trademarks of Amazon.com, Inc. or its affiliates.
In no event shall AskTheTrainer.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on AskTheTrainer.com’s Internet site, even if AskTheTrainer.com or a AskTheTrainer.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on AskTheTrainer.com’s web site could include technical, typographical, or photographic errors. AskTheTrainer.com does not warrant that any of the materials on its web site are accurate, complete, or current. AskTheTrainer.com may make changes to the materials contained on its web site at any time without notice. AskTheTrainer.com does not, however, make any commitment to update the materials.
AskTheTrainer.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by AskTheTrainer.com of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to AskTheTrainer.com’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
9. Ownership of Rights; License Rights; Author Program Submissions
A. Ownership of Your Content. You will retain ownership of your rights to any Content you freely post to ASKTHETRAINER.COM via the Author Program only (but not, for clarity, any Content solely in the form of text that you have posted to the public areas of the site or that we have purchased from you), for one year from the original published date, subject to the non-exclusive rights that you grant to us as described in these Terms. All Content submitted to ASKTHETRAINER.COM via the Author Program that is over one year old, grants ASKTHETRAINER.COM a full copyright to such Content, and as we are the new owner you waive all rights to such Content.
B. Your License to ASKTHETRAINER.COM
1. Subject to your right to terminate your license to us as described in Section 9(C), you hereby grant ASKTHETRAINER.COM an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the ASKTHETRAINER.COM Author Program, and to incorporate such Content into other works in any form, media, or technology now known or later developed. As part of this non-exclusive license, all Content submitted by you via the ASKTHETRAINER.COM Author Program that is published on ASKTHETRAINER.COM, must not by you or any third party be published on any other website now or in the future, unless our permission is given or subject to your right to terminate your license to us as described in Section 9(C).
2. You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the ASKTHETRAINER.COM Author Program. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
3. For clarity, this non-exclusive license refers only to content submitted freely by you via the ASKTHETRAINER.COM Author Program. All Content that we purchase from you, grants ASKTHETRAINER.COM a full exclusive license, and as we become the new copyright holder, you waive all rights to such Content.
C. Your Right to Terminate the License. For up to one year from the original published date you may modify or remove from ASKTHETRAINER.COM any content consisting of text, photos, graphics, audio or video that you have submitted or made available for inclusion on or through the ASKTHETRAINER.COM Author Program only (but not, for clarity, any Content solely in the form of text that you have posted to the public areas of the site or that we have purchased from you). Your removal of such Content from ASKTHETRAINER.COM will terminate our license to such Content. But if prior to such removal or modification, ASKTHETRAINER.COM has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then ASKTHETRAINER.COM and its licensees have a limited right to continue to distribute those materials. You may terminate this limited license by sending us written notice to stop distributing the materials, in which event we will stop distributing the materials within 90 days. Your notice must be sent through our “Contact Us” web page located at http://www.askthetrainer.com/contact-us/, have in the message body “REMOVE CONTENT,” and include your telephone number and email address. In addition, the notice must clearly identify the Content at issue and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The 90 day period for ASKTHETRAINER.COM to stop distributing your Content begins only once ASKTHETRAINER.COM has received a notice complying with the requirements of this Section 9(C).
D. Author Program Submissions. When you submit ideas, suggestions, articles, or proposals (collectively, “Submissions”) to ASKTHETRAINER.COM, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, ASKTHETRAINER.COM may use and disclose your Submissions in any way; and (iii) ASKTHETRAINER.COM has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- Questions you submit may be published on various question and answer pages or blog posts on the website but no personal information such as your name or email will ever be posted.
- Google’s use of the DART cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.