AUTHORIZED USE POLICY
Welcome to the Performance Training Systems Inc. Performance Training Systems Web Site (the "Web Site"), a Web Site accessible via the Internet to the general public. This web site provides, among other information and data, access to the Performance Training Systems training program content. The Web Site and its contents and related services are owned and administered by Performance Training Systems Inc. ("PTSI").
By accessing and using the Web Site, or otherwise availing Yourself of the services and information offered through the Web Site, You - the "User" - agree to be bound by Acceptable Use Policy (hereinafter "AUP") in effect at the time of each such access or other use of the Web Site. THIS AUP APPLIES TO ALL USERS OF THIS WEB SITE.
You also acknowledge that PTSI may, from time to time, and in its sole discretion and without notification to You, modify this AUP. It is Your responsibility to apprise Yourself of any such revision or modifications each time you visit or use the Web Site. If You do not so agree, You are not authorized to access or use the Web Site in any manner, and You must exit the Web Site immediately.
PTSI is the provider of access to a Web Site containing customized sports and conditioning training and nutrition advice. PTSI has created the Web Site as a means of providing users with access, via the Internet, to this information. The features and information that a user may avail himself of via the Web Site are collectively referred to as the "Services."
II. TERMS AND CONDITIONS
A. Web Site Intended For Adults.
Unless you have express parental permission, you must be eighteen years old or older to access, purchase, or otherwise use any Services via the Web Site. Under no circumstances should this Web Site be accessed or used by anyone under thirteen years of age.
B. Accessibility And Availability
PTSI makes no guarantees regarding the availability of the Web Site or the Services (including the availability of any given Service). Furthermore, PTSI reserves the right, its sole discretion, to discontinue the Web Site or Services and/or modify the contents of the Web Site or the terms of the Services as it sees fit, including but not limited to the Service price, descriptions, and other e-commerce related information and/or functionality. You agree that PTSI will not be liable to You for any such discontinuance or modification of the Web Site or the Services
C. Authorized Use
PTSI grants You a limited license to access and make personal use of the Web Site for purposes and uses that are legal and that are otherwise permitted by this AUP. Other than page caching, You are not authorized to download or modify the Web Site or any portion of it, except with express written consent of PTSI. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Furthermore, You may not post or transmit through the Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Web Site in any way that restricts or inhibits any other Web Site user from using or enjoying the Web Site consistent with the letter and intent of this AUP.
Any unauthorized use terminates the permission or license granted by PTSI in relation to the Web Site.
E. Prohibition Against Harmful Transmissions
You agree that You will not upload, post, e-mail, or otherwise transmit to the Web Site or to any other User any messages, programs, or oher materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
F. Standard Warranties and Limitations of Liability
1 - Limitation Of Liability
PTSI SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEB SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. PTSI SHALL HAVE NO LIABILITY WITH RESPECT TO PTSI'S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEB SITE OR ANY WEB SITE PURCHASE MADE BY OR FOR YOU FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF PTSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF PTSI TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE INTERNET, THE COST OF SUCH DISPUTED SERVICES (i.e., THE AMOUNT YOU PAID TO PTSI FOR SUCH SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS.
ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
2 - Health Disclaimer
This Web Site provides sports training, physical training, and other information, applications, and content published over the Internet and is intended only to assist users in their personal physical fitness and sports efforts. PTSI is not a medical organization and cannot give you medical advice or a medical diagnosis. Nothing contained in this Web Site should be construed as medical advice or a medical diagnosis. The information and reports generated by PTSI should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this web site. The text, pictures, and description set forth in this web site is for educational purposes only (i.e., it illustrates and explains various fitness-related and exercise techniques) and does NOT advise that You or any other particular web site user undertake or perform any particular technique or exercise. You agree that You will not undertake or perform any exercise or technique described in this web site until and unless You consult with and are cleared by a medical doctor in relation to such participation.
The Web Site is not intended for use by minors, pregnant women, or individuals with any type of health condition. As are all users, such individuals are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.
G. Entire Agreement
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and PTSI. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
H. Choice Of Law
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the Province of Ontario , the province of incorporation of PTSI. All contracts resulting from or relating to this Web Site, including Training Agreements, as well as all information and advice provided herein, shall be deemed to been formed, entered into, executed, and/or given/communicated in the Province of Ontario.
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
PTSI may make changes to the information in the Web Site, or to the Services described herein, at any time without notice. PTSI makes no commitment to update this information. It does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. PTSI is not a publicly-traded ompany.
K. Prohibited Conduct
Use of the Web Site or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution.
Furthermore, without limiting other remedies, PTSI may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the Web Site if You: (1) breach this AUP; and/or (2) take actions that PTSI believes may result in legal liability for You, for PTSI, or for other Web Site users.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE IN ANY WAY. YOU MUST EXIT THE WEB SITE IMMEDIATELY.