LFT Disclaimer and Terms of Service
ACCEPTANCE: The Local Fitness Trainer (and herein Zander Media LLC and Local Fitness Trainer indicated by LFT) provides its service to our members and visitors/readers (i.e. YOU), subject to the following Terms and conditions, which may be updated by us from time to time without notice to you. All members and visitors/readers will be subject to the rules, regulations, terms, and conditions of membership as stated herein or as modified or amended. Your use of the LFT website and its services constitutes your full and complete acceptance of the terms and conditions of this agreement. Any rights not expressly granted herein are reserved.
General Site Disclaimer: The information on the LFT site is intended for adults only (age 18 and over) and for use under the strict supervision of a qualified Health Professional. You understand and agree that the LFT has no control over the service or content of external links, and is thus in no way responsible for the information or promises contained in external links. The LFT, it's owners, affiliates, and members do not necessarily adhere to, or endorse, any or all of the links, stories, articles, editorials, submission reviews, suggestions, philosophies, or products offered by writers-contributors and/or sponsors found on this site. You agree to indemnify and hold LFT, localfitnesstrainer.com, the LFT owners, directors, officers, representatives, volunteers, successors, employees, and assigns harmless from any claim or demand made by any third party arising out of their use of localfitnesstrainer.com, their violation of any of these Terms of Service, or their infringement of any intellectual property or other right of any person or entity. In the case of litigation, the User agrees that in no event shall the maximum liability of the LFT, localfitnesstrainer.com, and its owners, exceed $50, or the least amount allowed by law. You (the reader) agree to consult with the qualified health professional of your choice before beginning any new health regimen, health treatment, diet, supplement, drug, therapy, or exercise program. User assumes any and all risk(s) associated with use of any presented programs, therapies, supplements, drugs, exercises, ideas, suggestions, reviews, or any other type(s) of information available on this site.
General Contraindications/Warnings: Since individual situations, responses, and conditions vary, you are expressly advised to consult with a qualified health professional before attempting any new diet, drug, alternative medicine or treatment, dietary supplement, lifestyle change, or health or fitness program, Discontinue use or activity if irritation occurs or increases. If condition worsens or does not improve after treatment or regular use of any product, diet, drug, alternative medicine or treatment, dietary supplement, lifestyle change, health, fitness, any other program, or other treatment, please consult a qualified health professional. Keep all drugs out of the reach of children. In case of accidental ingestion or overdose, seek professional assistance or contact a Poison Control Center immediately. Should there be any conflict between the information given on the LFT site and the instructions of your product manufacturer, your health care provider, or your product package insert or label instructions, you are advised to consult directly with a qualified health professional before deviating from said instructions. To clarify: The instructions given by your product manufacturer or professional health care provider, or on your product package or label, have precedence over anything you read on the LFT website. Additionally, you are advised to consult directly with a qualified health professional with questions about your individual condition and/or circumstances before acting on any information that you find in this area, anywhere on the LFT site, or via the internet in general. The LFT, localfitnesstrainer.com, its associates, affiliates, authors and contributors assume no responsibility or liability for any adverse effects that may occur as a result of your use or discontinuance of any mentioned recommendation, idea, suggestion or modification, or your use or discontinuance of any mentioned product, diet, drug, alternative medicine or treatment, supplement, lifestyle change, or therapy. The LFT, localfitnesstrainer.com, its associates, affiliates, authors and contributors assume no responsibility or liability for any adverse effects that may occur as a result of your visiting advertisers or external links that you may encounter on this site or other sites that we may acquire, own, or have any level of control over.
General Terms of Service: You must agree to read and use the information on this site at your own risk. You agree to indemnify and hold completely harmless the Zander Media, LLC and LFT and all assignees, employees, owners, operators, affiliates, and associates for any information herein. You agree to verify all information on this site with the qualified health professional of your choice before acting on or the passing on of said information. You understand that the LFT has no control over the service or content of external links, and is in no way responsible for the information or promises contained in those links. You may not access this site to gain information to use against the website operators, its affiliates or any other person or entity in any conceivable manner. Visitors and Members are authorized to access this site solely for their own personal and private purposes and must agree that they are not visiting or joining for purposes of any official or legal investigation, or for purposes of reporting to any news, legal agent, agency or authority, police (or any other type of law enforcement agency or business), or medical representative, facility, or agency. Researchers, advertising, and other media individuals, must obtain express permission (in writing) from the president of the LFT to access this site only for their stated (in writing) specific and express purposes. Email attachments are accepted by prior arrangement only. By entering this site, you acknowledge that you are over the age of 18 years. Memberships may not be sold or transferred.
Privacy Policy: Your privacy is important and our privacy policy respects that. We do not sell, lease, loan, or rent, our member's personal information. We do not use propriety software to collect email addresses. We do not spam. We will not publish our members contact information, unless given specific member authorization for inclusion in our planned online database. At this time, those wishing to locate and hire an LFT certified trainer are welcome to contact us. Please provide your name, your location, and a way to contact you, and we will forward that information to LFT trainers in your area. Cookies: Our site uses cookies to track users clicking through to the site via affiliate links so that the affiliate may be credited with the sale. Other features of the site also use cookies for functionality but these are not linked to personally identifiable information. Logging & statistics: Our web site records logs of users visiting the site in order that these may be analyzed for statistical purposes. As with most such stats systems, information on IPs of users visiting the site, referrers and other such data is recorded and stored. Additionally, due to threats and harassment that we occasionally receive from angry drug users and their supporters; we must include the following privacy policy exceptions: All e-mail received by the LFT is considered intended for publication unless otherwise indicated in the initial message from the writer. Furthermore, by submitting or communicating anything to us (that we consider to be harassing, threatening, or abusive in any way) via email, U.S. mail services, fax, telephone, or other means - you are giving permission to LFT to use the information for promotional, business, or informational purposes. To be used as we deem appropriate. Submissions or other communications may be edited due to space considerations and for clarity, form, and content, Your submission or communication may be published, including your identity, email address, any other personal or business information, including an editorial on this website. THINK CAREFULLY ABOUT WHAT YOU WANT TO SAY BEFORE YOU COMMUNICATE WITH US. We suggest that if you choose to use drugs that it is your personal choice. Please allow the LFT and our members the same consideration to choose not to use drugs.
Submission Review Area Disclaimer: The information in this area is for general entertainment, educational, discussion, and review purposes only; It has also been placed here for review by the LFT Health & Fitness Advisory Board and to seek valued input and suggestions from our members and the public as well. Thus, this information may be in "rough draft" form and is subject to constant revision for accuracy, brevity, and completeness, etc. This information is not a substitute for medical advice and should not be relied upon to make decisions about your health or anything else. This information may not yet have been reviewed and approved by the LFT Health & Fitness Advisory Board. Therefore, this information comes with no guarantee of suitability, efficacy, safety, or completeness: Use this information at your own risk. Warning: The information in the Submission Review area may not include all of the information necessary for selection and use of a product. Please see your package insert or label instructions for all necessary information. Should there be any conflict between the information given in this area (or any other area on the LFT site) and the instructions of your product manufacturer, your health care provider, or your product package insert or label instructions, you are advised to consult directly with a qualified health professional before deviating from said instructions. To clarify: The instructions given by your product manufacturer or professional health care provider, or on your product package or label, have precedence over anything you read here on this website. Additionally, you are advised to consult directly with a qualified health professional with questions about your individual condition and/or circumstances before acting on any information that you find in this area, anywhere on the LFT site, or via the internet in general. Since individual situations, responses, and conditions vary, you are expressly advised to consult with a qualified health professional before attempting any new diet, drug, alternative medicine or treatment, dietary supplement, lifestyle change, or health or fitness program, Additional Precautions: Discontinue use or activity if irritation occurs or increases. If condition worsens or does not improve after treatment or regular use of any product, diet, drug, alternative medicine or treatment, dietary supplement, lifestyle change, health, fitness, or any other program or treatment, please consult a qualified health professional. Keep all drugs out of the reach of children. In case of accidental ingestion or overdose, seek professional assistance or contact a Poison Control Center immediately. The LFT, localfitnesstrainer.com, its associates, affiliates, and authors assume no responsibility for any adverse effects that may occur as a result of trying this or any other program, treatment, dietary plan, therapy, modification, recommendation, idea, or suggestion, (etc.), mentioned in or linked to localfitnesstrainer.com, or other websites that we own or have any level of control over.
Submission Acceptance Policy: If you have an interesting Health & Fitness related article, tip, comment, or suggestion that you would like to have placed in this area for possible review by LFT members and our numerous web site visitors, please contact us with a brief description of your topic. We do not accept unsolicited submissions nor can we guarantee that we will accept your submission should we approve your idea. We do not pay for ideas or submissions; however, if we publish your article, you will receive: Free publicity (in the form of publication on this site), an included FREE link to your site, possible publication or review in our member newsletter or other publications, and the personal reward of knowing that you have helped to advance Health & Fitness. If the information that you submit is copy written or otherwise legally protected, you must either own the copyright or have obtained due permission from the owner. If your submission is challenged, we may demand proof of your right to publish said information. By submitting or communicating anything to us via email, U.S. mail services, fax, telephone, or other means - you are giving permission to the LFT to use the information for promotional, business, or informational purposes. To be used as we deem appropriate. We reserve the right to remove your article if we deem to do so. Submissions or other communications may be edited due to space considerations and for clarity, form, and content. Time or Length of publication is not guaranteed and submissions may be deleted or removed (without notice) due to "timeliness" considerations, space considerations, or for other reasons, as we deem appropriate. Your submission or communication may be published, including your identity, email address, any other personal or business information, including an editorial on this website. All submitted articles, tips, comments, or suggestions, become the exclusive property of the LFT. It is the responsibility of the submitter to verify that their submission(s) has been accurately reproduced and represented, as they intended; Furthermore, if an error or errors are found, it is the responsibility of the submitter to notify the LFT (via email) and to explain (in detail) the nature of the error or errors. The LFT assumes no responsibility and no liability for the failure of a submitter to verify the accuracy of their submission. Generally, the LFT will notify a submitter of acceptance; however, we accept no responsibility or liability for our failure to do so. We suggest that you periodically visit our site to check the submission area. Should there be any dispute, our judgment is final regarding all submissions.
Forum Area/Comments Area/Chat Area//Bulletin Board Terms & Rules: These areas are planned to be included in the future and will be provided for discussion and informational purposes only. As these areas are added, they will be subject to the following: You (a.k.a. "the visitor" or member), must agree to assume the entire risk as to the accuracy, the completeness, the suitability, and the usefulness, of any information in this area. The LFT is not responsible in any manner for any messages posted. We do not vouch for or warrant the accuracy, completeness, or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of the LFT, other individual authors, or the bulletin board. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. You agree, through your use of this service, that you will not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise in violation of any law. Commentaries that encourage or support illegal and/or immoral acts such as lying and theft, and/or abominable acts, such as racism, rape, torture, mutilation, murder, and war crimes are not to be posted on this site. Violators of this policy are hereby warned that they may be subject to DUE CRITICISM/ridicule. Furthermore, since this is an "opinion" area, the posting of such comments may also subject the submitter to unduly harsh criticism/ridicule. All comments become the exclusive property of the LFT and will be used as deemed appropriate by the LFT. For example, your comments may be edited, censored, published here or elsewhere, or deleted by the LFT. You agree not to post any copyrighted material unless the copyright is owned by you. Reading and posting comments on the LFT site constitutes your acknowledgment of and agreement to the terms outlined in this comment policy. All comments must comport with applicable state and federal laws. The LFT has the option, but not the obligation to monitor, edit, censor, or take responsibility for comments. The LFT may or may not act upon a violation of its comment policy once a suspected violation has been brought to its attention. Therefore, commenter's are solely responsible for the content of their comments and should ensure that that their comments are lawful and fall within the stated LFT guidelines. The LFT is not responsible for injury or liability to any reader or commenter resulting from its own communications or those of commenter's, that may be offensive, misleading, inaccurate, illegal, or otherwise unsuitable in the view of the reader or anyone else. Readers and commenter's further agree to indemnify and hold harmless the LFT, localfitnesstrainer.com, the LFT owners, directors, officers, representatives, volunteers, successors, employees, and assigns harmless from claims resulting from the use of any comments or other material appearing on the LFT website which damages the reader, commenter or any other party. The LFT is not responsible for and might disagree with material posted in the comments section. This is expressly an opinion area of the site. The material posted by the LFT or its representatives or left in the comments section may or may not be accurate. Read and Post at your own risk. Additionally: Anonymous posters should identify themselves with the same moniker, so readers know their comments are coming from a single individual. User comments may be deleted if they contain commercial spam, viruses, illegal pornography, threats against public officials, threats of violence, excessive obscenity, prejudice based on race, religion, sexuality or gender, or personal harassment directed at another user (in particular, any attempt to identify a user's real name, address or workplace). Creating a second account to circumvent these rules may result in a permanent loss of account and member privileges (If applicable). Commenters whom in the opinion of the website owner, the website operators, and any official moderators deem to be lying (whether lying directly, or indirectly, by misdirection, or by omission) are inviting DUE CRITICISM and may be lambasted by the website owner/website operators/moderators and independent commenters. Commenters that claim military experience must be ready to PROVE said experience to the satisfaction of the website owner, the website operators and/or any official moderators. Failure to meet this requirement may subject the commenter to DUE CRITICISM and may cause the comments in which you made those claims to be deleted and you may also be banned. Violation of any of these rules may subject the commenter to a banning through I.P. address blocking and other means as necessary and available. This comment policy may be revised in part or in full at any time and without notice.
Translation Terms: English is our native language. Due to the complexities of the human language, and the possibility of a number of different translations and interpretations of particular words and phrases, there are inherent limitations in machine translations. Thus, the LFT accepts no responsibility or liability for the accuracy of the translation of the LFT website, its contents, its study and test materials, submissions, comments, reviews, correspondence, and external links, etc. The LFT disclaims any liability in respect of claims arising from your use of the WorldLingo translation services or any other translation service that the LFT may utilize.
Special Offers/Free Giveaways/Coupons: FREE Offers have No Cash Value and may be subject to the following additional restrictions: 1. May not be sold or transferred. 2. Required Signed/Submitted and Completed Membership Agreement. 3. Expiration as indicated or as deemed appropriate by the LFT. 4. Availability. 5. May not be combined with other offers, unless indicated otherwise or by special permission. 6. For new members only. THE LFT RESERVES THE RIGHT TO ADD, REMOVE, OR MODIFY RESTRICTIONS AS DEEMED NECESSARY, RETROACTIVELY, AND WITHOUT NOTICE.
Returned Check Policy: A $25 service fee will be assessed for any check that is presented to the LFT and subsequently returned or revoked for any reason.
Returned EFT Policy: A $25 service fee will be assessed for any scheduled electronic funds transfer payment that is attempted by the LFT and subsequently returned or revoked for any reason, including inaccurate information.
Declined Credit Card Policy: A $10 service fee will be assessed for any scheduled credit card payment that is declined or revoked.
WARRANTIES: The LFT makes no warranty or representation of any kind, whether express or implied, for the services or information to be provided hereunder. You agree that the LFT shall not be liable for any losses or damages of any kind, including, but not limited to, those that may result from any error, omission, negligence, interruption in service, delay in delivery, non-delivery, or mis-delivery of services or data components. Under no circumstances shall the LFT, localfitnesstrainer.com, its owner, or any respective partners, officers, directors, employees, agents, associates or representatives be liable for any damages, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with this Website, the materials contained herein, or the Internet generally. The user assumes the entire risk as to the accuracy and the use of any information available on this site.
INDEMNIFICATION: You agree to indemnify and hold the LFT, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. The LFT reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with the LFT in asserting any available defenses.
Copyright and Trademark Information: All content is � by Local Fitness Trainer, unless indicated otherwise. You are free to add links to any LFT HTML page, other than the HTML pages contained in our members' area. All Other Copyrights Are Reserved, unless indicated otherwise on the individual web page, document, video, or graphic. Trademark Information: The following terms are trademarks of Local Fitness Trainer: Local Fitness Trainer, localfitnesstrainer.com, LocalFitnessTrainer. This list is not all-inclusive as other LFT trademarks may be in use elsewhere. All trademark rights are reserved. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement.
PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT: If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us through our contact page.
Information Access: Access to the LFT website and members area is not guaranteed due to numerous concerns. Examples include but are not limited to the following: Network Downtime, HTML Coding Errors, Internet Service Provider Downtime, Phone Service Interruptions, System administrator program "crashes", computer downtime, international restrictions, etc. Although, we will make every effort to format this information to display correctly on different browsers, results will vary depending on the type of browser that you are using. The LFT does not accept responsibility for typographical errors, html coding errors, lost or orphan html web pages.
USER'S GRANT OF LIMITED LICENSE: By posting or submitting content to this site, you: 1. Grant the LFT and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sub licensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and 2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by the LFT will not infringe or violate the rights of any third party.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL THE LFT, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE LFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LFT'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Jurisdiction: You agree that the LFT Disclaimer and Terms of Service agreement shall be governed by the laws of the State of Texas, except for the LFT's choice of law principles. Actions and proceedings arising from or in connection with this agreement shall be resolved in the state or federal courts of Williamson County, Texas. If any part of this agreement should be disallowed or made void, the parties agree that the remainder of this agreement shall continue to be in full force and effect. The LFT, all staff, employees, and assignees, will have the right and the option to bring any dispute(s) to arbitration according to the rules of the Arbitration Association of their choice, whose decision will be considered final and legally binding. The chosen arbitration association will do everything legally possible (i.e. within the law) to uphold the spirit of this contract.
SEVERABILITY AND INTEGRATION: Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the LFT with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the LFT with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TERMINATION The LFT reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if the LFT believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes the LFT's right to terminate a user's ability to post materials to the Site. You acknowledge that the LFT shall not be liable to you or any third party for any termination of your access to this Site. The LFT reserves the right to extend or to terminate all or selected parts of this agreement at our leisure.
Terminology: "You" refers to the reader/website visitor, "LFT" refers to Zander Media LLC, DBA Local Fitness Trainer.
|