Training Program and Exercise eBook
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Definition of Services
FITSTEP.COM, a Web site (sometimes hereafter the Site)
owned and operated by BetterU, Inc. (hereafter a.k.a. FITSTEP.COM),
provides Internet-based fitness and health information and personal
training services to the fitness consumer.
You must agree to these Terms
of Use in order to use the FITSTEP.COM Site. By using this Site,
read these Terms carefully. If you do not agree to all of the
FITSTEP.COM may revise and update
periodically as posted at the FITSTEP.COM Site because your
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Please check these areas before using FITSTEP.COM to determine
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Occasionally, FITSTEP.COM may
to specific content or events, ("Additional Terms"),
which Additional Terms may be placed on FITSTEP.COM to be viewed
in connection with the specific content or events and shall
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Disclaimer of Warranties and Consequential Damages
Neither BetterU, Inc. nor FITSTEP.COM recommends or endorses
any specific test, products, or procedures that may be mentioned
on the Site. FITSTEP.COM does not assume any liability for the
contents of any material provided on the Site. Reliance on any
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to persons or property arising from any use of any product,
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FITSTEP.COM, its licensors, and
its suppliers make no representation or warranties about the
accuracy, reliability, completeness, currency or timeliness
of the content, software, text, graphics, links, or communication
provided on or through the use of the FITSTEP.COM Site or other
BetterU, Inc. information. FITSTEP.COM, its licensors, and its
suppliers do not make any warranty that the content contained
on the FITSTEP.COM Site satisfies government regulations requiring
disclosure of information on supplements and/or prescription
You acknowledge that in connection with the Site, information
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and other devices owned, maintained and serviced by third party
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no liability for correlating to the delay, failure, interruption
or corruption of any data or other information transmitted in
connection with use of the Site.
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FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE
OF DEALINGS OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO
NOT ALLOW DISCLAIMER OF THE IMPLIED WARRANTIES, AND TO THAT
EXTENT ONLY, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
BETTERU, INC. MAKES NO WARRANTY
THAT FITSTEP.COM WILL MEET YOUR REQUIREMENTS, OR THAT FITSTEP.COM
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INC. DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY
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IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE
RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION
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NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN FITSTEP.COM,
ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER
PROFESSIONAL SERVICES OR ADVICE. BETTERU, INC. ENCOURAGES YOU
TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION
OR PROBLEM WHICH YOU MAY HAVE.
NEITHER BETTERU, INC. NOR FITSTEP.COM
SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED
TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION
OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SITE. YOUR
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
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FITSTEP.COM MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
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Links to Other Web Sites
This Site contains links with
other web sites on the Internet that are owned and operated
by third party merchants, organizations, advertisers and other
third parties. This Site may also contain advertisements and
promotional material of such vendors, advertisers and other
third parties. Some or all of the web sites listed as links
herein are not under the control of FITSTEP.COM, but rather
are exclusively controlled by third parties. Accordingly, FITSTEP.COM
makes no representation or warranty as to the content, statements,
representations, warranties or other information contained in
such links, such other web sites or such advertisements or promotional
materials, and it makes no representation or warranty as to
the creditworthiness or reputation of any such third party whatsoever
concerning such web sites.
Moreover, while FITSTEP.COM may
provide a link to a third party, such a link is not an authorization,
endorsement or sponsorship by FITSTEP.COM with respect to such
web site, its owners or its providers. FITSTEP.COM has no actual
knowledge of any illegal, fraudulent, defamatory, slanderous
or obscene matters or activities relating to, or being effected
through, or in connection with such links, other web sites,
advertisements or promotional material FITSTEP.COM has not tested
any information, products or software found on such web sites
and cannot make any representation whatsoever with respect thereto,
nor is it FITSTEP.COMs obligation to perform an independent
investigation of any such web sites. The content of, and the
statements and opinions expressed by and through, those web
sites linked to this Site do not necessarily reflect the values,
statements and opinions of FITSTEP.COM and its electronic connection
to such third parties or their electronic connection to FITSTEP.COM
does not constitute, and should not be construed as, its endorsement
or support of such content, statements or opinions.
Furthermore, it is your responsibility
to take precautions to ensure that whatever you select is free
of such items as viruses, worms, Trojan horses and other items
of a destructive nature.
IN NO EVENT WILL BETTERU, INC.
OR FITSTEP.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, ON ANY LEGAL THEORY
OF LIABILITY, ARISING FROM OR IN CONNECTION WITH ANY USE OF
THE SITE, OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DAMAGE TO YOUR INFORMATION HANDLING SYSTEM
OR OTHERWISE, EVEN IF FITSTEP.COM IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
No Medical Advice
This Site is designed primarily as a fitness educational resource
and is provided for informational purposes only. The content
is not intended in any way to be a substitute for professional
medical advice. Always seek the advice of your physician or
other qualified health care provider with any questions you
may have regarding a medical condition. Neither the content
nor any other service offered by or through the Site is intended
to be relied upon for medical diagnosis or treatment. Never
disregard medical advice or delay in seeking it because of something
you have read on the Site.
This Site should not be considered
inclusive of all proper treatments, procedures and tests or
exclusive of other treatments, procedures and tests that are
reasonably directed towards obtaining successful weight management
or health or fitness.
FITSTEP.COM reserves the right
to perform statistical analyses and profiling of member and
other user behavior and characteristics in order to measure
interest in and use of the various areas of the Site and to
inform advertisers of such information. FITSTEP.COM will provide
only aggregate data from these analyses to third parties; no
personally identifiable information will be disclosed.
Under no circumstances should
this Site or any of the fax numbers or mailing addresses on
this Site be used to send FITSTEP.COM confidential or proprietary
information. Data which is not personal, including questions,
comments, ideas and suggestions, shall be deemed to be non-confidential
and FITSTEP.COM shall be free to disclose and use the same for
any purpose, and through any means, without any obligation whatsoever
to you. FITSTEP.COM specifically prohibits the use of this Internet
site for the purpose of violating laws, engaging in business
disparagement or defamation, or discriminating or harassing
Despite the foregoing, in any
event subscribers and visitors should be aware that when you
voluntarily disclose personally identifiable information (for
example, user name, e-mail address) on the bulletin boards or
chat areas of FITSTEP.COM, that information, along with any
substantive information disclosed in the subscriber's or user's
communication, can be collected and correlated and used by third
parties and may result in unsolicited messages from third parties.
Such activities are beyond the control of FITSTEP.COM. FITSTEP.COM
makes no warranties about the discoverability of members' identity
by methods beyond our control.
Children and Minors
FITSTEP.COM does not knowingly operate a "web site or online
service directed to children" as defined in the Children's
Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).
Use of Content
you to view or download a single copy of the material on this
Site solely for your personal, noncommercial use (the Content).
The further copying, redistribution or publication of any part
of this Site is prohibited. Special rules may apply to the use
of certain software and other items provided on the Site. Any
such special rules are listed as "Legal Notices" The
You may not sell or modify the
Content or reproduce, display, publicly perform, distribute
or otherwise use the Content in any way for any public or commercial
purpose. The use of the content on any other Web site or in
a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial
discretion of FITSTEP.COM. If you violate any of these Terms
of Use, your permission to use the Content automatically terminates
and you must immediately destroy any copies you have made of
any portion of the Content. For information obtained from FITSTEP.COM's
licensors, you are solely responsible for compliance with any
copyright, trademark and other proprietary rights and restrictions
and are referred to the publication data appearing in bibliographic
citations, as well as to the notices appearing in the original
Intellectual Property Rights
All information provided by FITSTEP.COM in any form, is proprietary
to FITSTEP.COM and is protected by U.S. and foreign laws and
international treaties governing intellectual property. All
such information published by FITSTEP.COM or presented by its
employees, agents or consultants is copyright protected. Since
a copyright notice is no longer required by law, the omission
of the copyright notice by FITSTEP.COM does not invalidate copyright
protection, and it does not indicate that BetterU, Inc, authorizes
the reproduction of such proprietary material.
None of the Content may be reverse-engineered,
disassembled, decompiled, reproduced, transcribed, stored in
a retrieval system, translated into any language or computer
language, retransmitted in any form or by any means (electronic,
mechanical, photo reproduction, recordation or otherwise), resold
or redistributed without the prior written consent of FITSTEP.COM,
except that you may reproduce limited excerpts of the data for
personal use only, provided that each such copy contains a copyright
notice as follows: Copyright © 2006 BetterU, Inc. All rights
Except to the extent expressly provided for elsewhere in this
Section Three, this Site does not confer and shall not be considered
as conferring upon anyone any license under any of BetterU,
Inc, or FITSTEP.COMs or any third party's intellectual
In the event that any provision
of Use are to be construed or if any such provisions are held
invalid by a court with jurisdiction over the parties to the
reflect as nearly as possible the original intentions of the
parties in accordance with applicable law, and the remainder
The failure of either party to
insist upon or enforce strict performance by the other party
relinquishment to any extent of such party's right to assert
or rely upon any such provision or right in that or any other
instance, rather, the same will be and remain in full force
deemed a further or continuing waiver of such term or condition
or any other term or condition.
FITSTEP.COM may assign its rights
FITSTEP.COM may be relieved of any further obligation hereunder.
You represent to BetterU, Inc.
that you have the authority to register with FITSTEP.COM according
You agree to defend, indemnify
and hold BetterU, Inc. and FITSTEP.COM, its officers, directors,
employees, agents, licensors and suppliers, harmless from and
against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, your use of
the content (including software), or the Interactive Areas in
a manner that violates or is alleged to violate these Terms
of Use. BetterU, Inc. shall provide notice to you promptly of
any such claim, suit, or proceeding and shall reasonably cooperate
with you, at your expense, in your defense of any such claim,
suit or proceeding.
Jurisdiction and Choice of
FITSTEP.COM is based in Illinois, in the United States of America.
FITSTEP.COM makes no warranties that the content is appropriate
or may be downloaded outside of the United States. Access to
the Content (including software) may not be legal by certain
persons or in certain countries. If you access the Site from
outside the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
with the laws of the State of Illinois, without giving effect
to its conflict of laws provisions.
You expressly agree that exclusive jurisdiction for any dispute
with FITSTEP.COM, including any claim involving FITSTEP.COM
or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content providers,
or in any way relating to your membership or use of FITSTEP.COM,
resides in the courts of the State of Illinois. You further
agree and expressly consent to the exercise of personal jurisdiction
of the applicable court and that venue shall be in a court sitting
in Lake County, Illinois.
Remedies for your Breach of these Terms of Service
In the event that FITSTEP.COM determines, at its sole discretion,
that you have breached any portion of these Terms of Service,
or have otherwise demonstrated conduct inappropriate for the
on-line community of FITSTEP.COM and its members, FITSTEP.COM
reserves the right to (i) warn you via e-mail that you have
by you or your agent(s) to FITSTEP.COM, (iii) delete all content
provided by you to FITSTEP.COM, (iv) discontinue your registration
with FITSTEP.COM and/or any other FITSTEP.COM community; (v)
notify and/or send content to and/or fully cooperate with the
proper law enforcement authorities for further action; and/or
(vi) any other action which FITSTEP.COM deems to be appropriate.
BetterU, Inc. reserves the right, at its sole discretion, to
immediately, without notice to suspend or terminate (i) these
FITSTEP.COM and/or any other service provided to you by FITSTEP.COM
including any e-mail account upon any breach by you of the Terms
be identified when posted on FITSTEP.COM by BetterU, Inc.) constitute
the entire understanding between the parties as to subject matter
hereof, and supersede all prior agreements and understandings.
at the election of FITSTEP.COM, be deleted or modified to correct
the defect and, regardless, the remainder of the terms of these
Thank you for your
cooperation with these Terms and Conditions.
Addendum - Copyright
and Intellectual Property Policy
BetterU, Inc. respects
the intellectual property of others, and we ask our users to
do the same. BetterU, Inc. has no responsibility for content
on other web sites that you may find or access when using BetterU,
Inc.'s products or services. Material available on or through
other web sites may be protected by copyright and the intellectual
property laws of the United States and/or other countries. The
of Service, govern your use of that material.
It is BetterU, Inc.'s
policy, in appropriate circumstances and at its discretion,
to disable and/or terminate the accounts of users who may infringe
or repeatedly infringe the copyrights or other intellectual
property rights of BetterU, Inc. and/or others.
Notice for Claims
of Intellectual Property Violations and Agent for Notice
If you believe that
your work has been copied in a way that constitutes copyright
infringement, or that your intellectual property rights have
been otherwise violated, please provide BetterU, Inc. with the
1. an electronic
or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the BetterU, Inc. site, with enough detail that
we may find it on the web site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright or intellectual
property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
BetterU, Inc.'s Agent
for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
Grayslake, IL, 60030