| Disclaimer
The techniques, ideas, and suggestions on thebodycoach.com website are not
intended as a substitute for proper medical advice. Consult your physician or
health care professional before performing any new exercise or exercise technique,
particularly if you are pregnant or nursing, or if you are elderly, or if you
have any chronic or recurring conditions. Any application of the techniques,
ideas, and suggestions in this document is at the reader's sole discretion and
risk.
The author and publisher of this document and their employers make no warranty
of any kind in regard to the content of this document, including, but not limited
to, any implied warranties of merchantability, or fitness for any particular
purpose.
The author and publisher of this document and their employers are not liable
or responsible to any person or entity for any errors contained in this document,
or for any special, incidental, or consequential damage caused or alleged to
be caused directly or indirectly by the information contained in this document,
website, books or publications.
The Body Coach (www.thebodycoach.com) is not intended for use by pregnant women
or individuals with any type of health condition. The Body Coach.com specifically
warns these types of individuals to seek medical advice before commencing any
form of physical activity or nutritional program.
The Body Coach.com information should not be substituted for the advice, consultation,
or treatment of a medical practitioner. Nothing contained in The Body Coach.com
should be construed as such advice. Any information displayed at The Body Coach.com
must be read and approved by your doctor and physiotherapist. Users are advised
to seek the advice and approval for starting any physical activity or nutritional
program from a medical practitioner and perform any exercises under the strict
guidance and supervision of a qualified health professional at all times.
The Body Coach Website - Terms & Conditions
The Body Coach (Paul Collins) respects your privacy and gives you as much control
as possible over your own personal information. We neither require you to tell
us who you are nor request any information about yourself. Should you choose
to provide us with information about yourself (for example, an eMail you send
us, desiring us to reply or correspond with you), your information shall be
kept confidential. If you inform us that you do not want us to use this information
as a basis for future contact with you, we shall respect your wishes.
1. Representations
You represent that:
(a) you have read and agree to be bound by the terms,
(b) you will comply with any Australian law, regarding the transmission of
any data obtained from www.thebodycoach.com in accordance with the terms,
(c) you will not use www.thebodycoach.com for illegal purposes, and
(d) you will not interfere or disrupt any network connected to www.thebodycoach.com
2. Intellectual property
www.thebodycoach.com , including, but not limited to text, content, photographs,
and graphics, is protected by copyrights, trademarks, service marks, international
treaties, and/or other proprietary rights and laws of Australia and other countries.
www.thebodycoach.com is also protected as a collective work or compilation under
Australia copyright and other laws and treaties. You agree to abide by all copyright
notices or restrictions contained within www.thebodycoach.com.
3. Restrictions on use
You may not use www.thebodycoach.com for any illegal purpose or in any manner
that is not consistent with the terms. You agree to use www.thebodycoach.com
solely for your own non commercial use and benefit, and not for resale or other
transfer or disposition to, or use by or for the benefit of, any other person
or entity. You agree not to use, transfer, distribute, or dispose of any information
contained within www.thebodycoach.com in any way that would compete with the
business of the www.thebodycoach.com.
You acknowledge that The Body Coach web site (www.thebodycoach.com), has been
developed, compiled, prepared, revised, selected and arranged by The Body Coach
and others, through the application of various methods and judgement standards,
developed and applied by spending substantial time, effort and money and constitutes
valuable intellectual property and trade secrets of The Body Coach and such
others. You agree to protect the proprietary rights of The Body Coach and all
others having rights in The Body Coach during and after the term of this agreement
and to comply with all reasonable requests made by The Body Coach. Or its suppliers
of content, equipment or otherwise ("suppliers") to protect theirs¹
and others' contractual, statutory and common law rights in The Body Coach.
You agree to notify The Body Coach. Promptly upon becoming aware of any unauthorised
access or use of www.thebodycoach.com, by any party or of any claim that The
Body Coach infringes upon any copyright, trademark, or other contractual, statutory
or common law rights.
You may not copy, reproduce, recompile, decompile, disassemble, distribute,
publish, display, perform, modify, upload to, create derivative works from,
transmit, or in any way exploit any part of www.thebodycoach.com, except that
you may download material from www.thebodycoach.com and/or make one print copy
for your own personal, non commercial use. The analysis and presentation included
in www.thebodycoach.com may not be recirculated, redistributed or published
by you without The Body Coach, prior written consent.
Modification of www.thebodycoach.com content would be a violation of The Body
Coach copyright and other proprietary rights. Additionally, you may not offer
any part of www.thebodycoach.com for sale or distribute it over any other way,
including, but not limited to, a hyperlink frame, or a computer network.
www.thebodycoach.com and the information contained within the site may not
be used to construct a database of any kind. www.thebodycoach.com may not be
stored (in full or in any part) in databases for access by you or any third
party or to distribute any database services containing all or part of the service.
You may not use www.thebodycoach.com in any way to improve the quality of any
data sold or contributed by you to any third party. You may not use any of The
Body Coach trademarks, trade names, or service marks in any manner which creates
the impression that such names and marks belong to, or are associated with you,
or are used with The Body Coach consent and you acknowledge that you have no
ownership rights, in and to any of these names and marks.
4. License
You have no rights or licenses in or to The Body Coach and materials contained
on The Body Coach web site (www.thebodycoach.com), other than the limited right
to use www.thebodycoach.com in accordance with the terms. In the event that
you choose to download content from www.thebodycoach.com, you must do so in
accordance with the terms. Such download is licensed to you by The Body Coach
only for your own personal, non commercial use in accordance with the terms
and does not transfer any other rights to you
5. Rights reserved
All present and future marks in and to trade secrets, patents, copyrights, trademarks,
service marks, and other proprietary rights of any type under the laws of any
governmental authority, domestic or foreign, including rights in and to all
applications and registrations relating to www.thebodycoach.com (the "intellectual
property rights") shall remain the sole and exclusive property of The Body
Coach.
All present and future rights in and title to www.thebodycoach.com are reserved
to The Body Coach, for its exclusive use. Except as permitted by the terms,
you may neither:
1) copy or make any use of www.thebodycoach.com or any portion of it, nor
2) use the trademarks, trade names, service marks, trade dress, logos or titles
of The Body Coach. Or The Body Coach, or the names of any individual participant
in, or contributor to, The Body Coach, or any variation of www.thebodycoach.com,
for any purpose, without The Body Coach prior written consent.
6. Disclaimer and limitation of liability
You agree that your use of www.thebodycoach.com is at your sole risk and acknowledge
that www.thebodycoach.com and anything contained thereon, including, but not
limited to, content, services, goods, or advertisements ("related materials")
are provided "as is", and that The Body Coach, makes no warranty of
any kind, express or implied, as to the related materials, including, but not
limited to, merchantability, non infringement, title or fitness for a particular
purpose or use of www.thebodycoach.com does not warrant that www.thebodycoach.com
is free of errors, viruses, or other potentially damaging forces and is not
liable for any damage that you may suffer as a result of these or other forces.
You agree that The Body Coach shall have no responsibility or liability for
a) any injury or damages, whether caused by negligence of The Body Coach its
employees, agents, subcontractors, or otherwise arising in connection with www.thebodycoach.com
and shall not be liable for any lost profits, losses, punitive, incidental or
consequential damages or any claim against The Body Coach by any other party
or
b) any fault, inaccuracy, omission, delay or any other failure in www.thebodycoach.com
caused by your computer equipment or arising from your use of www.thebodycoach.com
on such equipment. The content of other web sites, services, goods, or advertisements
that may be linked to www.thebodycoach.com is not controlled or maintained by
The Body Coach and as such, The Body Coach is not responsible for the accuracy,
content, or availability of other web sites, services or goods that may be linked
to, or advertised on www.thebodycoach.com.
The Body Coach does not:
(a) make any warranty, express or implied, with respect to the use of the links
provided on www.thebodycoach.com
(b) guarantee the accuracy, completeness, usefulness or adequacy of an other
web sites, services, goods or advertisements that may be linked to www.thebodycoach.com
(c) make any endorsement, express or implied, of any other web sites, services,
goods or advertisements that may be linked to www.thebodycoach.com. The Body
Coach is not responsible for the reliability or continued availability of the
telephone lines and equipment that you use to access www.thebodycoach.com.The
Body Coach and/or contributors to www.thebodycoach.com may choose at any time
to inhibit or prohibit their content from being accessed under the terms.
You acknowledge that
(a) The Body Coach includes information taken from various sources and
(b) The Body Coach does not guarantee the accuracy, completeness, or timeliness
of www.thebodycoach.com. The Body Coach it¹s officers and employees, affiliates,
and third-party agents shall not, directly or indirectly, be liable, in any
way, to you or any other person for
(i) any inaccuracies or errors in or omissions from www.thebodycoach.com,
(ii) any delays, errors or interruptions in the transmission or delivery www.thebodycoach.com
or
(iii) any loss or damage arising there from, or by any reason of non performance.
7.Limitation of liability
Under no circumstances, including but not limited to negligence, shall The Body
Coach, it¹s suppliers and it¹s third party agents be liable to you
for direct, indirect, incidental, consequential, special, punitive or exemplary
damages, even if a Body Coach authorised representative has been advised specifically
of the possibility of such damages, arising from use of or inability to use
www.thebodycoach.com, or any provision of the terms, such as, but not limited
to, loss of revenue or anticipated profits or lost business. Applicable law
may not allow the limitation or exclusion of liability or incidental or consequential
damages.
In no event shall The Body Coach's total liability to you for all damages,
losses, causes and action (whether in contract or tort, including but not limited
to negligence) exceed the amount paid by you, if any, for accessing this site.
8. Indemnification
You agree, at your own expense, to indemnify, defend, and hold harmless The
Body Coach and its employees, representatives, suppliers, and agents, against
any claim, suit, action, or other proceeding brought against The Body Coach
it¹s employees, representatives, suppliers, and agents, by a third party,
to the extent that such claim, suit, action or other proceeding brought against
The Body Coach it¹s employees, representatives, suppliers, and agents is
based on or arises in connection with www.fia.com.au, including but not limited
to
(a) your use (or someone using your computer) of www.thebodycoach.com;
(b) a violation of the terms by you or anyone using your computer;
(c) a claim that any use of www.thebodycoach.com by you or someone using your
computer infringes any intellectual property right of any third party, or any
right of personality or publicity, is libellous or defamatory, or otherwise
results in injury or damage to any third party;
(d) any deletions, additions, insertions, or alterations to, or any unauthorised
use of, www.thebodycoach.com by you or someone using your computer;
(e) any misrepresentation or breach of representation or warranty made by you
contained herein; or
(f) any breach of any covenant or agreement to be performed by you hereunder.You
agree to pay any and all costs, damages, and expenses, including, but not limited
to, reasonable attorneys' fees and costs awarded against or otherwise incurred
by or in connection with or arising from any such claim, suit, action or proceeding
attributable to any such claim.
9. Right to terminate
Either you or The Body Coach may terminate the terms with or without cause at
any time and effective immediately. You may terminate the terms by discontinuing
use of www.thebodycoach.com. These terms will terminate immediately without
notice from www.thebodycoach.com. If you, in The Body Coach's sole discretion,
fail to comply with any provision of these terms. Upon termination by you, or
upon notice of termination by The Body Coach. You must destroy promptly all
materials obtained from www.thebodycoach.com and any copies thereof. Sections
two through eight (2-8) and ten (10) shall survive any termination of the terms.
10. Governing Law
This agreement between us shall be governed by and construed in accordance with
the laws of Australia without reference to any conflicts of law principles.
You agree to submit to the relevant state and federal courts with respect to
any legal proceedings that may arise in connection with The Body Coach or from
a dispute as to the interpretation or breach of the terms.
11. Use of www.thebodycoach.com outside Australia
The Body Coach does not represent that materials in www.thebodycoach.com are
appropriate or available for use in countries outside Australia if you choose
to access www.thebodycoach.com from outside Australia, you are responsible for
compliance with foreign and local laws.
12. Content changes
You accept that The Body Coach in its sole discretion has the right to change
the content or technical specifications of any aspect of www.thebodycoach.com
at any time. You further accept that such changes may result in your being unable
to access www.thebodycoach.com.
13. Severance
If any provision of the terms is found invalid or unenforceable, that provision
will be enforced to the maximum extent permissible, and the other provisions
of this agreement will remain in force.
14. Contact information
Should you have any questions concerning this agreement contact The Body Coach.
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