Privacy Policy
At STALEY TRAINING SYSTEMS, INC.
, your privacy is important to us. All personal information will be held
in the strictest confidence. Your name or e-mail address will not be sold to
any bulk mailing lists. You may choose to opt out of the STALEY TRAINING SYSTEMS, INC.
e-mail newsletter at any time by requesting to do so via e-mail.
STALEY TRAINING SYSTEMS, INC. collects personally identifiable
information when you buy training programs from STALEY TRAINING SYSTEMS, INC.
including: name, email and other optional information from which your identity
may be reasonably ascertained. The personal information collected from Clients
during the registration process is used to manage each Client's account (i.e.
setup of services).
STALEY TRAINING SYSTEMS, INC. also automatically receives and records information on our server logs from your browser including, but not limited to, your IP address, page that you requested, and your browser type.
ALL personal information is held in the strictest confidence and will not be sold or distributed without express consent by you.
Definition of Services
STALEY TRAINING SYSTEMS, INC., a Web site (sometimes hereafter the “Site”)
owned and operated by STALEY TRAINING SYSTEMS, INC. , provides Internet-based
fitness and health information and personal training services to the fitness
consumer.
Acceptance of Terms of Use
You must agree to these Terms of Use in order to use the STALEY TRAINING SYSTEMS, INC. Site. By using this Site, you acknowledge your agreement to these Terms of Use. Please read these Terms carefully. If you do not agree to all of the Terms of Use in this agreement, please do not use this Site.
STALEY TRAINING SYSTEMS, INC. may revise and update these Terms of Use at anytime. Please review the Terms of Use periodically as posted at the STALEY TRAINING SYSTEMS, INC. Site because your continued usage of the Site will mean you accept those changes. Please check these areas before using STALEY TRAINING SYSTEMS, INC. to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please terminate your use of STALEY TRAINING SYSTEMS, INC. immediately (1) by notifying STALEY TRAINING SYSTEMS, INC. of your unwillingness to accept the changes to the Terms of Use; and/or (2) by discontinuing your use of STALEY TRAINING SYSTEMS, INC..
Occasionally, STALEY TRAINING SYSTEMS, INC. may supplement these Terms of Use with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on STALEY TRAINING SYSTEMS, INC. to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
SECTION ONE:
Disclaimer of Warranties and Consequential Damages
Neither STALEY TRAINING SYSTEMS, INC. nor STALEY TRAINING SYSTEMS, INC. recommends or endorses any specific test,
products, or procedures that may be mentioned on the Site. STALEY TRAINING SYSTEMS, INC. does
not assume any liability for the contents of any material provided on the Site.
Reliance on any information provided by STALEY TRAINING SYSTEMS, INC., its Personal Trainers,
or other visitors to the Site is solely at your own risk. STALEY TRAINING SYSTEMS, INC. assumes
no liability or responsibility for damage or injury to persons or property arising
from any use of any product, information, idea, or instruction contained in
the materials provided to you. STALEY TRAINING SYSTEMS, INC. reserves the right to change or discontinue
at any time any aspect or feature of this Site.
STALEY TRAINING SYSTEMS, INC., 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 STALEY TRAINING SYSTEMS, INC. Site
or other STALEY TRAINING SYSTEMS, INC. information. STALEY TRAINING SYSTEMS, INC., its licensors, and its suppliers
do not make any warranty that the content contained on the STALEY TRAINING SYSTEMS, INC. Site
satisfies government regulations requiring disclosure of information on supplements
and/or prescription drug products.
You acknowledge that in connection with the Site, information will be transmitted
over local exchange, inter-exchange and Internet backbone carrier lines and
through routers, switches and other devices owned, maintained and serviced by
third party local exchange and long distance carriers, utilities, Internet service
providers and others, all of which are beyond the control of STALEY TRAINING SYSTEMS, INC. and
its suppliers. Accordingly, STALEY TRAINING SYSTEMS, INC. assumes 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.
YOU EXPRESSLY AGREE THAT USE OF STALEY TRAINING SYSTEMS, INC. IS AT YOUR SOLE RISK. STALEY TRAINING SYSTEMS, INC. IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STALEY TRAINING SYSTEMS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, 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.
STALEY TRAINING SYSTEMS, INC. MAKES NO WARRANTY THAT STALEY TRAINING SYSTEMS, INC. WILL MEET YOUR REQUIREMENTS, OR THAT STALEY TRAINING SYSTEMS, INC. WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. STALEY TRAINING SYSTEMS, INC. DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH STALEY TRAINING SYSTEMS, INC.. STALEY TRAINING SYSTEMS, INC. IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER STALEY TRAINING SYSTEMS, INC. NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN STALEY TRAINING SYSTEMS, INC., ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. STALEY TRAINING SYSTEMS, INC. ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
NEITHER STALEY TRAINING SYSTEMS, INC. NOR STALEY TRAINING SYSTEMS, INC. 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 PARTICIPATION IN STALEY TRAINING SYSTEMS, INC. IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STALEY TRAINING SYSTEMS, INC. SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
STALEY TRAINING SYSTEMS, INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH STALEY TRAINING SYSTEMS, INC. OR ANY TRANSACTIONS ENTERED INTO THROUGH STALEY TRAINING SYSTEMS, INC..
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 STALEY TRAINING SYSTEMS, INC., but rather are exclusively controlled by third parties. Accordingly, STALEY TRAINING SYSTEMS, INC. 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 STALEY TRAINING SYSTEMS, INC. may provide a link to a third party, such a link is not an authorization, endorsement or sponsorship by STALEY TRAINING SYSTEMS, INC. with respect to such web site, its owners or its providers. STALEY TRAINING SYSTEMS, INC. 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 STALEY TRAINING SYSTEMS, INC. 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 STALEY TRAINING SYSTEMS, INC.’s 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 STALEY TRAINING SYSTEMS, INC. and its electronic connection to such third parties or their electronic connection to STALEY TRAINING SYSTEMS, INC. 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 STALEY TRAINING SYSTEMS, INC.. 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 STALEY TRAINING SYSTEMS, INC. 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.
SECTION TWO:
Privacy
STALEY TRAINING SYSTEMS, INC. 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. STALEY TRAINING SYSTEMS, INC. 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 STALEY TRAINING SYSTEMS, INC. confidential or proprietary information. Data which is not personal, including questions, comments, ideas and suggestions, shall be deemed to be non-confidential and STALEY TRAINING SYSTEMS, INC. shall be free to disclose and use the same for any purpose, and through any means, without any obligation whatsoever to you. STALEY TRAINING SYSTEMS, INC. specifically prohibits the use of this Internet site for the purpose of violating laws, engaging in business disparagement or defamation, or discriminating or harassing any person.
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 STALEY TRAINING SYSTEMS, INC., 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 STALEY TRAINING SYSTEMS, INC.. STALEY TRAINING SYSTEMS, INC. makes no warranties about the discoverability of members' identity by methods beyond our control.
Children and Minors
STALEY TRAINING SYSTEMS, INC. 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.).
SECTION THREE:
Use of Content
Upon acceptance of these Terms of Use, STALEY TRAINING SYSTEMS, INC. authorizes 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 legal notices and
are incorporated into these Terms of Use by reference.
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 STALEY TRAINING SYSTEMS, INC.. 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 STALEY TRAINING SYSTEMS, INC.'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 publications.
Intellectual Property
Rights Reserved
All information provided by STALEY TRAINING SYSTEMS, INC. in any form, is proprietary
to STALEY TRAINING SYSTEMS, INC. and is protected by U.S. and foreign laws and
international treaties governing intellectual property. All such information
published by STALEY TRAINING SYSTEMS, INC. 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 STALEY TRAINING SYSTEMS,
INC. does not invalidate copyright protection, and it does not indicate that
STALEY TRAINING SYSTEMS, 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 STALEY TRAINING SYSTEMS, INC., 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 © 2008 STALEY TRAINING SYSTEMS, INC. All rights reserved.
No License
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 STALEY TRAINING SYSTEMS, INC.’s or any third party's
intellectual property rights.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or 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 and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
STALEY TRAINING SYSTEMS, INC. may assign its rights and obligations under these Terms of Use and upon such assignment STALEY TRAINING SYSTEMS, INC. may be relieved of any further obligation hereunder.
You represent to STALEY TRAINING SYSTEMS, INC. that you have the authority to register with STALEY TRAINING SYSTEMS, INC. according to these Terms of Use.
Indemnity
You agree to defend, indemnify and hold STALEY TRAINING SYSTEMS, INC. and STALEY TRAINING SYSTEMS, INC., 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. STALEY TRAINING SYSTEMS, 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 Law
STALEY TRAINING SYSTEMS, INC. is based in Arizona, in the United States of America.
STALEY TRAINING SYSTEMS, INC. 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. These Terms
of Use shall be governed by and construed in accordance with the laws of the
State of Arizona, without giving effect to its conflict of laws provisions.
You expressly agree that exclusive jurisdiction for any dispute with STALEY
TRAINING SYSTEMS, INC., including any claim involving STALEY TRAINING SYSTEMS,
INC. or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers, or in any way relating to
your membership or use of STALEY TRAINING SYSTEMS, INC., resides in the courts
of the State of Arizona. 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 Maricopa County, Arizona.
Remedies for your Breach of these Terms of Service
In the event that STALEY TRAINING SYSTEMS, INC. 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 STALEY TRAINING SYSTEMS, INC. and its members,
STALEY TRAINING SYSTEMS, INC. reserves the right to (i) warn you via e-mail that you have violated
these Terms of Use; (ii) delete any content provided by you or your agent(s)
to STALEY TRAINING SYSTEMS, INC., (iii) delete all content provided by you to STALEY TRAINING SYSTEMS, INC., (iv)
discontinue your registration with STALEY TRAINING SYSTEMS, INC. and/or any other STALEY TRAINING SYSTEMS, INC.
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 STALEY TRAINING SYSTEMS, INC. deems to be appropriate.
Termination.
STALEY TRAINING SYSTEMS, INC. reserves the right, at its sole discretion, to immediately, without
notice to suspend or terminate (i) these Terms of Use; (ii) your registration
with or ability to access STALEY TRAINING SYSTEMS, INC. and/or any other service provided to you
by STALEY TRAINING SYSTEMS, INC. including any e-mail account upon any breach by you of the Terms
of Use.
Complete Agreement
These Terms of Use and any Additional Terms (as such terms shall be identified
when posted on STALEY TRAINING SYSTEMS, INC. by STALEY TRAINING SYSTEMS, INC.) constitute the entire understanding
between the parties as to subject matter hereof, and supersede all prior agreements
and understandings. Any legally unenforceable provision of these Terms of Use
will, at the election of STALEY TRAINING SYSTEMS, INC., be deleted or modified to correct the
defect and, regardless, the remainder of the terms of these Terms of Use will
remain valid and enforceable.
Thank you for your cooperation with these Terms and Conditions.
Addendum - Copyright and Intellectual Property Policy
STALEY TRAINING SYSTEMS, INC. respects the intellectual property of others, and we ask our users to do the same. STALEY TRAINING SYSTEMS, INC. has no responsibility for content on other web sites that you may find or access when using STALEY TRAINING SYSTEMS, 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 terms of use of those web sites, and not the STALEY TRAINING SYSTEMS, INC. Terms of Service, govern your use of that material.
It is STALEY TRAINING SYSTEMS, 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 STALEY TRAINING SYSTEMS, 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 STALEY TRAINING SYSTEMS, INC. with the following information:
1. an electronic
or physical signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
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 STALEY TRAINING SYSTEMS, 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.
STALEY TRAINING SYSTEMS, INC.'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
STALEY TRAINING
SYSTEMS, INC.
P.O. Box 2334
Gilbert, AZ
85299
USA
Toll-Free: (800) 519-2492 (or 480-813-6205)
Fax: (480) 813-6215