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TERMS OF USE

 

Thank you for choosing to visit PPT Fitness at www.pptfitness.com (hereafter referred to as 'the Site'). The Site is owned by Premium Performance Training Inc. in affiliation with Premium Personal Training Inc. (hereafter collectively referred to as 'PPT Fitness"). We ask that you take a moment to review the terms and conditions (hereafter referred to as 'Terms') for the use of the Site as detailed below. If you agree with the Terms, you can proceed to use the Site and to register as a member via the Login/Sign-Up at the top right of this page. If you do not agree, please exit the Site, immediately.

​If any Site services have additional terms and conditions, privacy statements, or other policies ("Separate Terms"), then those Separate Terms shall apply in connection with your use of that Site service. To the extent there is a direct conflict between the Separate Terms and these Terms, the Separate Terms shall govern. 

In addition, these Terms do not alter in any way the terms and conditions of any other agreement you may have with PPT Fitness, unless otherwise directed by PPT Fitness.

 

If you breach any of these Terms, your authorization to use the Site automatically terminates, your user account will be blocked, and you must immediately discontinue use of the Site. If your account is blocked, you do not have permission to re-register under a different name or via a different IP address.

 

1. CHANGES IN TERMS

PPT Fitness has the sole right at any time and without prior notice to revise these Terms. PPT Fitness will post changes on the Site and it is your responsibility to review these Terms and any modifications.

2. TERMINATION

PPT Fitness has the right at any time and without prior notice to terminate some or all of PPT Fitness services, any feature or portion thereof, or any products or services offered, and to terminate your right to access or use PPT Fitness services or any feature or portion thereof.

3. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws and regulations regarding your use of the Site. You must be at least 18 years old to use the Site.

4. CONTENT 

The text, images, photographs, graphics, videos, logos, illustrations, descriptions, data, and other material on the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".

The Content may contain errors, omissions, or may be out of date. PPT Fitness may change, delete, or update Content at any time. The Content is provided for informational purposes only and is not binding on PPT Fitness.

All content, logos, graphics, pages, scripts, and service names included in or made available through the Site are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in Barbados and other countries.

 

PPT Fitness' intellectual property may not be used without PPT Fitness' written permission. All other trademarks and service marks not owned by PPT Fitness that appear in the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PPT Fitness.

You may view and use the Content for your personal information and for ordering and for no other purpose. PPT Fitness does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site.

5. NOTICE AND PROCEDURES FOR ADDRESSING INTELLECTUAL PROPERTY CONCERNS 

If you have any concerns related to intellectual property on the Site, please provide the PPT Fitness copyright agent with the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • A description of the copyrighted work or other intellectual property at issue;

  • The location of the material giving rise to the concern on the Site;

  • Your address, telephone number, facsimile number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;

  • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

Notification should be sent to:

Designated Agent: Jamil Jones, Chief Executive Officer, Premium Performance Training Inc, #17 Hoytes Terrace, St, James, Barbados; +1 (246) 233-6433; jamiljones@pptfitness.com

6. ACCOUNTS

Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify PPT Fitness at admin@pptfitness.com of any unauthorized use of your username, password, other account information, or any other breach of security involving or relating to the Site.

7. USER CONTENT 

The Site allows you to post content, including, but not limited to, photos, reviews, ideas, suggestions, links, and other materials. Anything that you post or otherwise make available on or in connection with the Site is referred to as “User Content.” User Content is non-confidential, non-proprietary, and may be used by PPT Fitness, PPT Fitness vendors, or their affiliates for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law. You agree that as a condition of permitting you to submit User Content, you grant PPT Fitness, PPT Fitness' affiliates, and any sub-licensees, subject to the Privacy Policy, a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable, perpetual right and license to use, copy, publicly perform, digitally perform, publicly display, and distribute User Content, including the use of your name, alias, and any other information (provided by you), and to prepare derivative works based on, or incorporate into other works, User Content, with or without attribution. You represent and warrant that any User Content is in compliance with all applicable laws and regulations, and it is not composed of and does not contain viruses, solicitations, or any form of spam. Your submission of User Content constitutes an agreement that you will defend, indemnify, and hold PPT Fitness harmless for all claims resulting from User Content you supply.

PPT Fitness is not responsible for, and does not endorse the opinions, advice or recommendations in User Content and specifically disclaim all liability in connection therewith.

PPt Fitness reserves the right to modify, review, delete and refuse to post User Content for any reason.

8. PUBLIC FORUM AND COMMUNICATIONS 

"Forum" means an area, site or feature offered as part of a Site that allows users to distribute User Content for viewing by Site users, including a chat area, message board, messaging, social community environment, profile page, blog, and e-mail function.

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Content. You further agree that your communications will comply with all rules set forth in section 10 below. PPT Fitness cannot guarantee the security of any User Content and you make such disclosures at your own risk. PPT Fitness has no duty to monitor any Forum.

9. COLLECTION OF VISITOR INFORMATION

Any information collected at the Site is governed by our Privacy Policy, unless otherwise stated.

10. RULES OF CONDUCT 

By using the Site, you agree that you will not submit any User Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including User Content that is or represents an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) unless specifically authorized by Bodybuilding.com; (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site; (i) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (j) is antisocial, disruptive, or destructive, including flaming, spamming, flooding, trolling, and griefing as those terms are commonly understood and used on the internet.

11. LINKS TO THIRD PARTY SITES

Links to other websites operated by third parties, including PPT FITNESS vendors, do not constitute sponsorship, endorsement, or approval by PPT FITNESS of the content, policies, or practices of such linked sites. PPT FITNESS does not operate, control, or maintain linked sites and is not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience and you access them at your own risk.

12. DISCLAIMER AND LIMITATIONS OF LIABILITY AS TO THE PPT FITNESS SITE AND CONTENT

UNLESS PROHIBITED BY APPLICABLE LAW, PPT FITNESS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. PPT FITNESS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH BODYBUILDING.COM IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE SERVICES.

UNLESS PROHIBITED BY APPLICABLE LAW, PPT FITNESS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT PPT FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PPT FITNESS BE LIABLE TO YOU FOR ANY AMOUNT.

13. DISCLAIMER AND LIMITATIONS OF LIABILITY 

PPT FITNESS provides the Site (including all Content) “as is” without warranty of any kind, whether express or implied. You are solely responsible for damage that results from the use of the Site including, but not limited to, damage to your computer system or loss of data.

PPT FITNESS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

PPT FITNESS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100 (WHICHEVER IS LESS).

14. HOLD HARMLESS AND INDEMNITY

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify PPT Fitness, its parent company, and their respective subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

15. DISPUTE RESOLUTION

By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Barbados in accordance with the laws of Barbados. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms shall be construed in accordance with the laws of Barbados, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in Barbados and you will initiate any claim in connection with use of the Site or these Terms of Use in Barbados.

Nothing in this Section shall prevent PPT Fitness from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

16. GENERAL TERMS OF USE

  1. Entire Agreement/Severability. These Terms of Use, together with the App Terms, Privacy Policy, and Conditions of Sale and any amendments and any additional agreements you may enter into with PPT Fitness, shall constitute the entire agreement between you and PPT Fitness. If any provision of these Terms of Use is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

  2. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PPT Fitness' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  3. Defined Words. Any capitalized words used herein and not otherwise defined are defined in Bodybuilding.com's Conditions of Sale, App Terms, or Privacy Policy.

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