Fitnessonline.com - Visitor Agreement

Weider Interactive, Inc. Visitor Agreement
The Fitness Online Network

Welcome to the Fitness Online Network, Weider Interactive, Inc. (WIN) network of web sites. Please take a moment to read our Visitor Agreement. As our web sites are always evolving, please be aware that we may change this agreement from time to time. By using our web sites, you accept the current Terms of Use. The terms include:

»	Acceptance of Terms
»	Rules for Submissions and Messages
»	Rights
»	Third Party Services
»	Disclaimer of Warranties
»	Limitation of Liability
»	Discontinuance, Modification & Restrictions
»	Severability
»	Termination
»	General

We respect your privacy. Please read our Privacy Policy.

The content of these sites is provided to you to broaden your understanding and knowledge of the health and fitness topics discussed in our magazines. This information should not be considered to be exhaustive of a particular topic, and should never be used in place of a visit or call to, consultation with or advice from your physician or other health care provider. We strongly recommend that you consult a health care professional prior to using any information or advice contained in these sites that sets forth, illustrates, or suggests a particular diet, fitness program, workout regimen, or activity. Further, we do not recommend the self-management of health problems because of the advice or recommendations contained in these sites. You should never disregard medical advice or delay in seeking it because of something you have read in these sites. We do not assume any liability for injuries that may occur while using any information contained in these sites, regardless of whether a doctor was consulted.

Despite our efforts to provide useful and accurate information, errors may appear from time to time. Some of the content you find on our sites was not created, edited, or posted by us (for example, discussion group postings). Though we hope the advertisers, merchants, and users you meet through our sites treat you honorably and fairly, we can't vouch for the information, goods, or services they offer. Before you act on information you've found on or through our sites, confirm any facts that are important to your decision. We encourage you to exercise a healthy skepticism and good judgment.

Acceptance of Terms of Use
Our web sites are provided free of charge to you under this Visitor Agreement. For certain services, however, such as auctions, contests, sweepstakes, or premium services, you may need to register, and in a few cases pay a fee. If registration or fees are required, additional terms will be placed on the sites that explain the special terms that apply with respect to those services. If you do not agree to these terms, please do not register for, pay for, or enter the sites. Please review our Visitor Agreement periodically to determine whether a change has been made. If you do not agree to any changes made in the Visitor Agreement, please arrange to discontinue your use of the sites. Your continued use of these sites signifies your acceptance of any changes in the Visitor Agreement.

Rules for Submissions and Messages
If you are under 13 years old, you are not allowed to register or to participate in discussion groups.

Responsibility for what is posted in the discussion groups or other public forums lies with each user--you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use the sites in any way to send or submit materials:

a.	that are false, inaccurate or misleading;
b.	that are fraudulent or involve the sale of counterfeit or stolen items;
c.	that infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d.	that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
e.	that are defamatory, libelous, threatening or harassing;
f.	that are obscene or contain any kind of pornography;
g.	that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
h.	that might create liability for us or might cause us to lose (in whole or in part) the services of our internet service providers or other suppliers;
i.	that interfere with the ability of others to enjoy our site;
j.	that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of WIN; or
k.	that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include.

That said, we are most often a passive conduit for the information users submit. We cannot and do not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right but do not assume the obligation to restrict or prohibit your use of our sites if we believe you are violating any of the terms of the Visitor Agreement and to remove, edit, or relocate any submission as we see fit whether for legal or other reasons.

In order to encourage users to feel free to share their e-mail addresses in public posting areas, you may not use any other user's information, personal or otherwise, for any commercial purpose, chain letters, junk mail, "spamming," bulk communications, or developing lists. Any such use by you shall be deemed to be a violation of this Visitor Agreement. Your use of the sites is limited to personal, not commercial purposes. Your commercial exploitation of the sites is strictly prohibited unless we grant prior written permission.

Rights

You acknowledge that:

1.	We permit access to content that is protected by copyrights, trademarks and other intellectual property and proprietary rights ("Rights") and;
2.	Except as expressly provided otherwise, the Visitor Agreement and applicable copyright, trademark and other laws govern your use of such content.

You are free to display and print for your personal, non-commercial use information you receive through our sites. You are free to encourage others to access the information themselves on our sites. We welcome links to our service. You are free to establish a hypertext link to our sites so long as the link does not state or imply any sponsorship of your site by us or make use of a trademark or logo without written consent of the trademark or logo owner.

The content of these sites such as text, graphics, images, and other materials are protected by copyright under both United States and foreign law. Unauthorized use of the material may violate copyright, trademark, and other laws. You may not sell or modify any content from our sites in any way for any public or commercial purpose. The use of WIN content on any other website or in any networked computer environment for any purpose is prohibited. If you violate the terms of this agreement, WIN reserves the right to terminate your access to the sites and you must immediately destroy any copies you have made of our materials.

By submitting content to or through our sites, you grant us the perpetual and irrevocable non-exclusive right and license to reproduce, modify and distribute it as we see fit in any form, media, or technology now known or later developed and for any lawful purpose. You also permit any other user to access, display, and print such content for personal use. You vouch that any material you submit does not violate, plagiarize or infringe upon the rights of any third party. If non-original content is included in your posting, you must obtain permission from the content owner and attribute it.

Third Party Services
As a convenience to you, we may provide links to third party's web sites. Those web sites and parties are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might make against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning the merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us - nor will we be construed as - a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Nor will we be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.

Disclaimer of Warranties
WE DO NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THESE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THESE SITES OR THE MATERIAL CONTAINED IN THE SITES RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT OR DATA, WIN IS NOT RESPONSIBLE FOR THESE COSTS.

THE SITES AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WIN AND ITS AGENTS, AFFILIATES AND EMPLOYEES, TO THE FULLEST EXTEND PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS A FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE AND GRAPHICS.

Limitation of Liability
IN NO EVENT SHALL WIN OR ITS AGENTS, AFFILIATES AND EMPLOYEES OR ANY THIRD PARTIES MENTIONED IN THESE SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTIONS) RESULTING FROM THE USE OR INABILITY TO USE THE SITES AND ITS MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Discontinuance, Modification & Restrictions

We may discontinue, change, suspend, or restrict access to this service or any portion of this service at any time without liability to you or any third party.

Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions shall remain in full force and effect as if said provision never existed.

Termination
WIN possesses the right to terminate your ability to access the sites for any reason, without notice.

General
Access to the web sites may not be legal in certain countries. If you access the web sites outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal and substantive laws of the State of California, without respect to its conflict of laws provisions. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such terms or any other terms and no such waiver shall be binding on WIN unless in writing signed by WIN.

This Visitor Agreement and any express additional terms (which will be identified as such when posted by us on our other sites) constitute the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings with respect thereto.