1. Description of Service
MPT is providing Visitor with information about its products and services, including but not limited to the ability to find studio locations and request franchise information. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem; and (2) provide for Visitor’s access to the Internet; and (3) pay any fees related with such connection.
2. Disclaimer of Warranties
The site is provided by MPT on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, MPT makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. MPT shall have no liability for any interruptions in the use of this website. MPT disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
MPT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MPT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE LIMITATIONS ARE INAPPLICABLE.
Visitor agrees to indemnify and hold MPT, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
MPT reserves the right to modify or discontinue the Service with or without notice to the Visitor. MPT shall not be liable to Visitor or any third party should MPT exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that MPT does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Studio Information
Hours of operation, services provided and other information have either been provided by the Studios or collected from publicly available sources. While MPT makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
8. Governing Jurisdiction of the Ohio Courts
9. Compliance with Laws
Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces and the selection and arrangements thereof is ©2010 My Personal Trainer, Inc., with all rights reserved, or is the property of MPT and/or third parties protected by intellectual property rights. Any use of the materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MPT is strictly prohibited. Visitors agree that they will not use any robot, spider or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MPT.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MPT designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By mail: 4351 Dressler Road NW, Canton, OH 44718
By Email: firstname.lastname@example.org
12. Offer of Franchise
Nothing on this website is meant to imply the offer of the sale of a franchise. Offers to purchase a franchise can only be made
after your receipt of the MPT Franchising International, Inc. Franchise Disclosure Document prepared for your location.
© 2010 My Personal Trainer ®, Inc.