Terms

Terms of Use Agreement

Read this Terms of Use Agreement before accessing website.

Effective Date: This Terms of Use Agreement was last updated on March 17, 2010.

This Terms of Use Agreement sets forth the standards of use of the MPT Franchising International, Inc. and My Personal Trainer, Inc. (hereinafter referred to as "MPT") Websites. By using the mptamerica.com or mypersonaltrainerinc.com website, you (the "Visitor") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at mptamerica.com or mypersonaltrainerinc.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

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.

4. Indemnification

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

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties’ 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

Our website is operated and provided in the State of Ohio. As such, we are subject to the laws of the State and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Ohio.

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: info@mptamerica.com

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.

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MPT, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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