Welcome to Dakota Personal Training.com, Dakota Personal Training provides the information, services, products, and programs offered through Dakota Personal Training.com (collectively, “Online Services”) to you subject to the following User Agreement (“Terms of Use”), which may be amended as described below. The current Terms of Use will always be available for your review at Term of Use. By accessing and using the Online Services, you agree to the posted Terms of Use.
Acceptance of Terms Through Use
By using the Dakota Personal Training Web site, www.Dakota Personal Training.com (the “Site”), you agree to be bound by the Terms of Use. We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Online Services’ registration form and update that information to keep it accurate. You acknowledge and agree that our Online Services contain proprietary information that is protected by applicable intellectual property and other laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of our Online Services, access to our Online Services or any of the content accessible through our Online Services.
Description of Online Services
The Dakota Personal Training.com Online Services are provided for your information and entertainment. You understand and agree that our Online Services are intended for general reference purposes only and are not intended to address specific medical conditions. Furthermore, you understand and agree that our Online Services are provided “AS-IS” and that Dakota Personal Training assumes no responsibility for, among other things, any service outages or interruptions, the unavailability of particular features or services, and the inability to access all or part of our Online Services.
Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software on this Site is the property of Dakota Personal Training and is protected by U.S. and international copyright laws. You also agree not to use our Online Services to:
• violate or solicit the violation of any applicable local, state, national or international law;
• infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; and,
• interfere with or disrupt our Online Services.
Furthermore, you agree that you will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from our Online Services, except to use such information or content for purposes of listing our Online Services with a search engine or other service designed to direct users to the Site. You further agree that you will not copy, modify, or publicly display any information or content on the Site for use in any commercial manner, except to use such information or content for purposes of listing the Site in a search engine or other service directing users to our Site.
Important Note Regarding Information Related to Health
Our Online Services are not a substitute for professional medical advice or a medical exam. Prior to participating in any exercise program or activity, you should seek the advice of your physician or other qualified health professional. You agree that no health information provided by our Online Services will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician. Application or reliance on the techniques, ideas, and suggestions accessed through our Online Services is at your sole discretion and risk
Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Dakota Personal Training may change, suspend, or discontinue any aspect of the Site at any time. Dakota Personal Training may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.
Children
Our Online Services are not designed for use by children. By using Dakota Personal Training.com, or purchasing any of the Online Services offered here, you agree and warrant that you are 18 years old or older.
Violation of the Terms of Use
You understand and agree that in Dakota Personal Training’s sole discretion, and without prior notice, Dakota Personal Training may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Dakota Personal Training believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Dakota Personal Training, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Dakota Personal Training for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Dakota Personal Training may release user information about you if required by law or subpoena.
Copyright Policy
We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.
Representations by You
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
Accounts
During the registration process, you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of Dakota Personal Training, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify psmartludlow@gmail.com, with the subject line “Web Account Misuse” of any potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Dakota Personal Training in its sole discretion deems offensive.
License Granted by You
By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
Advertising
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
Pricing and Other Errors on Our Site
Dakota Personal Training attempts to make sure that the information on this site is correct and complete. However, Dakota Personal Training makes no representation that the information on the site is correct, complete or current. Unfortunately, errors may periodically occur. If so, errors will be corrected where discovered, and Dakota Personal Training reserves the right to revoke any offer and correct any errors, inaccuracies or omissions, including after an order has been submitted (whether or not the order has been confirmed and your credit card charged). If the order is canceled after you have been charged, Dakota Personal Training will issue a credit to your credit card account or bank account (for debit card transactions) in the amount of the charge. See your individual bank’s policies as to when this amount will be credited to your account. Prices and availability of products and services are subject to change without notice.
No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Dakota Personal Training’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Dakota Personal Training will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
Links and Search Results
The Site contains links to sites operated by third parties throughout the World Wide Web. Dakota Personal Training has no control over these sites or the content within them. Dakota Personal Training does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. Dakota Personal Training does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Dakota Personal Training for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at psmartludlow@gmail.com, with the subject line “Broken Links.”
Intellectual Property
You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Dakota Personal Training or our licensors. Except where otherwise noted, you may download, print or view individual pages for non-commercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in these Terms of Use and for no other purpose Dakota Personal Training, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited.
The trademarks, logos and service marks displayed on this Site are the property of Dakota Personal Training USA, Inc. or other third parties. Users are not permitted to use trademarks, logos and service marks without prior written consent.
The Dakota Personal Training word, the Dakota Personal Training Corporate Logo, 12MILLIONLIVES.COM, the Dakota Personal Training Dakota Personal Training Design, Dakota Personal Training, Dakota Personal Training ACTIVE, Dakota Personal Training EXPRESS, Dakota Personal Training SOLUTIONS, Dakota Personal Training SPORT, Dakota Personal Training ULTRA-SPORT, Dakota Personal Training.COM, Dakota Personal Training, APEX, APEX FITNESS, APEX FIT (STYLIZED), APEX FITNESS GROUP & Design, APEX TRAINING GROUP & Design, APEX FIT (Stylized), APEX LEAN (Stylized); APEX MAX (Stylized), APEX MAX, BCAA RECOVERY, BODYBUGG, BODYBUGGSP, CHANGE A LIFE, ERGOGEN LABS, FITNESS DONE RIGHT, FAMILY FITNESS CENTERS, FIT LITE, FIT:PERKS, FIT4SOY, FUEL STATION, FUEL UP, FITNESS MADE FUN AND EASY FOR EVERYONE, GET IN GET OUT GET FIT, GROUP
Digital Millennium Copyright Act (DMCA) Policy
If you are notifying Dakota Personal Training of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:
• A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
• A description of the allegedly infringing material and information sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
• A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER Dakota Personal Training, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Dakota Personal Training, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disputes
These Terms of Use and your relationship with Dakota Personal Training shall be governed by the laws of the State of California without regard to California’s conflict of law provisions. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Online Services or these Terms of Use, including any tort claim, shall be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you and Dakota Personal Training.com agree that any claim arising out of or related to use of the Online Services or these Terms of Use, including any tort claim, shall be subject to final and binding arbitration submitted solely in the City of San Francisco, California and governed by the Commercial Dispute Resolution Rules of the American Arbitration Association.
International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Dakota Personal Training makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
Contact Information
Our Online Services are offered by Dakota Personal Training, located 118 W 72nd St, New York, NY 10023. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Except as explicitly stated otherwise, any notices shall be given by postal mail to Dakota Personal Training, (in the case of Dakota Personal Training) or by email to the email address you provide to Dakota Personal Training during the registration process (in your case).
Integration and Severability
These Terms of Use constitutes the entire agreement between Dakota Personal Training and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of the Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Headings
Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.
