Terms

MEMBERSHIP AGREEMENT

Membership fees are not refundable. Memberships are not transferable and only you are authorized to use this membership. Only registered Functional Athletics members have permission to view and print any and all of the information provided within the Functional Athletics website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of Functional Athletics. You may cancel your membership at any time (but no refund will be provided on programs already purchased). Your membership will automatically renew until Functional Athletics receives cancellation notice from you. Automatic renewal dates are based on the date that you provide payment.

Functional Athletics members will receive a password that provides access to Members Only areas of the website. The Functional Athletics membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password is violating the conditions of this agreement. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.

Please read this agreement ("Agreement") carefully before accessing or using the Functional Athletics Web site at www.Functional-Athletics.com (the "Site"). By accessing or using the Site, You agree to be bound by this Agreement. Functional Athletics ("Functional Athletics" or "We") provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.

The information and services offered on the Site are provided with the understanding that neither Functional Athletics nor its representatives are engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site and to the terms and conditions of the Trainer Limitation of Liability Agreement discussed below.

Functional Athletics and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Functional Athletics strives to keep the information on this Site accurate, complete and up-to-date, Functional Athletics and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Functional Athletics may decline to provide you services in our sole discretion.

At Functional Athletics ("Functional Athletics" or "We"), user privacy is an important concern. We are committed privacy and security, and to providing the best possible user experience for our users and online customers ("You"). We also strive to protect the personal and confidential information of those who use our on-line services. Click here for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.

LIABILITY RELEASE AGREEMENT

The services provided by Functional Athletics may involve certain risks to participants. Click here to read our Trainer Liability Release Agreement. You hereby agree to all terms, conditions and notices contained in that agreement.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

We may provide services and information related to personal training services (the "Services"). Functional Athletics grants You access to the Site during the term of this agreement solely to receive the Services and related information on the Site. You may access, download print, copy and distribute and modify materials as necessary to receive the Services. You may not license, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password

protected, secure or non-public areas of the Web site without our prior written permission You will comply with all privacy laws. You may not engage in the practices of screen scraping, data mining or any other bulk information gathering in connection with the Web site.

PROPRIETARY RIGHTS

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to Functional Athletics. No reproduction, distribution, or transmission of the copyrighted materials at this Site is

permitted without the prior written permission of Functional Athletics.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Site is terminated, you will (i) immediately notify Functional Athletics, (ii) cease using the Site and any information obtained from the site, and (iii) destroy all copies of your account information, password and any information obtained from the Site.

Functional Athletics reserves the right to deny services to anyone.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to Functional Athletics that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.

You may not, without the prior written permission of Functional Athletics, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

FUNCTIONAL ATHLETICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNCTIONAL ATHLETICS SHALL NOT BE LIABLE FOR ANY DIRECT,

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.

LINKS TO THIRD PARTY SITES

This Site may contain hyperlinks to web sites operated by parties other than Functional Athletics, or its affiliates. Such hyperlinks are provided for your reference only. Functional Athletics does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by Functional Athletics to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the Functional Athletics privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.

USE OF SUBMISSIONS

You grant us the right to use, reproduce, modify, distribute, and display any material, including your testimonials, that you supply or communicate to the Site for any purpose related to the Site and the performance of the Services. You agree to indemnify, defend, and hold harmless Functional Athletics from any and all liabilities, claims and damages, including claims of patent, copyright, trademark and trade secret infringement, relating to any submissions that you provide to Functional Athletics, including, without limitation, any files or other intellectual property, your client information and information you provide with respect to websites created for you on Functional Athletics.com.

CHANGES TO SITE

Functional Athletics may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. Functional Athletics may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

MISCELLANEOUS

Functional Athletics and other logos, product and service names are trademarks and service marks owned by or licensed to Functional Athletics or its affiliates (the "Marks"). Without the prior written permission of Functional Athletics, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.