PTmaestro.com is a service for personal trainers to manage their clients, log client workouts and track payments . This service is provided by Precise Computing and Networking Services in connection with our partners, service providers, licensees, sponsors, and other affiliates. /p>
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
2. ACCESS TO THIS SITE. To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time. (access to any services without registration)?
3. APPLICABLE USE OF SITE. You may use this Site only for purposes expressly permitted by this Agreement. As a condition of your use of Company's Websites, you warrant to Company that you will not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices. In addition, the Website has the right to delete any piece of content or material, comment, as well as any topic or profile that the Website finds objectionable, in its reasonable discretion. If you become aware of any unauthorized use of your credentials to access this Website, then you must notify the Company at: email@example.com
4. NO MEDICAL ADVICE. PTmaestro provides the Services for you to log, manage, and share your workouts and physical fitness activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. The Company and its owners, principals, and managers are not licensed medical professionals, and we are not in the business of providing medical advice. Moreover, no medical professionals have been consulted in the creation, operation, or offering of these Services. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. YOUR USE OF THE WEBSITE OR THE MOBILE APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND PTMAESTRO.
6. NO UNLAWFUL ACCESS. You agree that you will not use Company's Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party's use and enjoyment of the Websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Websites.
7. PAID MEMBERSHIP. Exhibit A below is fully incorporated into this Agreement.
8. PROPRIETARY INFORMATION. All content found on the Company Websites (the "Content") is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of the Content for your personal use only. 10. SUBMISSIONS. You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Company through this Site (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
11. HYPERLINKING. This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Website to another web page should be accessed at the User's own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
12. USE OF COMMUNICATION SERVICES. Company's Websites may contain forums, bulletin board services, chat areas, health data sharing features, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that: (i) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity); (ii) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation; (iii) is vulgar, obscene, pornographic, incendiary, or indecent; (iv) threatens or abuses others; (v) is libelous or defamatory towards others; (vi) is racist, abusive, harassing, threatening or offensive; (vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information; (viii) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance; (ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content; (x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices); (xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site; (xii) solicits funds, advertisers or sponsors for any purpose; (xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device; (xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site; (xv) involve soliciting for any multi-level marketing company/products, or amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys; (xvi) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or (xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section. You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
You acknowledge that the Website may or may not pre-screen materials uploaded to the Communication Service, yet the Website and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Website in its sole discretion.
The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Website will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE THE WEBSITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE WEBSITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE WEBSITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
14. DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
16. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Company Websites will be free of viruses, worms, Trojan horses, malware, spyware, bots, bugs, ransomware, rootkits, worms, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Website. Company further disclaims any responsibility to ensure that the Content located on its Websites is necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” INCLUDING GUARANTIES OF UP-TIME AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE AND EVEN IF SUCH DAMAGES WERE CAUSED BY GROSS NEGLIGENCE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $250 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. IN CONSIDERATION FOR USING SERVICES AT LISTED PRICES, ALL CLAIMS MADE BY YOU RELATED TO OR ARISING OUT OF THIS AGREEMENT MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED. IF YOU WISH TO REMOVE THIS LIMITATION AND USE STATUTORY DEFAULTS, THEN YOU ARE RESPONSIBLE FOR CONTACTING COMPANY TO OBTAIN A SEPARATE AGREEMENT THAT MUST BE EXECUTED BY BOTH PARTIES AND WILL REQUIRE AN ADDITIONAL PAYMENT OF 20% PER PAYMENT PERIOD REPRESENTING THE FULL RETAIL PRICE OF THE SERVICES.
18. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party. All contents of Company's Websites are © 2018 Precise Computing and Networking Services
19. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent NAME c/o PTmaestro.com at firstname.lastname@example.org all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following: i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; ii. A description of the copyrighted work that you claim has been infringed upon; iii. A description of where the material that you claim is infringing is located on the Site, including the current Website address; iv. Your address, telephone number, and e-mail address; v. A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law; vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
21. DISPUTES. This Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its rules pertaining to conflicts of laws thereunder. The Parties submit to the personal jurisdiction of, and agree that the sole, exclusive, and mandatory venue involving any legal proceeding arising out of or relating to this Agreement or the Website is Pinellas County in state court in and for the Sixth Judicial Circuit of Florida. Notwithstanding anything to the contrary, should federal jurisdiction be mandatory, the sole, exclusive, and mandatory venue involving any legal proceeding arising out of or relating to this Agreement or the Website is the United States Court for the Middle District of Florida located in Hillsborough County, Florida.
22. THIRD-PARTY BRANDING, WHITE LABEL, ASSIGNMENT. This Website and any of its Services may be provided through a third-party licensee. In such circumstances, the Website and Services may be branded with the identity of the third-party licensee. In such case, the third-party licensee is fully and completely responsible to You for all claims, liabilities, damages, losses (physical or data), and down-time. If third-party licensee offers the Website and any of its Services without branding of third-party licensee or to such an extent that the Company is still clearly understood to be provider of services, then this Agreement shall control and supersede for all matters. Notwithstanding anything to the contrary in this Agreement, in no event will the collective liability of Company, regardless of any form of action (whether in contract, tort, or otherwise), exceed $500.
Please report any violations of this Agreement to the Company CONTACT INFO. If you have any questions regarding this Agreement, please contact us at email@example.com.
PTmaestro Paid Membership Termination. You may terminate this Agreement at any time by canceling your subscription through your accounts settings page. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT NOR FOR ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR SERVICE AND THIS AGREEMENT. YOU MAY CONFIRM TERMINATION, BY CONTACTING US AT firstname.lastname@example.org.
We may terminate this Agreement, disable your account, or suspend your account by putting it on inactive status, in each case at any time with reasonable cause as determined in our sole discretion as or violation to these terms of service agreement as determined in our sole discretion, and with or without notice. We shall have no liability to you or any third party because of such termination or action. If we terminate, disable, or suspend your account, you will not be charged for all future Billing Periods (as defined below) for as long as the account is terminated, disabled, or suspended.
Monthly and Annual Billing Periods (collectively, “Billing Period”)
a. Fees for the PTmaestro Paid Membership monthly service. If you opt to sign up for the PTmaestro Paid Membership service monthly subscription, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the "Fee Schedule"). You will be required to submit payment in advance for access to the PTmaestro Paid Membership service. Access to the PTmaestro Paid Membership service will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the PTmaestro Paid Membership service.
b. Fees for the PTmaestro Paid Membership annual service. If you opt to sign up for the PTmaestro Paid
Membership service annual subscription plan you will be subject to annual subscription fees in
accordance with the Fee Schedule and related information (the "Fee Schedule"). You will be required
to submit payment annually in advance for access to the PTmaestro Paid Membership service. Access
to the PTmaestro Paid Membership service will be disabled until payment is received. Fees will be
billed annually on an ongoing and recurring basis even if you are not actively using the PTmaestro
Paid Membership service.
Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule. At any time and in our sole discretion, we may discontinue any discounts applied to your account and cancel any distributed discount codes. Payment. Payment for the PTmaestro Paid Membership service will be made by a valid credit card through Stripe.com or Paypal® accounts accepted by us. Fees are payable in U.S. dollars. You hereby authorize us to charge your credit card for such amounts on a regular monthly or yearly basis beginning at the beginning of your subscription and continuing until such time as your account is terminated. If we are for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and your subscription will be disabled until payment is received. Amounts paid for the PTmaestro Paid Membership service, including prepayments, are not refundable.
Fee Schedule. Your Fee Schedule is located in the Subscriptions tab in the account settings under "billing dates." The Fee Schedule displays the estimated next billing date and amount for your service will be displayed.