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FITREX.COM SUBSCRIBER AGREEMENT 1. GENERAL CONDITIONS OF USE. 1.1 Welcome to training.strengthengine.com's on-line services (the "Services")! You must agree to abide by all the terms and conditions of this Subscriber Agreement (the "Agreement") to use training.strengthengine.com Services and to remain an authorized user of the Services. The Services consist of fitness programs, information libraries and other computer services, including, but not limited to, fitness programs tailored to your specific attributes. 1.2 We will provide you with notice regarding any changes we may make in the Services by posting the change on the Service's web page or sending the changes to the e-mail address you provide us at the time of subscribing. You agree to use the Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement. 1.3 WE MAY MODIFY THE TERMS OF THIS AGREEMENT AT ANY TIME, IN OUR DISCRETION. WE WILL PROVIDE YOU WITH NOTICE OF THESE CHANGES EITHER THROUGH A MESSAGE ON THE SERVICE'S WEB PAGE OR VIA E-MAIL TO THE ELECTRONIC MAIL ADDRESS YOU PROVIDE US AT THE TIME YOU SUBSCRIBE FOR THE SERVICES. YOUR CONTINUED USE OF THE SERVICES FOLLOWING OUR NOTICE TO YOU OF ANY CHANGES IN THE AGREEMENT WILL CONSTITUTE YOUR UNCONDITIONAL ACCEPTANCE OF THE CHANGES. 1.4 This Agreement will be governed and construed in accordance with the laws of the State of Arizona. For the purposes of this Agreement, each of us submits to the jurisdiction of the state courts of Arizona or the United States District Court located in Arizona, and we each agree that all suits, actions and proceedings brought by either of us shall be brought only in such courts. Each of us irrevocably waives, to the fullest extent permitted by law, any objection which either of us may now, or at any time in the future, have to the venue of any suit, action or proceeding in such courts, on the basis that any claim or suit, action or proceeding has been brought in an inconvenient forum. 2. REGISTRATION AND SECURITY. 2.1 You must be 13 years or older to subscribe to the Services. If you are between the ages of 13-18, you must obtain parental or guardian consent to subscribe to the Services. As part of the registration process, you will select a login name and password. You will provide us with accurate, complete and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not select or use a screen name of another person with the intent to impersonate that person or use a screen name that training.strengthengine.com, in its discretion, deems offensive. 2.2 If at any time you suspect unauthorized use of your account and/or your training.strengthengine.com member login and password, please notify us at SUPPORT@FITREX.COM. However, you are solely responsible for maintaining the confidentiality of your password. 2.3 training.strengthengine.com takes your security very seriously. We use the strongest encryption available to protect your personal data. Your personal data is encrypted in transit to our server using Secure Sockets Layer (SSL), the industry standard for secure Internet transactions. This is accomplished by using a Thawte public-key certificate. Credit card information is immediately transmitted to CyberCash using their networking software, which uses Triple Data Encryption Standard (Triple DES) encryption. Triple DES encryption is based on the U.S. Government's encryption standard and is many time stronger than SSL. Your personal information is never transmitted "in the clear" at any point during your interaction with training.strengthengine.com. However, we do not totally guarantee your on-line privacy. You may learn more about Thawte server certificates by visiting WWW.THAWTE.COM. 3. COMMUNICATIONS BETWEEN FITREX.COM AND YOU. Unless you indicate otherwise by providing notice to us at SUPPORT@FITREX.COM, FITREX.COM, LLC, its members, managers, agents and assigns reserve the right to send electronic mail to you to inform you of any changes or additions to the Services, or any training.strengthengine.com related products and services we may offer in the future. 4. SOFTWARE. We grant you a personal, non-exclusive, and non-transferable license to use and to display our fitness programs on any machine of which you are the primary user. The fitness programs, related documentation, Services, products and any enhancements or modifications thereto, are our exclusive property. You may not copy, distribute, modify, reverse engineer or create derivative works from our web site or fitness programs, or any enhancements or modifications to it. You may not sublicense, sell or assign this license or the fitness programs. Any attempt to sublicense, transfer, sell or assign the license is void. You may download, print or copy the Services and fitness programs for personal, non-commercial use only, provided you maintain all trademark notices placed on the Services. 5. ACCESS AND AVAILABILITY OF THE SERVICE AND LINKS. The training.strengthengine.com web site may contain links to other related World-Wide Web Internet sites, resources and sponsors, if applicable. Since we are not responsible for the availability of these outside sources, or their contents, you should direct any concerns regarding any external link to its particular site administrator or Webmaster. 6. TRADEMARKS. The training.strengthengine.com name and logo are trademarks of training.strengthengine.com, LLC. If at any time in the future other trademarked names appear on the Services, these names will belong to their respective owners as indicated. 7. TERMINATION. You may terminate your membership with us at any time by sending e-mail to SUPPORT@strengthengine.com. Upon termination, you will receive a confirmation via e-mail that the request was received, and your access will be suspended within the following 24 hours. As stated in Section 3, you are responsible for all charges incurred up to the time the account is de-activated. Upon member cancellation, program billing will be suspended as of the next billing cycle. Note: Fees prepaid for a program of a specific duration will not be refunded. 8. DISCLAIMER OF LIABILITY. 8.1 Your use of the Services is entirely at your own risk. Our Services are provided "as is" without warranty of any kind, either express or implied, including, without limitation, any warranty of or for merchantability or fitness for a particular purpose, for information, uninterrupted access, services or products provided through or in connection with the Services and the results you may achieve through use of the Services. In no event will training.strengthengine.com, LLC, its members, managers, agents or assigns be liable for lost profits or any consequential, special, incidental, direct or indirect damages, however caused and on any theory of liability, including, but not limited to, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of unauthorized access to, alternation of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action arising out of this Agreement. 8.2 We strongly urge you to consult with your physician before starting any fitness or diet plan which is part of the Services. If you have any health concerns, your use of this program may result in a worsened condition if not carefully monitored by your healthcare provider. 8.3 Do not discontinue any medication you are currently using to begin any fitness/diet plan offered as part of the Services without first obtaining the permission of your physician. If at any time you experience any pain, discomfort, dizziness and/or change in appetite or other symptoms, contact your physician immediately. 8.4 training.strengthengine.com is not undertaking to treat any disease or physical or mental condition. The fitness plans are being offered for use without our diagnosis of any specific condition. All subscribers to our Services, especially those interested in using our fitness programs, are strongly encouraged to consult with a physician prior to beginning a program, whether or not they are experiencing physical ailments. 8.5 You agree to indemnify and hold training.strengthengine.com, LLC, its members, managers, agents and assignees harmless from and against any claim, loss, cost, damage or expense (including, without limitation, reasonable court costs and attorneys' fees paid or incurred by training.strengthengine.com in the defense of any claim) relating in any way to the use or application of the Services or the Fitness programs by you or anyone who has gained access to your training.strengthengine.com account, either with or without your permission. If we receive notice of a claim asserted by any third party or the commencement of an action by any third person, with respect to which you may be obligated to provide us with indemnification, we will provide you with notice of any such claim or action. 9. NOTICE. We may give you notice of any changes to our Fitness programs, this Agreement, or trademarks, for example, by means of a general notice posted on the Services, transmission of e-mail to your e-mail address on record which you provide to us as part of your registration for the Services, or by postal mail to your address on record in our subscriber membership profile. All official correspondence you send to us must be sent by either e-mail or postal mail as follows: E-mail to: Support@strengthengine.com U.S. Postal Mail to: training.strengthengine.com, LLC 6849 E. Opatas St. Tucson, AZ 85715 (520) 750-9600 10. GENERAL. 10.1 This Agreement constitutes the entire agreement between us with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between us. The terms and conditions of the Agreement will automatically apply to all transactions you may make regarding this Agreement. 10.2 In the event any term or provision of the Agreement or any modification we may make, in our discretion, should to any extent be held illegal, invalid or unenforceable as a matter of law, the remaining terms and provisions of this Agreement will not be affected, and each applicable term and provision shall be valid and remain in full force and effect. Trademark 1999 training.strengthengine.com, LLC. All rights reserved. Do not duplicate or redistribute in any form. Use of this site signifies your acceptance of the terms of the Subscriber Agreement. Last updated 15 September, 1999.
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