Exercisereports.com User Agreement
Updated January 22, 2009
Apriori, Inc./Aprioriathletics (AA-ER.COM) welcomes you to Exercisereports.com — an online, web-based service for anyone who can improve their life, fitness and sports performance with exercise, physical training programs, safety promotion and health promotion.
1. Exercisereports.com Terms and Conditions. By visiting, accessing or using any part of Exercisereports.com, I expressly accept, agree to and consent to be bound by the terms and conditions of this Exercisereports.com User Agreement ("Agreement"). If I do not agree to these terms and conditions of use, I will not access or use any portion of Exercisereports.com, and agree that my sole remedy is to discontinue my access to or use of Exercisereports.com.
2. Exercisereports.com Eligibility. I understand that use of Exercisereports.com is limited to individuals who are at least thirteen (13) years of age. I represent and warrant that I am at least thirteen (13) years old.
3. Use Agreement Modifications. Apriori, Inc. (Exercisereports.com) may modify this Agreement at any time. Such modification shall be effective immediately upon either posting of the modified agreement or by notifying me. The most current version of the Exercisereports.com User Agreement may be found at www.exercisereports.com. I agree to review this Agreement periodically to ensure that I am aware of any modifications. My continued access to or use of Exercisereports.com constitutes my conclusive acceptance of the modified agreement.
4. Exercisereports.com Modifications. Apriori, Inc. reserves sole and complete discretion with respect to the operation of Exercisereports.com. Apriori, Inc. reserves the right to modify Exercisereports.com, in whole or in part, at any time for any reason, including but not limited to changes to any features, content, functionality, software or other items used or contained in the site. Apriori, Inc. further reserves the right to suspend Exercisereports.com, including for periodic maintenance, equipment malfunctions or causes beyond the control of Apriori, Inc. At any time Apriori, Inc. further reserves the right to terminate Exercisereports.com. My continued access to or use of Exercisereports.com constitutes my conclusive acceptance of any such modifications. I agree that Apriori, Inc. shall not be liable to me or any other person on my membership for any such modification, suspension or termination of Exercisereports.com.
5. Electronic Communications. When I access or use Exercisereports.com, I understand that I am communicating electronically with Apriori, Inc. I expressly consent to receipt of electronic communications from Apriori, Inc. whether by posting on Exercisereports.com, my personal Exercisereports.com blog residing on another host in corroboration with Apriori, Inc. or by email to an email address associated with my membership. I understand and agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic communications that Apriori, Inc. provides to me satisfies any legal requirement that such communication be in writing.
6. Copyright and Trademarks. I understand that the entire contents of Exercisereports.com are copyrighted under the law as collective work and/or compilation. Apriori, Inc. holds and owns the copyright and all other proprietary and intellectual property rights and title in and to the collective work, including but not limited to the pages, logos, graphics, design, text, sound recordings, images, materials, and content of Exercisereports.com, some of which may be trademarked. Trademarks of products or services mentioned or published in the collective work are the property of the respective owners. I agree that I will not copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from, any of the contents of Exercisereports.com, including any information, products or services, without express written consent from Apriori, Inc. I understand and agree that Exercisereports.com is solely for my personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, I understand that I may download information concerning my own exercise program from Exercisereports.com solely for my personal non-commercial use, including as applicable information concerning my health information, fitness information, calendar, enrollment date, contact information, blog usage, transactions, packages and/or payment accounts. I understand that by posting, submitting, transmitting, emailing, messaging, uploading, sharing, storing or otherwise making available (hereinafter "post" or "posting") any messages, text, files, images, video, photos, sounds, or other materials on or through Exercisereports.com ("User Content"), I am granting Apriori, Inc., its subsidiaries, affiliates, assigns, agents, and licensees the irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content. I further agree that Apriori, Inc. does not need to give me any further right to approve its uses of my User Content.
7. User Content. I agree that all User Content is the sole responsibility of the person from whom it originated. I agree and represent that I will only post User Content that I have created or that I have been granted permission to use, including specifically User Content on Discussion Boards or Forums. Apriori, Inc. is not responsible for any User Content posted on Exercisereports.com, nor does it control the content made available by users of Exercisereports.com. I further understand that Apriori, Inc. makes no representations or warranties concerning any efforts to review or monitor such User Content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading or otherwise objectionable. I acknowledge that, while Apriori, Inc. does not pre-approve or pre-screen User Content, Apriori, Inc. has the right, in its sole discretion, to review User Content, and disable, remove, or delete any User Content that violates this Agreement, that may infringe a copyright or for any other reason. I further agree that Apriori, Inc. shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with my use of, or my reliance upon, any such User Content.
8. Copyright Infringement Notification. Pursuant to the Digital Millennium Copyright Act ("DMCA"), Apriori, Inc. has designated an agent ("Copyright Agent") to receive notices of claimed copyright infringement. If I (or an agent authorized to act on my behalf) believe in good faith that my work is on Exercisereports.com in a way that constitutes copyright infringement, please provide written notice to Apriori, Inc. Copyright Agent by email to email@example.com or by mail to Apriori, Inc., 126 East Wing Street, Arlington Heights, IL 60004 Attn: Copyright Agent with the following information: (a) a physical or electronic signature of a person authorized to act on the copyright owner’s behalf; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the copyrighted work is located on Exercisereports.com, including if possible a URL; (d) your address, telephone number and email address; (e) a statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent or the law; and (f) a statement, 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. In accordance with the DMCA, Apriori, Inc. may delete, remove or disable any infringing work, and may forward to the alleged infringer your written notice and its own notice that the work has been deleted, removed or disabled. Apriori, Inc. reserves the right to terminate members who have posted infringing work.
9. Equipment. I agree that I am solely responsible for purchasing, maintaining, and ensuring all equipment, programs and services necessary for, and compatible with, my access to and use of Exercisereports.com, including but not limited to hardware and software; electrical, telecommunications and Internet access connections and links; and web browsers.
10. Passwords and Security. I understand that I must register for Exercisereports.com by creating a username and a password in order to access and use Exercisereports.com. I agree to maintain the security, confidentiality and integrity of my username, password, and any other security measures employed on Exercisereports.com. I am responsible for all access to and use of Exercisereports.com (including all financial transactions) under my username and password, including but not limited to access or use by any partner or secondary member whether or not authorized by me. I agree to immediately notify Apriori, Inc. of any breach of security, including but not limited to unauthorized use of my username or password, and to immediately take all reasonable steps to prevent its further occurrence, including but not limited to changing my password.
11. Accuracy of My Personal Information. I represent and warrant that all information that I provide to Apriori, Inc. through Exercisereports.com is current, accurate, complete and truthful, including but not limited to all initial or updated registration or membership information, including the legal name, street address, email address, telephone number, and financial transaction account information related to me or anyone on my membership. I further specifically represent and warrant that I am an authorized account holder of any financial transaction account which I provide to Apriori, Inc. through Exercisereports.com for payment of online subscription fees or other transactions.
12. Health Information. Exercisereports.com contains information about leading a healthy way of life, including information on sports, medicine, human performance, health, wellness, human factors, safety and fitness issues. I understand that such information should not be considered complete, nor is it intended to represent medical diagnosis, medical treatment or be used in place of consultation with or advice from your healthcare professionals. I understand that I should consult my physician or healthcare professional before beginning or altering my personal exercise, diet or nutritional supplement program. Any health information I post on the Discussion Board or Forum is potentially viewable by all users of Exercisereports.com. You understand that private information that you post on your own personal blog (even if it is set to private mode) is potentially viewable if your blog is viewed or edited on a public computer or if you leave the public computer without logging off of your blog.
13. Termination of My Use of Exercisereports.com. Apriori, Inc. may block, restrict, disable, suspend or terminate my access to or use of all or any parts of Exercisereports.com without prior notice or liability to me.
14. Inappropriate Use of Exercisereports.com. I agree that I will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content:
that is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another’s privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper in the judgment of Apriori, Inc.;
that is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability or religion;
that violates any contract or agreement I have with Apriori, Inc., including but not limited to my Subscription Usage Agreement, General Terms Agreement, or Membership Application and Agreement;
that includes personal or identifying information about another person without that person’s affirmative consent;
that is false, fraudulent, misleading, misinformative, or deceptive;
that constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including but not limited messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or ponzi schemes; and
that may interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of Exercisereports.com, including but not limited to User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
15. Third Party Content. Exercisereports.com may include links to, or content from, third-party websites or resources ("Third Party Content"). I understand and agree that Apriori, Inc. has no control over, does not endorse, and is not responsible or liable for such Third Party Content. I further understand that Apriori, Inc. makes no representations concerning any efforts to review such Third Party Content, including the extent to which it may be considered or construed as inappropriate, inaccurate, offensive, misleading or otherwise objectionable. I further agree that Apriori, Inc. shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Third Party Content.
17. ASSUMPTION OF RISK AND WAIVER OF LIABLITY. I EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT IN ACCESSING AND USING EXERCISEREPORTS.COM, INCLUDING BUT NOT LIMITED TO LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. I EXPRESSLY ASSUME THESE RISKS, AGREE TO ACCESS AND USE EXERCISEREPORTS.COM AT MY OWN RISK, AND AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST APRIORI, INC., AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF MINORS ON MY MEMBERSHIP) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY ME OR ANY PERSON ON MY MEMBERSHIP CAUSED AS A RESULT OF NEGLIGENCE BY APRIORI, INC.
18. DISCLAIMER OF WARRANTIES. I EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT I AM ACCESSING EXERCISEREPORTS.COM ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. APRIORI, INC. IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADAQUACIES IN THE CONTENT OF, EXERCISEREPORTS.COM OR ANY PARTICULAR FEATURES OR SERVICES OFFERED THEREIN. APRIORI, INC. DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON EXERCISEREPORTS.COM OR THE ERROR-FREE USE OF EXERCISEREPORTS.COM. APRIORI, INC. IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF EXERCISEREPORTS.COM. APRIORI, INC. IS PROVIDING EXERCISEREPORTS.COM WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION. I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS APRIORI, INC., AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FROM ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, DUE TO OR ARISING OUT OF MY USE OF EXERCISEREPORTS.COM, MY INABILITY TO USE OR MALFUNCTIONS OF EXERCISEREPORTS.COM, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO EXERCISEREPORTS.COM, OR ANY OTHER MATTERS RELATING TO MY USE OF EXERCISEREPORTS.COM.
20. LIMITATION OF LIABILITY. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, I EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL APRIORI, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO ME OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APRIORI, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM MY ACCESS TO OR USE OF EXERCISEREPORTS.COM, MY INABILITY TO USE OR MALFUNCTIONS OF EXERCISEREPORTS.COM, STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO EXERCISEREPORTS.COM, OR ANY OTHER MATTERS RELATING TO MY USE OF EXERCISEREPORTS.COM.
21. Other. To the extent that any part of the terms and conditions in this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement shall remain in full force and effect. I agree that the failure of Apriori, Inc. to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.
I HAVE READ, UNDERSTAND AND VOLUNTARILY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS USE AGREEMENT.