BetterU, Inc. , your
privacy is important to us. All personal information
will be held in the strictest confidence. Your name
or e-mail address will not be sold to any bulk mailing
lists. You may choose to opt out of the BetterU,
Inc. e-mail newsletter
at any time by requesting to do so via e-mail.
BetterU, Inc. collects
personally identifiable information when you buy
training programs from BetterU, Inc.
including: name, email and other optional information
from which your identity may be reasonably ascertained.
The personal information collected from Clients
during the registration process is used to manage
each Client's account (i.e. setup of services).
Inc. also automatically
receives and records information on our server logs
from your browser including, but not limited to,
your IP address, page that you requested, and your
personal information is held in the strictest confidence
and will not be sold or distributed without express
consent by you.
FITNESS-EBOOKS.COM, a Web site (sometimes hereafter
the Site) owned and operated by BetterU,
Inc. (hereafter a.k.a. FITNESS-EBOOKS.COM),
provides Internet-based fitness and health information
and personal training services to the fitness consumer.
the FITNESS-EBOOKS.COM Site. By using this Site,
you acknowledge your agreement to these Terms of
Use. Please read these Terms carefully. If you do
please do not use this Site.
at the FITNESS-EBOOKS.COM Site because your continued
usage of the Site will mean you accept those changes.
Please check these areas before using FITNESS-EBOOKS.COM
to determine whether a change has been made to these
your use of FITNESS-EBOOKS.COM immediately (1) by
notifying FITNESS-EBOOKS.COM of your unwillingness
(2) by discontinuing your use of FITNESS-EBOOKS.COM.
FITNESS-EBOOKS.COM may supplement these Terms of
Use with additional terms pertaining to specific
content or events, ("Additional Terms"),
which Additional Terms may be placed on FITNESS-EBOOKS.COM
to be viewed in connection with the specific content
or events and shall be identified as such. You understand
and agree that such Additional Terms are hereby
Disclaimer of Warranties and Consequential Damages
Neither BetterU, Inc. nor FITNESS-EBOOKS.COM recommends
or endorses any specific test, products, or procedures
that may be mentioned on the Site. FITNESS-EBOOKS.COM
does not assume any liability for the contents of
any material provided on the Site. Reliance on any
information provided by FITNESS-EBOOKS.COM, its
Personal Trainers, or other visitors to the Site
is solely at your own risk. FITNESS-EBOOKS.COM assumes
no liability or responsibility for damage or injury
to persons or property arising from any use of any
product, information, idea, or instruction contained
in the materials provided to you. FITNESS-EBOOKS.COM
reserves the right to change or discontinue at any
time any aspect or feature of this Site.
its licensors, and its suppliers make no representation
or warranties about the accuracy, reliability, completeness,
currency or timeliness of the content, software,
text, graphics, links, or communication provided
on or through the use of the FITNESS-EBOOKS.COM
Site or other BetterU, Inc. information. FITNESS-EBOOKS.COM,
its licensors, and its suppliers do not make any
warranty that the content contained on the FITNESS-EBOOKS.COM
Site satisfies government regulations requiring
disclosure of information on supplements and/or
prescription drug products.
You acknowledge that in connection with the Site,
information will be transmitted over local exchange,
inter-exchange and Internet backbone carrier lines
and through routers, switches and other devices
owned, maintained and serviced by third party local
exchange and long distance carriers, utilities,
Internet service providers and others, all of which
are beyond the control of FITNESS-EBOOKS.COM and
its suppliers. Accordingly, FITNESS-EBOOKS.COM assumes
no liability for correlating to the delay, failure,
interruption or corruption of any data or other
information transmitted in connection with use of
EXPRESSLY AGREE THAT USE OF FITNESS-EBOOKS.COM IS
AT YOUR SOLE RISK. FITNESS-EBOOKS.COM IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS. FITNESS-EBOOKS.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR COURSE OF DEALINGS OR COURSE OF PERFORMANCE.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF THE
IMPLIED WARRANTIES, AND TO THAT EXTENT ONLY, THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INC. MAKES NO WARRANTY THAT FITNESS-EBOOKS.COM WILL
MEET YOUR REQUIREMENTS, OR THAT FITNESS-EBOOKS.COM
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE. BETTERU, INC. DOES NOT GUARANTEE THE ACCURACY
OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED
IN CONNECTION WITH FITNESS-EBOOKS.COM. FITNESS-EBOOKS.COM
IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN
OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH
INFORMATION. THE INFORMATION IS PROVIDED WITH THE
UNDERSTANDING THAT NEITHER FITNESS-EBOOKS.COM NOR
ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING
IN FITNESS-EBOOKS.COM, ARE ENGAGED IN RENDERING
LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL
SERVICES OR ADVICE. BETTERU, INC. ENCOURAGES YOU
TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE
FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
BETTERU, INC. NOR FITNESS-EBOOKS.COM SHALL BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE
BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION
OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS
SITE. YOUR PARTICIPATION IN FITNESS-EBOOKS.COM IS
SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FITNESS-EBOOKS.COM
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH FITNESS-EBOOKS.COM
OR ANY TRANSACTIONS ENTERED INTO THROUGH FITNESS-EBOOKS.COM.
to Other Web Sites
Site contains links with other web sites on the
Internet that are owned and operated by third party
merchants, organizations, advertisers and other
third parties. This Site may also contain advertisements
and promotional material of such vendors, advertisers
and other third parties. Some or all of the web
sites listed as links herein are not under the control
of FITNESS-EBOOKS.COM, but rather are exclusively
controlled by third parties. Accordingly, FITNESS-EBOOKS.COM
makes no representation or warranty as to the content,
statements, representations, warranties or other
information contained in such links, such other
web sites or such advertisements or promotional
materials, and it makes no representation or warranty
as to the creditworthiness or reputation of any
such third party whatsoever concerning such web
while FITNESS-EBOOKS.COM may provide a link to a
third party, such a link is not an authorization,
endorsement or sponsorship by FITNESS-EBOOKS.COM
with respect to such web site, its owners or its
providers. FITNESS-EBOOKS.COM has no actual knowledge
of any illegal, fraudulent, defamatory, slanderous
or obscene matters or activities relating to, or
being effected through, or in connection with such
links, other web sites, advertisements or promotional
material FITNESS-EBOOKS.COM has not tested any information,
products or software found on such web sites and
cannot make any representation whatsoever with respect
thereto, nor is it FITNESS-EBOOKS.COMs obligation
to perform an independent investigation of any such
web sites. The content of, and the statements and
opinions expressed by and through, those web sites
linked to this Site do not necessarily reflect the
values, statements and opinions of FITNESS-EBOOKS.COM
and its electronic connection to such third parties
or their electronic connection to FITNESS-EBOOKS.COM
does not constitute, and should not be construed
as, its endorsement or support of such content,
statements or opinions.
it is your responsibility to take precautions to
ensure that whatever you select is free of such
items as viruses, worms, Trojan horses and other
items of a destructive nature.
NO EVENT WILL BETTERU, INC. OR FITNESS-EBOOKS.COM
BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, ON ANY LEGAL
THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION
WITH ANY USE OF THE SITE, OR ANY OTHER HYPER LINKED
WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR OTHER DAMAGE TO YOUR INFORMATION HANDLING SYSTEM
OR OTHERWISE, EVEN IF FITNESS-EBOOKS.COM IS EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Site is designed primarily as a fitness educational
resource and is provided for informational purposes
only. The content is not intended in any way to
be a substitute for professional medical advice.
Always seek the advice of your physician or other
qualified health care provider with any questions
you may have regarding a medical condition. Neither
the content nor any other service offered by or
through the Site is intended to be relied upon for
medical diagnosis or treatment. Never disregard
medical advice or delay in seeking it because of
something you have read on the Site.
Site should not be considered inclusive of all proper
treatments, procedures and tests or exclusive of
other treatments, procedures and tests that are
reasonably directed towards obtaining successful
weight management or health or fitness.
reserves the right to perform statistical analyses
and profiling of member and other user behavior
and characteristics in order to measure interest
in and use of the various areas of the Site and
to inform advertisers of such information. FITNESS-EBOOKS.COM
will provide only aggregate data from these analyses
to third parties; no personally identifiable information
will be disclosed.
no circumstances should this Site or any of the
fax numbers or mailing addresses on this Site be
used to send FITNESS-EBOOKS.COM confidential or
proprietary information. Data which is not personal,
including questions, comments, ideas and suggestions,
shall be deemed to be non-confidential and FITNESS-EBOOKS.COM
shall be free to disclose and use the same for any
purpose, and through any means, without any obligation
whatsoever to you. FITNESS-EBOOKS.COM specifically
prohibits the use of this Internet site for the
purpose of violating laws, engaging in business
disparagement or defamation, or discriminating or
harassing any person.
the foregoing, in any event subscribers and visitors
should be aware that when you voluntarily disclose
personally identifiable information (for example,
user name, e-mail address) on the bulletin boards
or chat areas of FITNESS-EBOOKS.COM, that information,
along with any substantive information disclosed
in the subscriber's or user's communication, can
be collected and correlated and used by third parties
and may result in unsolicited messages from third
parties. Such activities are beyond the control
of FITNESS-EBOOKS.COM. FITNESS-EBOOKS.COM makes
no warranties about the discoverability of members'
identity by methods beyond our control.
FITNESS-EBOOKS.COM does not knowingly operate a
"web site or online service directed to children"
as defined in the Children's Online Privacy Protection
Act (15 U.S.C. § 6501 et seq.).
Use of Content
authorizes you to view or download a single copy
of the material on this Site solely for your personal,
noncommercial use (the Content). The
further copying, redistribution or publication of
any part of this Site is prohibited. Special rules
may apply to the use of certain software and other
items provided on the Site. Any such special rules
are listed as "Legal Notices" The legal
notices and are incorporated into these Terms of
Use by reference.
may not sell or modify the Content or reproduce,
display, publicly perform, distribute or otherwise
use the Content in any way for any public or commercial
purpose. The use of the content on any other Web
site or in a networked computer environment for
any purpose is prohibited. Content is subject to
change without notice at the editorial discretion
of FITNESS-EBOOKS.COM. If you violate any of these
automatically terminates and you must immediately
destroy any copies you have made of any portion
of the Content. For information obtained from FITNESS-EBOOKS.COM's
licensors, you are solely responsible for compliance
with any copyright, trademark and other proprietary
rights and restrictions and are referred to the
publication data appearing in bibliographic citations,
as well as to the notices appearing in the original
Property Rights Reserved
All information provided by FITNESS-EBOOKS.COM in
any form, is proprietary to FITNESS-EBOOKS.COM and
is protected by U.S. and foreign laws and international
treaties governing intellectual property. All such
information published by FITNESS-EBOOKS.COM or presented
by its employees, agents or consultants is copyright
protected. Since a copyright notice is no longer
required by law, the omission of the copyright notice
by FITNESS-EBOOKS.COM does not invalidate copyright
protection, and it does not indicate that BetterU,
Inc, authorizes the reproduction of such proprietary
of the Content may be reverse-engineered, disassembled,
decompiled, reproduced, transcribed, stored in a
retrieval system, translated into any language or
computer language, retransmitted in any form or
by any means (electronic, mechanical, photo reproduction,
recordation or otherwise), resold or redistributed
without the prior written consent of FITNESS-EBOOKS.COM,
except that you may reproduce limited excerpts of
the data for personal use only, provided that each
such copy contains a copyright notice as follows:
Copyright © 2006 BetterU, Inc. All rights reserved.
Except to the extent expressly provided for elsewhere
in this Section Three, this Site does not confer
and shall not be considered as conferring upon anyone
any license under any of BetterU, Inc, or FITNESS-EBOOKS.COMs
or any third party's intellectual property rights.
conflicts with the law under which the Terms of
Use are to be construed or if any such provisions
are held invalid by a court with jurisdiction over
will be deemed to be restated to reflect as nearly
as possible the original intentions of the parties
in accordance with applicable law, and the remainder
failure of either party to insist upon or enforce
strict performance by the other party of any provision
or relinquishment to any extent of such party's
right to assert or rely upon any such provision
or right in that or any other instance, rather,
the same will be and remain in full force and effect.
deemed a further or continuing waiver of such term
or condition or any other term or condition.
may assign its rights and obligations under these
may be relieved of any further obligation hereunder.
represent to BetterU, Inc. that you have the authority
to register with FITNESS-EBOOKS.COM according to
agree to defend, indemnify and hold BetterU, Inc.
and FITNESS-EBOOKS.COM, its officers, directors,
employees, agents, licensors and suppliers, harmless
from and against any claims, actions or demands,
liabilities and settlements including without limitation,
reasonable legal and accounting fees, resulting
from, or alleged to result from, your use of the
content (including software), or the Interactive
Areas in a manner that violates or is alleged to
provide notice to you promptly of any such claim,
suit, or proceeding and shall reasonably cooperate
with you, at your expense, in your defense of any
such claim, suit or proceeding.
and Choice of Law
FITNESS-EBOOKS.COM is based in Illinois, in the
United States of America. FITNESS-EBOOKS.COM makes
no warranties that the content is appropriate or
may be downloaded outside of the United States.
Access to the Content (including software) may not
be legal by certain persons or in certain countries.
If you access the Site from outside the United States,
you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. These
in accordance with the laws of the State of Illinois,
without giving effect to its conflict of laws provisions.
You expressly agree that exclusive jurisdiction
for any dispute with FITNESS-EBOOKS.COM, including
any claim involving FITNESS-EBOOKS.COM or its affiliates,
subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content
providers, or in any way relating to your membership
or use of FITNESS-EBOOKS.COM, resides in the courts
of the State of Illinois. You further agree and
expressly consent to the exercise of personal jurisdiction
of the applicable court and that venue shall be
in a court sitting in Lake County, Illinois.
Remedies for your Breach of these Terms of Service
In the event that FITNESS-EBOOKS.COM determines,
at its sole discretion, that you have breached any
portion of these Terms of Service, or have otherwise
demonstrated conduct inappropriate for the on-line
community of FITNESS-EBOOKS.COM and its members,
FITNESS-EBOOKS.COM reserves the right to (i) warn
you via e-mail that you have violated these Terms
of Use; (ii) delete any content provided by you
or your agent(s) to FITNESS-EBOOKS.COM, (iii) delete
all content provided by you to FITNESS-EBOOKS.COM,
(iv) discontinue your registration with FITNESS-EBOOKS.COM
and/or any other FITNESS-EBOOKS.COM community; (v)
notify and/or send content to and/or fully cooperate
with the proper law enforcement authorities for
further action; and/or (vi) any other action which
FITNESS-EBOOKS.COM deems to be appropriate.
BetterU, Inc. reserves the right, at its sole discretion,
to immediately, without notice to suspend or terminate
or ability to access FITNESS-EBOOKS.COM and/or any
other service provided to you by FITNESS-EBOOKS.COM
including any e-mail account upon any breach by
such terms shall be identified when posted on FITNESS-EBOOKS.COM
by BetterU, Inc.) constitute the entire understanding
between the parties as to subject matter hereof,
and supersede all prior agreements and understandings.
Any legally unenforceable provision of these Terms
of Use will, at the election of FITNESS-EBOOKS.COM,
be deleted or modified to correct the defect and,
regardless, the remainder of the terms of these
you for your cooperation with these Terms and Conditions.
Addendum - Copyright and Intellectual Property Policy
Inc. respects the intellectual property of others,
and we ask our users to do the same. BetterU, Inc.
has no responsibility for content on other web sites
that you may find or access when using BetterU,
Inc.'s products or services. Material available
on or through other web sites may be protected by
copyright and the intellectual property laws of
the United States and/or other countries. The terms
of use of those web sites, and not the BetterU,
Inc. Terms of Service, govern your use of that material.
is BetterU, Inc.'s policy, in appropriate circumstances
and at its discretion, to disable and/or terminate
the accounts of users who may infringe or repeatedly
infringe the copyrights or other intellectual property
rights of BetterU, Inc. and/or others.
for Claims of Intellectual Property Violations and
Agent for Notice
you believe that your work has been copied in a
way that constitutes copyright infringement, or
that your intellectual property rights have been
otherwise violated, please provide BetterU, Inc.
with the following information:
an electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
2. a description of the copyrighted work or other
intellectual property that you claim has been infringed;
3. a description of where the material that you
claim is infringing is located on the BetterU, Inc.
site, with enough detail that we may find it on
the web site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith
belief that the disputed use is not authorized by
the copyright or intellectual property owner, its
agent, or the law;
6. a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual
property owner's behalf.
Inc.'s Agent for Notice of claims of copyright or
other intellectual property infringement can be
reached as follows:
Grayslake, IL, 60030