Terms and Conditions of Use

NicksTrainerList.com,  a Division of Fitstep.com

Terms of Use and Privacy Policy

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE.

Privacy Policy

At 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).

BetterU, 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 browser type.

ALL personal information is held in the strictest confidence and will not be sold or distributed without express consent by you.

Definition of Services

FITSTEP.COM, a Web site (sometimes hereafter the “Site”) owned and operated by BetterU, Inc. (hereafter a.k.a. “FITSTEP.COM”), provides Internet-based fitness and health information and personal training services to the fitness consumer.

Acceptance of Terms of Use

You must agree to these Terms of Use in order to use the FITSTEP.COM Site. By using this Site, you acknowledge your agreement to these Terms of Use. Please read these Terms carefully. If you do not agree to all of the Terms of Use in this agreement, please do not use this Site.

FITSTEP.COM may revise and update these Terms of Use at anytime. Please review the Terms of Use periodically as posted at the FITSTEP.COM Site because your continued usage of the Site will mean you accept those changes. Please check these areas before using FITSTEP.COM to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please terminate your use of FITSTEP.COM immediately (1) by notifying FITSTEP.COM of your unwillingness to accept the changes to the Terms of Use; and/or (2) by discontinuing your use of FITSTEP.COM.

Occasionally, FITSTEP.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 FITSTEP.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 incorporated by reference into these Terms of Use.

SECTION ONE:

Disclaimer of Warranties and Consequential Damages

Neither BetterU, Inc. nor FITSTEP.COM recommends or endorses any specific test, products, or procedures that may be mentioned on the Site. FITSTEP.COM does not assume any liability for the contents of any material provided on the Site. Reliance on any information provided by FITSTEP.COM, its Personal Trainers, or other visitors to the Site is solely at your own risk. FITSTEP.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. FITSTEP.COM reserves the right to change or discontinue at any time any aspect or feature of this Site.

FITSTEP.COM, 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 FITSTEP.COM Site or other BetterU, Inc. information. FITSTEP.COM, its licensors, and its suppliers do not make any warranty that the content contained on the FITSTEP.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 FITSTEP.COM and its suppliers. Accordingly, FITSTEP.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 the Site.

YOU EXPRESSLY AGREE THAT USE OF FITSTEP.COM IS AT YOUR SOLE RISK. FITSTEP.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FITSTEP.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.

BETTERU, INC. MAKES NO WARRANTY THAT FITSTEP.COM WILL MEET YOUR REQUIREMENTS, OR THAT FITSTEP.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 FITSTEP.COM. FITSTEP.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 FITSTEP.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN FITSTEP.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.

NEITHER BETTERU, INC. NOR FITSTEP.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 FITSTEP.COM IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FITSTEP.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FITSTEP.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FITSTEP.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH FITSTEP.COM.

Links to Other Web Sites

This 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 FITSTEP.COM, but rather are exclusively controlled by third parties. Accordingly, FITSTEP.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 sites.

Moreover, while FITSTEP.COM may provide a link to a third party, such a link is not an authorization, endorsement or sponsorship by FITSTEP.COM with respect to such web site, its owners or its providers. FITSTEP.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 FITSTEP.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 FITSTEP.COM’s 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 FITSTEP.COM and its electronic connection to such third parties or their electronic connection to FITSTEP.COM does not constitute, and should not be construed as, its endorsement or support of such content, statements or opinions.

Furthermore, 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.

IN NO EVENT WILL BETTERU, INC. OR FITSTEP.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 FITSTEP.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Medical Advice

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.

This 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.

SECTION TWO:

Privacy

FITSTEP.COM 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. FITSTEP.COM will provide only aggregate data from these analyses to third parties; no personally identifiable information will be disclosed.

Under no circumstances should this Site or any of the fax numbers or mailing addresses on this Site be used to send FITSTEP.COM confidential or proprietary information. Data which is not personal, including questions, comments, ideas and suggestions, shall be deemed to be non-confidential and FITSTEP.COM shall be free to disclose and use the same for any purpose, and through any means, without any obligation whatsoever to you. FITSTEP.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.

Despite 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 FITSTEP.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 FITSTEP.COM. FITSTEP.COM makes no warranties about the discoverability of members’ identity by methods beyond our control.

Children and Minors

FITSTEP.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.).

SECTION THREE:

Use of Content

Upon acceptance of these Terms of Use, FITSTEP.COM 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.

You 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 FITSTEP.COM. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. For information obtained from FITSTEP.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 publications.

Intellectual Property Rights Reserved

All information provided by FITSTEP.COM in any form, is proprietary to FITSTEP.COM and is protected by U.S. and foreign laws and international treaties governing intellectual property. All such information published by FITSTEP.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 FITSTEP.COM does not invalidate copyright protection, and it does not indicate that BetterU, Inc, authorizes the reproduction of such proprietary material.

None 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 FITSTEP.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.

No License

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 FITSTEP.COM’s or any third party’s intellectual property rights.

Miscellaneous

In the event that any provision of the Terms of Use 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 the parties to the Terms of Use, such provision 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 of these Terms of Use will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver 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. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

FITSTEP.COM may assign its rights and obligations under these Terms of Use and upon such assignment FITSTEP.COM may be relieved of any further obligation hereunder.

You represent to BetterU, Inc. that you have the authority to register with FITSTEP.COM according to these Terms of Use.

Indemnity

You agree to defend, indemnify and hold BetterU, Inc. and FITSTEP.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 violate these Terms of Use. BetterU, Inc. shall 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.

Jurisdiction and Choice of Law

FITSTEP.COM is based in Illinois, in the United States of America. FITSTEP.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 Terms of Use shall be governed by and construed 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 FITSTEP.COM, including any claim involving FITSTEP.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 FITSTEP.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 FITSTEP.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 FITSTEP.COM and its members, FITSTEP.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 FITSTEP.COM, (iii) delete all content provided by you to FITSTEP.COM, (iv) discontinue your registration with FITSTEP.COM and/or any other FITSTEP.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 FITSTEP.COM deems to be appropriate.
Termination.

BetterU, Inc. reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access FITSTEP.COM and/or any other service provided to you by FITSTEP.COM including any e-mail account upon any breach by you of the Terms of Use.

Complete Agreement

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on FITSTEP.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 FITSTEP.COM, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

Thank you for your cooperation with these Terms and Conditions.

Addendum – Copyright and Intellectual Property Policy

BetterU, 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.

It 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.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If 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:

1. 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.

BetterU, Inc.’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

BetterU, Inc.
Box 342
Grayslake, IL, 60030
USA
FAX: 888-361-6023