Terms of Service
Please read this agreement (“Agreement”) carefully before accessing or using the John Benton Model Fitness, LLC Web sites at www.johnbentonmodelfitness.com and its affiliated sites (the “Sites”). By accessing or using the Sites, You agree to be bound by this Agreement. John Benton Model Fitness, LLC (“John Benton Model Fitness, LLC” or “We”) provides the information and services on these Sites to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions and notices. These Terms and Conditions of use apply to information you have received on the Sites in the past.
The information and services offered on the Sites are provided with the understanding that neither John Benton Model Fitness, LLC nor its representatives are engaged in rendering legal services or other such advice. Your use of the Sites is subject to the additional disclaimers and notices that may appear throughout the Sites and to the terms and conditions of the John Benton Model Fitness, LLC Limitation of Liability Agreement (Individual) discussed below.
John Benton Model Fitness, LLC and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on these Sites. While John Benton Model Fitness, LLC strives to keep the information on these Sites accurate, complete and up-to-date, John Benton Model Fitness, LLC and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
These Sites and the information and services we provide may not be used by children under the age of 13.
John Benton Model Fitness, LLC may decline to provide you services in our sole discretion.
LIABILITY RELEASE AGREEMENT
The services provided by John Benton Model Fitness, LLC may involve certain risks to participants. Click here to read our Liability Release Agreement. You hereby agree to all terms, conditions and notices contained in that agreement.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
We may provide online personal training services (the “Services”). John Benton Model Fitness, LLC grants you access to the Sites during the term of this agreement solely to receive the Services and related information on the Sites. You may access, download and/or print, as necessary, to receive the Services. You may not license, create derivative works from, frame in another Web page, use on any other Web Site, or sell any information, databases or lists obtained from the Sites. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web Sites without our prior written permission. You will comply with all privacy laws. You may not engage in the practices of screen scraping, data mining or any other bulk information gathering in connection with the Web Sites.
All materials on these Sites (as well as the organization and layout of the Sites) are owned and copyrighted, licensed by, or used with permission that is granted to John Benton Model Fitness, LLC. No reproduction, distribution, or transmission of the copyrighted materials at these Sites is permitted without the prior written permission of John Benton Model Fitness, LLC.
If you use these Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Sites is terminated, you will (i) immediately notify John Benton Model Fitness, LLC, (ii) cease using the Sites and any information obtained from the Sites, and (iii) destroy all copies of your account information, password and any information obtained from the Sites.
Membership and subscription fees are not refundable. Memberships and subscription fees are not transferable and only you are authorized to use this membership. Only registered John Benton Model Fitness, LLC members have permission to view and print any and all of the information provided within the John Benton Model Fitness, LLC website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of John Benton Model Fitness, LLC. You may cancel your membership at any time (but no refund will be provided on programs already purchased). Your membership will automatically renew until John Benton Model Fitness, LLC receives cancellation notice from you. Automatic renewal dates are based on the date that you provide payment.
John Benton Model Fitness, LLC members will receive a password that provides access to Members Only areas of the websites. The John Benton Model Fitness, LLC membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password is violating the conditions of this agreement. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.
John Benton Model Fitness, LLC reserves the right to deny services to anyone.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of these Sites, you warrant to John Benton Model Fitness, LLC that you will not use these Sites for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Sites automatically terminates.
You may not, without the prior written permission of John Benton Model Fitness, LLC, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on these Sites or accessed through these Sites.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THESE SITES AND THE SERVICES OFFERED AT THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. John Benton Model Fitness, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT John Benton Model Fitness, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITES OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR THE SERVICES.
USE OF SUBMISSIONS
You grant us the right to use, reproduce, modify, distribute, and display any material, including your testimonials, that you supply or communicate to the Sites for any purpose related to the Sites and the performance of the Services.
CHANGES TO SITES
John Benton Model Fitness, LLC may make improvements or changes in the information, services, products, and other materials on these Sites, or terminate these Sites at any time. John Benton Model Fitness, LLC may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of these Sites shall be deemed your acceptance of the modified Agreement.
This Agreement and the resolution of any dispute related to this Agreement or these Sites shall be governed by and construed in accordance with the laws of Texas, without giving effect to any principles of conflicts of law. Failure by John Benton Model Fitness, LLC to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of these Sites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between John Benton Model Fitness, LLC and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Texas, County of Dallas. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
John Benton Model Fitness, LLC and other logos, product and service names are trademarks and service marks owned by or licensed to John Benton Model Fitness, LLC or its affiliates (the “Marks”). Without the prior written permission of John Benton Model Fitness, LLC, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
What information does John Benton Model Fitness, LLC collect from me?
When you complete our online registration process or participate in our website as a client of johnbentonmodelfitness.com, we collect certain personal information. We may collect the following categories of personally identifiable information through the Web site:
· Contact Information – including name, mailing address, telephone number, and e-mail address
· Program Preferences – information about your workout program formats and preferences
· Personal Statistics – including date of birth, height, weight and gender
· Personal Goals – your personal goals for your workout program
· Medical History – information about your medical condition, prior treatments, medications taken
· Current Exercise Regimen – information about your current exercise habits and equipment
· Workout Log – information about your participation in your current workout program
· Food Journal – information about your daily eating habits
· General Client Information – general information about your workout program, health, eating habits, and mental state. May be in the form of questions asked to the personal trainer
We collect information in several ways. For example, some of this personal information is gathered when you register as a customer using our Sign Up Now! Registration process. During registration, we ask for your contact information, program preferences, personal statistics, personal goals, medical history and current exercise regimen. Once you register, you are no longer anonymous to us and are able to take full advantage of our services. In addition to registration, we may ask you for information at other times, such as when you report a problem with our site or services, or contact the company via the corporate e-mail address. You will also have the opportunity to submit workout logs, food journals and general program information throughout your use of our services. If you contact us, we may keep a record of that correspondence.
If you believe that any inaccurate or inappropriate information has been obtained or disseminated through your use of this Web site, you should contact a representative of johnbentonmodelfitness.com by clicking here.
What are cookies and how does John Benton Model Fitness, LLC use them?
How does John Benton Model Fitness, LLC use the information?
Our primary goal in collecting information is to improve the site and provide the you with the best possible experience on the site. For example, by using the information collected, we are able to provide you with an easy to use and readily available forum to access your Johnbentonmodelfitness.com account information. We use your information to create and modify your training program and to monitor your progress. All of your information is made available to our personal trainers. We will also use your personal information to notify you of other products or services available from Johnbentonmodelfitness.com and its business affiliates.
We also may do research on our users’ demographics and behavior based on the information provided to us upon registration, gathered from transaction activity, from our server log files or from surveys. This research may be compiled, analyzed or sold on an aggregated basis, which does not include information identifying individual users. John Benton Model Fitness, LLC also may share this aggregated data with business partners or other third parties.
Who is collecting information?
With whom does John Benton Model Fitness, LLC share my information?
We will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that your information may be disclosed.
Categories of Third Parties with whom We May Share Personally Identifiable Information: We may provide your personally identifiable information to our affiliates, and our trusted business partners or persons for the sole purpose of processing that information on behalf of us. When this is done, we request that those parties process such information only in accordance with our instructions, and to maintain appropriate confidentiality and security measures.
Data in the Aggregate: We may disclose “blinded” aggregated data and user statistics to prospective partners and other third parties, and for other lawful purposes. Blinded data is data which does not identify an individual person.
Other: We also may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the John Benton Model Fitness, LLC Terms and Conditions of Use, or may otherwise be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Johnbentonmodelfitness.com Web site users or clients, or anyone else that could be harmed by such activities. We may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service and improve our products and services.
We may occasionally hire other companies to provide limited services on our behalf, including packaging and mailing, answering customer questions about products or services, sending postal mail, providing investor information and processing data. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
As we continue to develop our business, we may buy or sell businesses or assets. In such transactions, confidential customer information generally is one of the transferred business assets. In the event of a transaction involving the sale of some or all of our businesses, customer and site visitor information may be one of the transferred assets.
How can I control my personal information?
We offer our clients choices for the collection, use and sharing of personal information. You may contact us if you wish to view, edit or delete your personal information from our database, and we will use commercially reasonable efforts to accommodate your request.
How do we protect financial-related information?
Keeping your personal financial information private is vitally important to us. As a matter of policy and long time business practice, John Benton Model Fitness, LLC does not sell information provided by its clients. Any user statistics that we may provide to prospective partners regarding financial matters are provided in the aggregate only and do not include any personally identifiable information about any individual user. We process credit payment transactions through a third party site that will transfer your credit card number, bank account number or other personal information to the appropriate credit card company or bank, or to Pay Pal or a similar service in order to process any online payments.
What security precautions are in place to protect the loss, misuse or alteration of my information?
Your John Benton Model Fitness, LLC Account Information is password-protected so you have access to this personal information. Remember to sign out of your John Benton Model Fitness, LLC account and close your browser window when you have finished your work. This is to ensure that others cannot access your account by using your computer when you are away from it. Because of the global nature of the Internet, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Except as discussed above or otherwise designated, this site does not use security encryption measures. Therefore, information that you disclose by use of this site (as with any site that is non-secure), by posting a message or using email, potentially could be collected and used by others. This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk. Once we receive your transmission, we use our reasonable efforts to ensure its security on our systems.
What else should I know about my privacy?
Please keep in mind that whenever you voluntarily disclose information online, that information may be accessible to other clients and users. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.
When you or we end your customer relationship with us, we will treat the information we have about you as if you were still our customer.
Please read this agreement (“Agreement”) carefully before accessing or using the Web sites at johnbentonmodelfitness.com and its affiliated sites (the “Sites”). By accessing or using the Sites, or by choosing “Yes” during the enrollment process, you agree to be bound by this Agreement. We provide the information and services on these Sites to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions and notices.
Liability Release Agreement (Individual)
I hereby accept all risks associated with my John Benton Model Fitness, LLC training program and release and forever discharge John Benton Model Fitness, LLC and its respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others (“RELEASEES”) from any and all responsibilities or liability from injuries or damages resulting from or connected with my participation in any of the John Benton Model Fitness, LLC exercise programs whether arising from the negligence of the RELEASEES or otherwise.
- I acknowledge and fully understand that I will be engaging in training activities that potentially involve the risk of serious injury or possibly permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the condition of the premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time.
- I further acknowledge and understand that John Benton Model Fitness, LLC and its employees are not licensed dietitians and that any nutritional information or guidelines provided by John Benton Model Fitness, LLC carries no warranty of any kind, express or implied, including but not limited to warranties regarding safety or suitability for a particular purpose.
- I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death.
- I shall indemnify and hold Releasees harmless from any and all claims (including reasonable defense costs and attorneys’ fees) arising out of any bodily injury or death of any person, or damage to any property, to the extent caused by my negligence or willful misconduct.
- I acknowledge and understand that insurance coverage maintained by John Benton Model Fitness, LLC is excess coverage and begins after the exhaustion by me of all other insurance coverage for which I may be eligible, including but not limited to exhaustion of all insurance coverage provided by my personal trainer or his/her company and/or workout facility.
- I hereby consent to allow my name, image, likeness and/or voice to appear in publications, official documentaries, promotional materials, and advertisements, and any and all television, radio or film coverage of John Benton Model Fitness, LLC in any manner incidental to my participation in the exercise program, without compensation.
This waiver and release agreement specifically embraces each and every event, activity or purchase sanctioned by said RELEASEES, and has the same effect as if executed after each and every sanctioned event, activity or purchase in which I participate so that the parties herein intended to be released shall be fully and effectively released as to each and every sanctioned event, activity or purchase.
John Benton Model Fitness, LLC cannot guarantee that its products or workouts will be safe, effective or suitable for everyone. For that reason, all such products and services, and the programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, express or implied, and John Benton Model Fitness, LLC disclaims any liability, loss or damages that may result from their use.