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Fitness Pro Travel Terms & Conditions
Interpretation
In these terms and condition
"Terms and Conditions" means the standard terms and conditions of purchase set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between FitnessProTravel.com and the Customer.
"Customer" means the person who makes an order for the products provided by via the latter’s website.
"Products" means the products, services and sessions described in any order made via the website. A session is a one week teaching vacation period generally from Sunday to Sunday.
"User" means a person or company (resort) who accesses, browses or otherwise uses the Site.
"Affiliate" community member or third party reseller who is provided commission for their referrals to network membership, travel program, or related products services.
"Vendor" means any third party entity who uses this Site to sell their products, services, or provide advertising to outside programs.
"Partner" companies designated as partners provide discounted products or services to Network members or significant value otherwise.
"Site" means the current live version of website as maintained on the world wide web at fitnessprotravel.com.
"Order" means an offer by a Customer to purchase any of the Products, memberships or services contained on the Site.
"Travel Program" teaching exchange opportunities are brought to network members via the Fit Bodies, Inc. Travel Program. Members must be approved by Fit Bodies for specialty qualifications prior to admittance to this program.
"Network - Community" active account holders with fitnessprotravel.com make up this fitness industry professional network.
"Fitpro – Pro – Instructor" means a fitness professional who has an active account.
"Gift Fund" refers to the required contribution designated directly to the Hospitality Setting. May be in the form of monetary funds or physical gifts.
"Hospitality Setting" location utilized for a teaching vacation. May include resort, ship or related vacation setting.
1. FitnessProTravel.com is a professional online social network, vertical to the fitness and sport industry. It is also the sole provider of booking services for the Fit Bodies, Inc. teaching vacation Travel Program.
Fit Bodies, Inc. is the sole and exclusive Partner providing their Travel Program within this Site. All resort contracts and work exchange agreements are owned and controlled by and between Fit Bodies, Inc. and the resort.
Participants in the Fit Bodies, Inc. Travel Program must agree and adhere to all terms and conditions of the Fit Bodies teaching vacation travel program.
2. This site is owned and operated by FIT Launch, Inc. dba. Fitness Pro Travel, aka. Fit Pro Travel and FPT, providing information and transaction services and contains material, which is originated in whole or in part by Fitness Pro Travel, its partners, affiliates, suppliers and manufacturers. The following are terms of a legal agreement between you, Fitness Pro Travel, and the partners utilizing the Fit Pro Travel system.
By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree to these terms and conditions, do not use the Site.
3. Unless otherwise specified this Site is solely intended for those who access this Site from the United States mainland. Fitness Pro Travel makes no representations or warranties that any product referred to on this Site is appropriate for use, or available, in other locations and/or jurisdictions. Those who choose to access the site from other locations and/or jurisdictions are responsible for compliance with all applicable local laws.
4. As a customer or user of this Site, it is agreed and understood that all Travel Program information and products provided via Fitness Pro Travel are offered in conjunction with traveling professionals acting within their specialty scope(s) of practice. Network accounts must be maintained with current professional details and profile image to participate in the Fit Bodies Travel Program.
5. As a customer or user of this site, you agree and represent that you are buying for your personal use and of 18 years or older.
Disclaimers
6. Although Fitness Pro Travel attempts to include accurate and relevant information. It assumes no responsibility for any errors or admissions in the content of the Site.
7. Certain hypertext links in the Site may lead to websites which are not under the control or direction of Fitness Pro Travel. Fitness Pro Travel will accept no responsibility or liability with respect to the material on such Site not under the control and direction of Fitness Pro Travel.
8. Fitness Pro Travel does not provide any warranties, expressed or implied, on products or services sold or promoted via this Site. Fitness Pro Travel is not responsible for defective merchandise from named brand products but will assist in arrangement for an equivalent exchange of a defective Product. Except as specifically stated on this site, neither Fitness Pro Travel, Fit Pro Travel it's parent company FIT Launch, Inc., nor any of its partners, affiliates, employees or other representatives will be liable for damages in excess of the value of the products.
9. Under no circumstances shall Fitness Pro Travel, its affiliates, partners, agents, or representatives be liable for any direct, indirect, special, incidental or consequential damages arising out of the use of or the inability to use the network, administrative tools, promotional features, physical, electronic or other products, or services on this site.
FIT LAUNCH, INC. DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIT LAUNCH, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD/ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Restrictions on use of information
10. The copyright for all material provided in this Site is held by Fit Pro Travel or by the original author of the material. Except as stated herein, none of that material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior, written consent of Fit Pro Travel or the copyright owner. Additionally the systems offered to vendors by Fit Pro Travel for scheduling, order processing, reservation, promotion, exchange service management, resort services and database management are secured by copyright. These services and systems are only available to vendors through contractual use agreements and may not be copied, reproduced, or recreated before, during, or after effective agreement term.
11. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non commercial use only, provided you do not modify the materials and that you obtain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms of conditions. Upon termination you must immediately destroy any downloaded and printed materials. You may not, without Fitness Pro Travel’s written permission, "mirror" any material contained on this Site on any server. Any unauthorized use of any material contained on this Site may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes.
License to Fitness Pro Travel
12. When using this Site, if you post messages to a bulletin board system, submit e-mail, input information, upload files or engage in any other form of communication through the Site, you are granting Fitness Pro Travel a perpetual, non-exclusive, unrestricted, worldwide license to use, copy, edit, post, sub-license, adapt, transmit and/or publicly display any such communication.
With the use of this site, you grant Fitness Pro Travel and their vendors the right to deliver through email or print, system update information, periodic newsletters, specials, and other related advertising. Mailing lists will not be sold or distributed to outside organizations.
Exception
Fitness Pro Travel will keep your personal information and purchase details confidential. No other entity, less our direct partners, shall have access to your personal information or details of your purchase history at any time or for any reason.
Trade mark and copyright protection copyright
13. All website design, text, graphics, the selection and arrangement thereof, and all software is copyright. All rights are reserved. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an order at Fitness Pro Travel, reservation conformation forms, or using this Site as a shopping resource. Any other use of materials on this Site - including reproduction for purposes other than those noted above, modification, distributions, or republication - without the prior written permission of Fitness Pro Travel is strictly prohibited.
14. Fitness Pro Travel and all page headers, company graphics and button icons are service marks, trade marks and/or trade dress of Fitness Pro Travel. All other trade marks, graphics, photographs, product names and company names or logos cited herein are the property of their respective owners.
Exclusive Jurisdiction for a Suit in Case of Breach
15. The parties, by entering into this Agreement, submit to the jurisdiction of Snohomish County, Washington for adjudication of any disputes and/or claims between the parties under this Agreement. Furthermore, the parties agree that the Courts of Snohomish County, Washington shall have exclusive jurisdiction over any disputes between the parties relative to this Agreement whether said dispute sounds in Contract, Tort or other areas of the law.
The FIT Launch, Inc., Fitness Pro Travel network shall be governed by and construed in accordance with the laws of the Commonwealth of Washington.
In any action at law or in equity, including an action for declaratory relief, brought to enforce, construe, or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees, plus costs and expenses of such action.
Purchase and Return
16. Return of purchased physical products from this site will be accepted if returned in original condition within 30 days of purchase.
Site account premium memberships are final at checkout. No cancellations or refunds are available prior to end of membership term. Member may purchase annual or month to month memberships.
For Travel Program purchase and return policies, see the Fit Bodies, Inc. terms and conditions.
Affiliate Fitness Professionals
17. All premium account holders with the Fitness Pro Travel Network are eligible to participate in the affiliate referral programs. Differing compensation scales are in place for different membership types. Commission may be paid by FIT Launch, Inc. or Fit Bodies, Inc. depending upon the specific purchases of your referred accounts.
For details on the Affiliate program go to Affiliate Terms.
Content Generation
18. Content marketing is an incredible tool on the internet. As a Fitness Pro Travel account holder you have the ability to create content in a number of ways including articles, recipes, inspirational quotes, blogs and more. By submitting your content to this site you understand and confirm that you are the sole owner and generator of such content.
For full list of content generation terms go to Content Terms.
Fitness Professional Advertising, Jobs, Events, & Classified
19. Communication is permitted by and between members of Fitness Pro Travel. These activities are within the discretion of participating members. FIT Launch, Inc., Fit Bodies, Inc., Fitness Pro Travel, nor its agents, employees or representatives, guarantee or endorse in any way these activities. Neither do we guarantee the accuracy of any information provided in advertisements, postings, or outside links. These features are developed for the use and benefit of members, but personal research, confirmation, and responsibility are essential when transacting with unknown providers.
For further details go to Advertising Terms.
Fitness Professional Networking and Sharing
20. You agree to not use the Site to:
i.impersonate any person or entity, including, but not limited to, another individual in search of a legal position;
ii. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
iii. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, publicity, privacy or other rights of any party;
iv. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
v. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
vi. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
vii. "stalk," or otherwise harass any member or user of the Fitness Pro Travel community; or
viii. collect or store personal data about other users.
For a full list of detailed terms, go to Networking Terms.
Membership to Fitness Pro Travel
21. The Fitness Pro Travel is a website dedicated to the health, fitness, and sport industry. Membership and use is open only to those whom at our sole discretion deem to be an active and responsible contributor to this industry.
Member ability to utilize the teaching vacation travel program is subject to the application and review of the User by Fit Bodies, Inc. It is their sole decision on the qualifications of individual fitness & sport professionals to participate in the teaching exchange travel program. Participants in the travel program must accept all terms of the program established by the provider, Fit Bodies, Inc.
Membership account types are based upon the purchase selection of the member. Varying levels of access to site features exist for each member and can be referenced by clicking on "settings" under "accounts". Membership is based upon an annual or month to month term.
We reserve the right to terminate any member at any time for any reason we deem appropriate.
Changes to terms and conditions
22. Fitness Pro Travel reserves the absolute right to modify these terms and conditions at any time. Such modifications will have immediate effect upon posting the information to the site. You agree to be bound by any such revisions and must periodically visit this page to review this information. Your continued use of the site shall be deemed your conclusive acceptance of these terms and conditions and any such modifications.
Fitness Pro Travel
Fit Bodies, Inc.