PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE.
THEWORKSTATIONWORKOUT.COM Inc. have jointly
created this Internet site on the World Wide
Web. This site provides Internet-based communications
and information services to the consumer. By
using this site, you signify your agreement
to these Terms and Conditions of use. You must
agree to these Terms and Conditions in order
to use this site. Please read this document
carefully. If you do not agree to all of the
Terms and Conditions of this agreement, please
do not use this site.
TheWorkStationWorkout.com may revise and update
these Terms and Conditions at any time. Please
periodically review the Terms and Conditions
posted on this Web site because your continued
usage of this Web site (the "Site")
will mean you accept those changes.
Section 1. General Disclaimer; No Medical Advice.
The content on the Site is presented in summary
form, is general in nature, 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.
TheWorkStationWorkout.com Inc. do not recommend
or endorse any specific test, products, or procedures
that may be mentioned on the Site. Any opinions
expressed on the Site are the opinions of the
authors. TheWorkStationWorkout.com Inc. does
not assume any liability for the contents of
any material provided on the Site. Reliance
on any information provided by TheWorkStationWorkout.com
Inc. TheWorkStationWorkout.com Inc. Fitness
Trainers, Naturopathic Doctor, Nutritionist
and/or other visitors to the Site is solely
at your own risk. TheWorkStationWorkout.com
Inc. assume 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. TheWorkStationWorkout.com Inc. reserve
the right to change or discontinue at any time
any aspect or feature of this Site.
Section 2. Position on Your Privacy.
a. General. TheWorkStationWorkout.com Inc. recognize
the premium you place on privacy protection
on the Internet. We share the same concerns!
Working together, we strive to protect your
privacy, including the information you share
in the registration process that you must complete
in order to become a participating Visitor ("Client")
to the Nutrition, Naturopathic and Fitness exercises
related services ("Membership Plan Services"),
and the information you share within the other
Interactive Areas of this Site.
TheWorkStationWorkout.com
Inc. do not collect personally identifiable
information about Visitors or other Site Visitors
except when such individuals specifically
provide such information on a voluntary basis.
Access to and use of the TheWorkStationWorkout.com
Site or services constitutes information voluntarily
given by the Client.
b. Use of Registration Information. Personally
identifiable information of individual Clients
will not be sold or otherwise transferred
to unaffiliated third parties without the
Visitor's prior consent. The Site stores the
Internet Protocol (IP) address of your computer
when you visit the Site. This information
is only used to create broad demographic summaries
of where our Clients and visitors come from:
for example, we know what percentage of Clients
or Visitors come from Canada or the United
States, but our use of the IP addresses does
not include identifying who those Visitors
actually are. However, TheWorkStationWorkout.com
Inc. may use registration information and
other voluntarily submitted information in
the following ways:
o To provide our editors with information
that is useful in developing new features
and services for Site Clients and Visitors;
o To provide advertisers with aggregate --
never individual -- information about our
Client base and Visitor usage patterns; and
o To allow us to potentially vary advertising
based on Client and Visitor preference.
o To provide the Client base and Visitor with
an individual experience on the Site through
personalization.
TheWorkStationWorkout.com
Inc. reserve the right to perform statistical
analyses and profiling of Client and Visitor
behavior and characteristics in order to measure
interest in and use of the various areas of
the Site and to inform partners of such information.
TheWorkStationWorkout.com Inc. will provide
only aggregate data from these analyses to
third parties; no personally identifiable
information will be disclosed. TheWorkStationWorkout.com
Inc. may, at some time, permit third parties
to offer subscription and/or registration-based
services through the Site. In this event,
TheWorkStationWorkout.com Inc. will not be
responsible for any actions or policies of
such third parties and Clients and Visitors
should check the applicable privacy policy
of such party before providing personally
identifiable information.
It is not possible
for a Client or Visitor to delete his or her
profile from our database, nor is it feasible
to delete all traces of a Client's or Visitor's
activity in the system. Messages posted to
the boards are examples of Visitor activities
that are not feasible to delete.
TheWorkStationWorkout.com
Inc. may send regular email updates to Clients.
If you wish to have your email address deleted
from our database, please use go to the CONTACT
US page. Please allow two to three business
days for the actual cancellation to take effect.
We will not share your email address with
third parties without first receiving your
permission.
c. Voluntary Disclosure of Personally Identifiable
Information on Tag Boards, Chat Rooms, and
other Interactive Areas (collectively referred
to as "Interactive Areas"). Clients
and Visitors should be aware that when they
voluntarily disclose personally identifiable
information (for example, Visitor name, email
address) on the Tag boards or chat areas of
the Site, that information, along with any
substantive information disclosed in the Client's
or Visitor'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 TheWorkStationWorkout.com Inc.
TheWorkStationWorkout.com Inc. make no warranties
about the discoverability of Clients' identity
by methods beyond our control.
d. Cookie Technology. The Site may employ
cookie technology to allow Clients and Visitors
to move more quickly through the Site. Cookies
are small text files a website can use to
recognize repeat Visitors and facilitate the
Visitor's ongoing access to and use of the
site. Generally, cookies work by assigning
a unique number to the Visitor that has no
meaning outside the assigning site. They do
not come onto a Visitor's system nor do they
pose a threat to a Visitor's files. Clients
and Visitors should be aware that TheWorkStationWorkout.com
Inc. cannot control the use of cookies by
advertisers or third parties hosting data
for the Site. However, if a Client or Visitor
does not want information collected through
the use of cookies, there is a simple procedure
in most browsers that allows the Visitor to
deny or accept the cookie feature. Please
note that cookies may be necessary to provide
the Client or Visitor with certain features
(for example, customized delivery of information)
available on the Site.
Section 3. Use of Content; Copyright.
Upon acceptance of these Terms and Conditions,
TheWorkStationWorkout.com Inc. authorize you
to view or download a single copy of the material
on this Web site solely for your personal,
noncommercial use. 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" on
the Site and are incorporated into these Terms
and Conditions by reference.
The contents of the Site, such as text, graphics,
images, software applications, and other material
including software licensed by TheWorkStationWorkout.com
Inc. to permit Clients and Visitors to access
the Site ("Content"), are protected
by copyright under both Canadian and foreign
laws, and title to the Content shall not pass
to you or any other Client or Visitor. Unauthorized
use of the Content may violate copyright,
trademark, and other laws. None of the Content
may be reverse-engineered, disassembled, decompiled,
reproduced, transcribed, stored in a retrieval
system, translated into any language or computer
language, re-transmitted in any form or by
any means (electronic, mechanical, photo reproduction,
recordation or otherwise), resold or redistributed
without the prior written consent of TheWorkStationWorkout.com
Inc.
For information obtained from the Site'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 copyright notices
appearing in the original publications. 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 website or in a networked computer
environment for any purpose is prohibited.
Content is subject to change without notice
at the editorial discretion of TheWorkStationWorkout.com
Inc. If you violate any of these Terms and
Conditions, your permission to use the Content
automatically terminates and you must immediately
destroy any copies you have made of any portion
of the Content.
Section 4. Company's Liability; Disclaimer
of Consequential Damages.
The Content comes from sources believed to
be accurate, but may contain inaccuracies
or typographical errors. TheWorkStationWorkout.com
Inc. makes no representations about the results
to be obtained from using the Site or the
Content. The use of the Site and the Content
is at your own risk.
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 and jurisdiction of
TheWorkStationWorkout.com Inc. and their suppliers.
Accordingly, TheWorkStationWorkout.com Inc.
assume no liability for or relating to the
delay, failure, interruption or corruption
of any data or other information transmitted
in connection with use of the Site.
The Site and the Content contained therein
are provided on an "as is" basis
without any warranties of any kind. TheWorkStationWorkout.com
Inc., their licensors, and their suppliers,
to the fullest extent permitted by law, disclaim
all warranties, either express or implied,
statutory or otherwise, including but not
limited to the implied warranties of merchantability,
non-infringement of third parties' rights,
and fitness for a particular purpose.
TheWorkStationWorkout.com Inc., their licensors,
and their 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 Site.
In no event shall TheWorkStationWorkout.com
Inc., their licensors, their suppliers or
any third parties mentioned on the Site be
liable for any damages whatsoever (including,
without limitation, incidental and consequential
damages, lost profits, or damages resulting
from lost data or business interruption) resulting
from the use or inability to use the Site
or the Content whether based on warranty,
contract, tort or any other legal theory,
and whether or not TheWorkStationWorkout.com
Inc. are advised of the possibility of such
damages. TheWorkStationWorkout.com Inc. shall
be liable to you only for gross negligence
or willful misconduct and only to the extent
of actual damages incurred by you, not to
exceed $50,000. Remedies under this agreement
are exclusive and are limited to those expressly
provided for in this agreement.
Section 5. Visitor Submissions.
Except as described herein, any communication,
which you post on the Site is considered to
be non-confidential. You agree that you will
not upload or transmit any communications
that infringe any patent, trademark, trade
secret, copyright or other proprietary rights
of any party. By submitting communications
to any part of this Site, you automatically
grant -- or warrant that the owner of such
content has expressly granted -- TheWorkStationWorkout.com
Inc. a royalty-free, perpetual, irrevocable,
world-wide nonexclusive license to use, reproduce,
create derivative works from, modify, publish,
edit, translate, distribute, perform, and
display the communication alone or as part
of other works in any form, media, or technology
whether now known or hereafter developed,
and to sublicense such rights through multiple
tiers of sublicenses.
Section 6. Use of Interactive Areas.
TheWorkStationWorkout.com Inc. may provide
Interactive Areas on the Site. If you use
an Interactive Area, you are solely responsible
for your own communications and the consequences
of posting those communications. TheWorkStationWorkout.com
Inc. do not assume any responsibility for
the consequences of any Interactive Area communications
on or arising from use of the Site. In cases
where you feel threatened or believe someone
else is in danger, you should contact your
local law enforcement agency immediately.
In consideration of being allowed to use the
Interactive Areas, you agree that the following
actions shall constitute a material breach
of these Terms and Conditions:
1. Use of an Interactive Area for any purpose
in violation of local, state, national, or
international laws;
2. Post material that infringes on the intellectual
property rights of others or on the privacy
or publicity rights of others;
3. Post material that is unlawful, obscene,
defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another Client
or Visitor or any other person or entity as
determined by TheWorkStationWorkout.com Inc.
at their sole discretion pursuant to this
Section 6;
4. Post advertisements or solicitations of
business;
5. After receiving a warning, continue to
disrupt the normal flow of dialogue, or post
comments that are not related to the topic
being discussed (unless it is clear the discussion
is free form);
6. Post chain letters or pyramid schemes;
7. Impersonate another person;
8. Allow any other person or entity to use
your identification to post or view comments;
9. Post the same note more than once (The
online word for posting many times on one
topic is "spamming." Spamming is
strictly prohibited); or
10. Engage in any other conduct that restricts
or inhibits any other person from using or
enjoying the Interactive Areas, or which,
in the judgment of TheWorkStationWorkout.com
Inc., expose TheWorkStationWorkout.com Inc.
or any of their customers or suppliers to
any liability or detriment of any type.
TheWorkStationWorkout.com Inc. reserve the
right to record the dialogue in public chat
rooms and Tag board postings. TheWorkStationWorkout.com
Inc. do not screen communications in advance
and is not responsible for screening or monitoring
material posted by Clients or Visitors or
any other person or entity. If notified by
a Client or Visitor of communication(s) which
are alleged not to conform to the terms of
this Section, TheWorkStationWorkout.com Inc.
may investigate the allegation and determine
in its sole discretion to remove or request
the removal of the communication(s). TheWorkStationWorkout.com
Inc. reserve the right to remove communications
which are abusive, illegal, disruptive, or
that otherwise fail to conform with these
Terms and Conditions. In addition to the removal
rights described above, TheWorkStationWorkout.com
Inc. reserve the right to terminate a Client's
or Visitor's access to any or all Interactive
Areas upon Client's or Visitor's breach of
these Terms and Conditions. TheWorkStationWorkout.com
Inc. reserve the right (but are not obligated)
to edit or delete any communication(s) posted
on the Site, regardless of whether such communication(s)
violate these standards for content.
Furthermore, TheWorkStationWorkout.com Inc.
reserve the right (but are not obligated)
to monitor, edit, or disclose any type of
posting on the Interactive Areas for adherence
to the Terms and Conditions, if required in
the course of normal operation and maintenance
of the Site, or if required to do so by law
or in the good-faith belief that such action
is necessary to: (i) comply with the law or
comply with legal process served; (ii) protect
and defend the rights of TheWorkStationWorkout.com
Inc. or others; or (iii) act in an emergency
to protect the personal safety of our guests
or the public. TheWorkStationWorkout.com Inc.
HAVE NO LIABILITY OR RESPONSIBILITY TO CLIENTS
OR VISITORS OR ANY OTHER PERSON OR ENTITY
FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED
SCREENING ACTIVITIES.
TheWorkStationWorkout.com Inc. do not represent
or guarantee the truthfulness, accuracy, or
reliability of any of the material posted
by Interactive Area Visitors or endorse any
opinions expressed by such Visitors. ANY RELIANCE
ON CONTENT POSTED IN AN INTERACTIVE AREA IS
AT YOUR OWN RISK.
Through your use of the Site's Interactive
Areas, you are agreeing to all of the aforementioned
Terms and Conditions for the use of such Interactive
Areas contained herein.
Section 7. Links to Other Sites.
The Site may contain links to third party
Web sites. These links are provided solely
as a convenience to you and not as an endorsement
by TheWorkStationWorkout.com Inc. of the content
on such third-party Web sites. TheWorkStationWorkout.com
Inc. are not responsible for the content of
linked third-party sites and does not make
any representations regarding the content
or accuracy of materials on such third-party
Web sites. If you decide to access linked
third-party Web sites, you do so at your own
risk. Your use of third-party Web sites is
subject to the Terms and Conditions of use
for such sites.
Section 8. Advertisements.
The Site may contain advertisements by third
parties, and these advertisements may contain
links to other Web sites. Unless otherwise
specifically stated, TheWorkStationWorkout.com
Inc. do not endorse any product or make any
representation regarding the content or accuracy
of any materials contained in, or linked to,
any advertisement on the Site.
Section 9. Indemnity.
You agree to defend, indemnify and hold TheWorkStationWorkout.com
Inc., their 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 Subscription Services,
Content (including Software), or the Interactive
Areas in a manner that violates or is alleged
to violate these Terms and Conditions. TheWorkStationWorkout.com
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.
Section 10. Export Control.
Canada controls the export of products and
information. You agree to comply with such
restrictions and not to export or re-export
the Content (including Software) to countries
or persons prohibited under the export control
laws. By downloading the Content (including
Software), you are agreeing that you are not
in a country where such export is prohibited
or are a person or entity to which such export
is prohibited. You are responsible for compliance
with the laws of your local jurisdiction regarding
the import, export, or re-export of the Content
(including Software).
Section 11. General.
TheWorkStationWorkout.com Inc. is based in
Toronto, Canada. TheWorkStationWorkout.com
Inc. make no claims the Content is appropriate
or may be downloaded outside of Canada. Access
to the Content (including Software) may not
be legal by certain persons or in certain
countries. If you access the Site from outside
Canada, you do so your own risk and are responsible
for compliance with the laws of your jurisdiction.
Section 12. Jurisdiction.
You expressly agree that exclusive jurisdiction
for any dispute with TheWorkStationWorkout.com
Inc., or in any way relating to your subscription
to or use of the Site, resides in the courts
of Ontario, Canada and you further agree and
expressly consent to the exercise of personal
jurisdiction in the courts of the Ontario,
Canada in connection with any such dispute
including any claim involving TheWorkStationWorkout.com
Inc. or their affiliates, subsidiaries, employees,
agents, contractors, officers, directors,
telecommunication providers and content providers.
These Terms and Conditions are governed by
the internal substantive laws of the Ontario,
Canada, without respect to its conflict of
laws principles. If any provision of these
Terms and Conditions is found to be invalid
by any court having competent jurisdiction,
the invalidity of such provision shall not
affect the validity of the remaining provisions
of these Terms and Conditions, which shall
remain in full force and effect. No waiver
of any of these Terms and Conditions shall
be deemed a further or continuing waiver of
such term or condition or any other term or
condition.
Section 13. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR
"LEGAL NOTICE" ON THE SITE, THESE
TERMS AND CONDITIONS CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN YOU AND TheWorkStationWorkout.com
Inc. WITH RESPECT TO THE USE OF THE SITE AND
ANY SOFTWARE AND CONTENT CONTAINED THEREIN.
Thank you for your cooperation with these
Terms and Conditions. We hope you find the
Site helpful and convenient to use! We trust
that Virtual Health CAN become Reality. Questions
or comments regarding this Site should be
posted using our CONTACT US form or call 416
697 6694.
