PegasusTrainer.com Terms of Use Agreement
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| Read This Terms of Use Agreement Before Accessing Website. |
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| Effective Date: This Terms of Use Agreement was last updated on 11/13/2006. |
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This Terms of Use Agreement sets forth the standards of use of the PegasusTrainer.com Online
Service for Registered Members. By using the
PegasusTrainer.com website you (the "Member") agree to these terms and
conditions. If you do not agree to the terms and conditions of this agreement, you should
immediately cease all usage of this website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being posted at
PegasusTrainer.com website. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this paragraph, this Agreement
may not be amended.
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| 1. Description of Service |
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PegasusTrainer.com is providing Member with online fitness services. Member
must provide (1) all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member's access to the Internet, and (3) pay
any fees relate with such connection.
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| 2. Disclaimer of Warranties |
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The site is provided by PegasusTrainer.com on an "as is" and on an "as available"
basis. To the fullest extent permitted by applicable law, PegasusTrainer.com
makes no representations or warranties of any kind, express or implied, regarding the use
or the results of this web site in terms of its correctness, accuracy, reliability, or
otherwise. PegasusTrainer.com shall have no liability for any interruptions in the
use of this Website. PegasusTrainer.com disclaims all warranties with regard to
the information provided, including the implied warranties of merchantability and fitness
for a particular purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
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| 3. Limitation of Liability |
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PegasusTrainer.com SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, AND IN PARTICULAR PegasusTrainer.com SHALL
NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF
REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB
SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT
LAW, OR OTHERWISE, EVEN IF PegasusTrainer.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE
ABOVE LIMITATIONS IS INAPPLICABLE.
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| 4. Indemnification |
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Member agrees to indemnify and hold PegasusTrainer.com, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees and costs, made by any third party due to or arising
out of Member's use of the Service, the violation of this Agreement, or infringement by
Member, or other user of the Service using Member's computer, of any intellectual
property or any other right of any person or entity.
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| 5. Members Account |
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All Members of the Service shall receive a password and an account. Members are
entirely responsible for any and all activities which occur under their account whether
authorized or not authorized. Member agrees to notify PegasusTrainer.com of any
unauthorized use of Member's account or any other breach of security known or should
be known to the Member. Member's right to use the Service is personal to the Member.
Member agrees not to resell or make any commercial use of the Service without the
express written consent of PegasusTrainer.com.
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| 6. Modifications and Interruption to Service |
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PegasusTrainer.com reserves the right to modify or discontinue the Service with or
without notice to the Member. PegasusTrainer.com shall not be liable to Member
or any third party should PegasusTrainer.com exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that PegasusTrainer.com
does not guarantee continuous, uninterrupted or secure access to our website
and operation of our website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
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| 7. Third-Party Sites |
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Our website may include links to other sites on the Internet that are owned and operated
by online merchants and other third parties. You acknowledge that we are not
responsible for the availability of, or the content located on or through, any third-party
site. You should contact the site administrator or webmaster for those third-party sites if
you have any concerns regarding such links or the content located on such sites. Your
use of those third-party sites is subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage all Members to review said
privacy policies of third-parties' sites.
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| 8. Disclaimer Regarding Accuracy of Vendor Information |
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Product specifications and other information have either been provided by the Vendors or
collected from publicly available sources. While PegasusTrainer.com makes every
effort to ensure that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of any information provided
on this website. PegasusTrainer.com makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you acknowledge that any
reliance on representations and warranties provided by any Vendor shall be at your own
risk.
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| 9. Governing Jurisdiction of the Courts of New York |
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Our website is operated and provided in the State of New York. As such, we are
subject to the laws of the State of New York, and such laws will govern this Terms of
Use, without giving effect to any choice of law rules. We make no representation that
our website or other services are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so subject to the internal
laws of the State of New York.
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| 10. Compliance with Laws |
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Member assumes all knowledge of applicable law and is responsible for compliance with
any such laws. Member may not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government requirements. Member
further agrees not to transmit any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any applicable local, state,
national, or international law or regulation.
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| 11. Copyright and Trademark Information |
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All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2006 PegasusTrainer.com,
will all rights reserved, or is the property of PegasusTrainer.com
and/or third parties protected by intellectual property rights. Any use of materials on the
website, including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of PegasusTrainer is strictly prohibited. Members agree that they will
not use any robot, spider, or other automatic device, or manual process to monitor or
copy our web pages or the content contained therein without prior written permission of
an authorized officer of PegasusTrainer.com.
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PegasusTrainer? and PegasusTrainer.com? are proprietary
marks of PegasusTrainer.com. PegasusTrainer.com's trademarks may
not be used in connection with any product or service that is not provided by
PegasusTrainer.com, in any manner that is likely to cause confusion among customers, or
in any manner that disparages or discredits PegasusTrainer.com.
All other trademarks displayed on PegasusTrainer.com's website are the
trademarks of their respective owners, and constitute neither an endorsement nor a
recommendation of those Vendors. In addition, such use of trademarks or links to the
web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with PegasusTrainer.com.
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| 12. Notification of Claimed Copyright Infringement |
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Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act, PegasusTrainer.com designates the following
individual as its agent for receipt of notifications of claimed copyright infringement.
By Email: support@pegasustrainer.com
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| 13. Botnets |
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PegasusTrainer.com retains the right, at our sole discretion, to terminate any
accounts involved with botnets and related activities. If any hostnames are used as
command and control points for botnets, PegasusTrainer.com reserves the right to
direct the involved hostnames to a honeypot, loopback address, logging facility, or any
other destination at our discretion.
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| 14. Other Terms |
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If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall not be
affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement and any other agreements referenced herein
may be assigned by PegasusTrainer.com, in our sole discretion, to a third party in
the event of a merger or acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other written agreement between us in
relation to your participation as a Member. Member agrees that by accepting this Terms
of Use Agreement, Member is consenting to the use and disclosure of their personally
identifiable information and other practices described in our Privacy Policy Statement.
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