Terms of Use

Updated October 7, 2009

Ensure Fitness is a Web-based service where staff members and community members share knowledge and information (the “Service”). You should read these terms and conditions (“Terms of Use”) carefully. They describe your legal relationship with Ensure Fitness and govern your access to and use of ensurefitness.com (the “Site”), the Service offered via the Site, and all text, data, audio, software, graphics, images, photographs, videos, and other content contained therein (the “Content”). YOU UNDERSTAND THAT BY USING THE SITE, THE SERVICE, OR ANY CONTENT ON THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE OR SERVICE.

1. What Ensure Fitness Is NOT Responsible For.

Your use of the Site, Service, and Content is at your sole discretion and risk. The Site, Service, and Content, and all materials, information, products, and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. Ensure Fitness EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICE, AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and NON-INFRINGEMENT. No advice or information, whether oral or written, obtained by you from Ensure Fitness will create any warranty not expressly stated in THESE TERMS OF USE. Ensure Fitness makes no warranties regarding the availability, uptime, operation, maintenance, timing, or delivery of the Site or Service. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

2. Third Party Links, Content, Recommendations.

The Site may contain User Content and provide links to third-party websites or resources. You acknowledge and agree that Ensure Fitness is not responsible or liable for the availability, usefulness, safety or accuracy of User Content, such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you would have against Ensure Fitness with respect to such User Content. You acknowledge that the use of any advice, opinion, recommendation, statement or other information contained in or displayed on the Service or the Site is at your own risk. Prior to purchasing any third-party products or services described on the Service or the Site, you are advised to verify independently all pricing, product quality, and other information necessary to make an informed purchase. Neither Ensure Fitness nor any of its subsidiaries, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Service or the Site.

3. Limitation of Ensure Fitness’s Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Ensure Fitness NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE OR ACCESS) THE SITE, SERVICE, AND CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Ensure Fitness HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Ensure Fitness WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT OR SOFTWARE UPLOADED ONTO, POSTED ON, OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. IN NO EVENT WILL Ensure Fitness’s CUMULATIVE LIABILITY TO YOU EXCEED $1 USD. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

4. What You Will Indemnify Ensure Fitness From.

You agree to defend, indemnify, and hold Ensure Fitness, its owners, officers, directors, employees, and agents, harmless from and against any third-party claims, liabilities, damages, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Service, or Content; (ii) your User Content; (iii) violation of these Terms of Use by you or any other user of your account (whether authorized or not); or (iv) your gross negligence or willful misconduct.

5. Ownership of Content and Material

YOU AGREE THAT ANY AND ALL CONTENT OR MATERIAL GIVEN TO Ensure Fitness WHETHER ORALLY, ELECTRONICALLY, OR WRITTEN, BECOMES THE PROPERTY OF Ensure Fitness IN PERPETUITY. Ensure Fitness, at its discretion, may publish, print, or otherwise make available to third parties any and all such content. Ensure Fitness further reserves the right to destroy, sell, or place such content in a retrieval system.

6. What You May NOT Do.

You agree that all content found on Ensure Fitness is the property of Ensure Fitness. You agree NOT to copy, edit, modify, or claim as your own any and all content owned by Ensure Fitness. You further agree NOT to decompile, reverse engineer, or otherwise gain access to parts of the site not intended to be available for viewing by the general public. This includes, but is not limited to, protected directories, databases, back office content, and code necessary to deliver content on the site. You also agree not to limit Ensure Fitness’s ability to publish such content which includes, but is not limited to, Denial of Service (DoS) attacks on Ensure Fitness.

9. Privacy Disclosure.

Ensure Fitness may, at its sole discretion, display advertisements throughout its Site as a normal course of business in delivering its Services and/or Content. In displaying these advertisements, Ensure Fitness, its owners, employees, agents, partners, affiliates, and/or associates may use “cookies” and/or “web beacons” to collect information as a result of serving the advertisement or for other purposes. You grant Ensure Fitness, its owners, employees, agents, partners, affiliates, and associates the right to use any and all information resulting from the use of “cookies” and/or “web beacons” at their sole discretion. Use of this information may be subject to applicable laws, rules, and/or regulations in your state or jurisdiction.

8. General.

You will not assign any rights granted to you or delegate any of your duties under these Terms of Use; any attempt to do so will be void and of no effect. Ensure Fitness may assign its rights and delegate its duties under these Terms of Use in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to these Terms of Use. These Terms of Use will be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Ensure Fitness that arises in whole or in part from the Site or Service will be adjudicated in the federal or state courts located in Broome County of New York. You and Ensure Fitness hereby consent to personal jurisdiction and venue therein. These Terms of Use and any other legal notices published by Ensure Fitness on the Site constitute the entire agreement between you and Ensure Fitness concerning your use of the Site and the Service, except to the extent you have a formal relationship with Ensure Fitness as a Content provider under a Ensure Fitness provider agreement, in which case your formal provision of Content will be governed by that agreement and all other uses of the Site and Service will be governed by these Ensure Fitness Terms of Use. To the extent you have a relationship with Ensure Fitness as a Content provider, your relationship with Ensure Fitness as a Content provider is governed by a different agreement. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. No waiver of any term of this these Terms of Use will be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of these Terms of Use.