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Terms And Conditions TERMS OF USE FOR FITNESS FRIENDS SERVICES THIS AGREEMENT WAS LAST UPDATED ON JULY 19, 2006 When you sign up for any service within the Fitness Friends © group you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By using the Service after July 19, 2006 you are agreeing to be bound by this Agreement, including all amendments made to date. User Agreement This Agreement constitutes your agreement with Fitness Friends with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means Fitness Friends or any successor or assign of Fitness Friends Right to Use Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. Adult You represent, warrant and covenant that you are at least 18 years old. Code of Conduct You agree to use the Service in accordance with the following Code of Conduct: a. you will keep all information provided to you through the Fitness Partner Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; b. you will not use the Fitness Partner Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images; c. you will not forward chain letters through the Fitness Partner Service; d. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person; e. you will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which: i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or ii. is fraudulent, misleading or otherwise unlawful or violates any law; f. you will not use the Service to distribute or up load any virus, Trojan horses or do anything else that might cause harm to the Service, Fitness Friends systems or to other members' systems in any way; and g. On the Fitness Partner Service you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information. Advertising Unless you indicate on your Preferences page that you do not want to participate in such programs, you agree to grant Fitness Friends a license for the right to use your images, text or recordings* on our partners' sites or in the marketing of the Service. Excludes your personal information, such as your email address or full name. Read our privacy policy. Membership Categories Users of the Service may become "Business Members", "Fitness Friend ACTIVE Members" or "Fitness Friend PASSIVE Members" of the Service. Members are allowed access to a basic level of the Service's features and are not charged by us for the use of the features they can access. Business Members are provided with access to additional features of the Service that are not available to Fitness Friend members. Business Members are not charged by us for the features that are free to Fitness Members. Certain additional features of the Service made available to Business Members do incur a charge as set out in our pricing policy. Certain other features of the Service are "paid features", for which a Member is charged. Fees and Payments a. Business Members of the Service are required to purchase a yearly subscription in order to use the "business listing features" of the Service. Payment must be received prior to access, unless agreement has been reached in the form of a "30 day free trial" period. Business Members can make payments by Credit Card over the internet or by calling us direct, or by paying cash in accordance with our pricing policy. b. There are no fees for Fitness Friend "Passive" & "Active" Members to use the basic service offerings of the Fitness Friends website. Any additional services or products which may be offered from time to time as "paid features", will incur an agreed cost to the member on acceptance of the offer. Payment must be received prior to any "paid feature" being supplied. Fitness Members can make payments by Credit Card over the internet or by calling us direct, or by paying cash in accordance with our pricing policy. c. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method or manner in which we charge members for features, or the method of payment which is acceptable to us, at our sole discretion. d. Once we have confirmed receipt of your payment, we will enable your account within 48 hours. Where we receive payment in a denomination other than one normally accepted by us, we will convert the payment to AUD$ at a reasonable market exchange rate at the time of processing. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, no refund will be provided. e. You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. Privacy and Use of Information By using the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service. You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service Monitoring of Information We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time. Removal of Information While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service. Termination of Access to Service We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies. Proprietary Information The Service contains information which is proprietary to us our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. No Responsibility You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time. Security Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party. External Links The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them. Indemnity You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. No Warranties The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Fitness Friends, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Fitness Friends or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications. Information & Advice The Service may from time to time publish articles include messages from advice columnists who respond to "Health & Fitness" questions. Any statements made by advice columnists are provided for educational purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Users with Health & Fitness problems are urged to consult with a qualified medical practitioner with respect to such issues. Modifications We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications. Disclosure and Other Communication We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Fitness Friends related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement. Contact Information If you have any questions about the rights and restrictions above, please contact us at admin@fitnessfriends.com.au © Fitness Friends, 2006. Yes, I've read the terms and conditions

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