Crosstrainer Software Corporation and Crosstrainer strongly encourages all users of its fitness software program and website to consult their physician or qualified healthcare professional before undertaking any fitness, exercise, or diet program. Before using any exercise equipment or apparatus make sure you fully understand its proper use and have received instruction on its use by a qualified fitness professional. Any information appearing on the Crosstrainer fitness software program or this website is provided for informational purposes only and is not intended to take the place of the advice of your physician, healthcare provider, or fitness professional. Crosstrainer Software Corporation disclaims any liability in connection with the advice appearing on this website or any products or services advertised or sold on this site. Reliance on any information provided by the Crosstrainer website is done entirely at your own risk.
All software used and distributed on the Crosstrainer website is the property of Crosstrainer Software Corporation or its suppliers and protected by Canadian and international copyright laws. All content included on the Crosstrainer site - such as text, graphics, logos, button icons, images, and audio and video clips - is the property of Crosstrainer Software Corporation or its content suppliers and protected by Canadian and international copyright laws. The collection, arrangement and assembly of all content on the Crosstrainer website is the exclusive property of Crosstrainer Software Corporation and protected by Canadian and international copyright laws.
Crosstrainer Software Corporation respects the intellectual property of others, and we ask our content partners and Crosstrainer members to do the same. If you believe that your copyrighted work has been copied and is accessible on the Crosstrainer website in a way that constitutes copyright infringement, you may notify Crosstrainer Software Corporation by providing us with the following information:
a. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
b. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
c. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
d. Identification of the URL or other specific location on the Crosstrainer site where the material that you claim is infringing is located, including enough information to allow us to locate the material.
e. Your name, address, telephone number and e-mail address.
f. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
g. A statement by you, made under the penalty of perjury, that the above information is your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Permitted Use of Crosstrainer Software Corporation Trademarks
Crosstrainer Software Corporation and Crosstrainer trademarks identify Crosstrainer Software Corporation and Crosstrainer products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from Crosstrainer Software Corporation. Please make such requests by e-mail to info@FitnessSoftware.com; we will evaluate your request as soon as possible.
Trademarks: Crosstrainer Software Corporation, Crosstrainer Software Corporation and Logo, InnovativeLogic.com, Crosstrainer, Crosstrainer and Logo, Crosstrainer.net, Crosstrainer.org, Crosstrainer.ca, FitnessSoftware.com, FitnessSoftware.com and Logo, Get Fit The Way You See Fit.
User Submissions and Content
Crosstrainer Software Corporation provides interactive areas on the Crosstrainer website where users may post communications. You alone are responsible for the content of your communications, and the consequences of any such communications. By submitting content, which may include your member name, to any interactive area of the Crosstrainer site, including message boards, forums, and chat rooms, you grant Crosstrainer Software Corporation and Crosstrainer a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any user or website guest to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the Crosstrainer interactive areas, you agree:
a. not to use the Crosstrainer website to send or post on message boards or any place on the Crosstrainer site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or 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, or encourage the use of controlled substances.
b. not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Crosstrainer Software Corporation or Crosstrainer.
c. not to use an inappropriate user, member or guest name of any kind.
d. not to post or use the Crosstrainer website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
Links, Third Party Services and Promotional Messages
As a convenience to our users, members and guests, we may provide links to third-party websites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Crosstrainer Software Corporation with respect to such sites.
Crosstrainer Software Corporation and Crosstrainer and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Crosstrainer Software Corporation makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Crosstrainer Software Corporation nor such third parties shall have any liability with respect thereto.
Registration and Password
If a login ID and password is required, you are responsible for maintaining the confidentiality of your login ID and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Crosstrainer Software Corporation of any unauthorized use of your registration.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF Crosstrainer AND THE Crosstrainer WEBSITE IS AT YOUR SOLE RISK. THE Crosstrainer SOFTWARE PROGRAM AND THE Crosstrainer WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Crosstrainer Software Corporation EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE INFORMATION ON THE Crosstrainer WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Crosstrainer Software Corporation NOR ITS USERS, MEMBERS AND GUESTS, WHILE SUCH PEOPLE ARE PARTICIPATING IN THE Crosstrainer SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Crosstrainer Software Corporation ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN SOFTWARE TRAINING PROGRAMS AND ARTICLES ON THE Crosstrainer WEBSITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE Crosstrainer FITNESS SOFTWARE PROGRAM AND ON THE Crosstrainer WEBSITE.
Crosstrainer Software Corporation makes no warranty that the Crosstrainer website services will be uninterrupted, secure or error free. Crosstrainer Software Corporation does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Crosstrainer website. Crosstrainer Software Corporation is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Crosstrainer site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
Limitation of Liability
Crosstrainer Software Corporation SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE Crosstrainer FITNESS SOFTWARE PROGRAM AND Crosstrainer WEBSITE OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE Crosstrainer WEBSITE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Crosstrainer Software Corporation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of Crosstrainer Software Corporation and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Crosstrainer fitness software program and the Crosstrainer website, the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Applicable Law; Consent to Jurisdiction
The Crosstrainer website (excluding linked sites) are controlled by Crosstrainer Software Corporation from its offices within the Province of Ontario, in Canada. The Crosstrainer website can be accessed from all parts of Canada and the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Ontario, by accessing the Crosstrainer website both you and Crosstrainer Software Corporation agree that the statutes and laws of the Province of Ontario, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Crosstrainer website.
You agree that exclusive jurisdiction for any dispute with Crosstrainer Software Corporation and Crosstrainer, or in any way relating to your use of the Crosstrainer fitness software program and the Crosstrainer website, resides in the courts of the Province of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario in connection with any dispute including any claim involving Crosstrainer Software Corporation and Crosstrainer or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Crosstrainer Software Corporation reserves the right to charge fees, surcharges and/or membership fees at any time.
Crosstrainer Pro Software Corp.
PO Box 71,
Brockville, ON, Canada