Terms & Conditions

Your access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Fitness Management & Consulting are superseded and of no force or effect. Conditions are as follows.

  1. You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Fitness Management & Consulting unless otherwise noted. Fitness Management & Consulting neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Fitness Management & Consulting.
  2. While Fitness Management & Consulting uses reasonable efforts to include accurate and up-to-date information in the Site, Fitness Management & Consulting makes no warranties or representations as to its accuracy. Fitness Management & Consulting assumes no liability or responsibility for any errors or omissions in the content of the Site.
  3. Your use of and browsing in the Site are at your risk. Neither Fitness Management & Consulting, any of its agencies, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITIED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Fitness Management & Consulting also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
  4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Fitness Management & Consulting or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Fitness Management & Consulting is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.
  5. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and common law Trademarks of Fitness Management & Consulting and others. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Fitness Management & Consulting or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are also advised that Fitness Management & Consulting will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
  6. Fitness Management & Consulting has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of Fitness Management & Consulting.
  7. The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fitness Management & Consulting cannot control or account for such sites and resources, you acknowledge and agree that Fitness Management & Consulting is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fitness Management & Consulting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
  8. Although Fitness Management & Consulting may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Electronic Data Systems is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Fitness Management & Consulting will fully cooperate with any law enforcement authorities or court order requesting or directing Fitness Management & Consulting to disclose the identity of anyone posting any such information or materials.
  9. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Fitness Management & Consulting does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
  10. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
  11. You agree to indemnify and hold Fitness Management & Consulting, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions , or your violation of any rights of another.
  12. Fitness Management & Consulting may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Testimonials

I've been in the industry since 1988, seen many consultants come and go, and I can boldly and confidently proclaim that Jim Thomas is the standard when it comes to professionalism, meeting the clients needs, and seeing incredible results. My investment into Jim has and will continue to multiply many times over

G. Eng
The GRAND Health Club

800-929-2898

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