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TERMINOLOGY: Hereinafter, MokenaPersonalTrainer.com and Jason Bauer will be referred to as MPT, "YOU" refers to this website's visitors, clients and customers of Mokena Personal Training and/or Jason Bauer, and members of the general public inquiring as to MPT services. ACCEPTANCE: MPT/Jason Bauer provides its service to our members and visitors/readers (i.e. YOU), subject to the following Terms and conditions, which may be updated by us from time to time without notice to you. All members and visitors/readers will be subject to the rules, regulations, terms, and conditions of membership as stated herein or as modified or amended. Your use of the MPT website and its services constitutes your full and complete acceptance of the terms and conditions of this agreement. Any rights not expressly granted herein are reserved. General Site Disclaimer: The information on the MPT site is intended for adults only (age 18 and over) and for use under the strict supervision of a qualified Health Professional. You understand and agree that the MPT has no control over the service or content of external links, and is thus in no way responsible for the information or promises contained in external links.*MPT, it's owners, affiliates, and members do not necessarily adhere to, or endorse, any or all of the links, stories, articles, editorials, submission reviews, suggestions, philosophies, or products offered by writers-contributors and/or sponsors found on this site. You agree to indemnify and hold the MPT and all directors, officers, representatives, volunteers, successors, employees, and assigns harmless from any claim or demand made by any third party arising out of their use of naturalfitnesstrainers.com, their violation of any of these Terms of Service, or their infringement of any intellectual property or other right of any person or entity. In the case of litigation, the User agrees that in no event shall the maximum liability of the MPT and it's owners, exceed $50, or the least amount allowed by law. You (the reader) agree to consult with the qualified health professional of your choice before beginning any new health regimen, health treatment, diet, supplement, drug, therapy, or exercise program. User assumes any and all risk(s) associated with use of any presented programs, therapies, supplements, drugs, exercises, ideas, suggestions, reviews, or any other type(s) of information available on this site. General Contraindications/Warnings: Since individual situations, responses, and conditions vary, you are expressly advised to consult with a qualified health professional before attempting any new diet, drug, alternative medicine or treatment, dietary supplement, lifestyle change, or health or fitness program, Discontinue use or activity if irritation occurs or increases. If condition worsens or does not improve after treatment or regular use of any product, diet, drug, alternative medicine or treatment, dietary supplement, lifestyle change, health, fitness, any other program, or other treatment, please consult a qualified health professional. Keep all drugs out of the reach of children. In case of accidental ingestion or overdose, seek professional assistance or contact a Poison Control Center immediately. Should there be any conflict between the information given on the MPT site and the instructions of your product manufacturer, your health care provider, or your product package insert or label instructions, you are advised to consult directly with a qualified health professional before deviating from said instructions. To clarify: The instructions given by your product manufacturer or professional health care provider, or on your product package or label, have precedence over anything you read on the MPT website. Additionally, you are advised to consult directly with a qualified health professional with questions about your individual condition and/or circumstances before acting on any information that you find in this area, anywhere on the MPT site, or via the internet in general. MPT, its associates, affiliates, authors and contributors assume no responsibility or liability for any adverse effects that may occur as a result of your use or discontinuance of any mentioned recommendation, idea, suggestion or modification, or your use or discontinuance of any mentioned product, diet, drug, alternative medicine or treatment, supplement, lifestyle change, or therapy. MPT, its associates, affiliates, authors and contributors assume no responsibility or liability for any adverse effects that may occur as a result of your visiting advertisers or external links that you may encounter on this site or other sites that we may acquire, own, or have any level of control over. General Terms of Service: You must agree to read and use the information on this site at your own risk. You agree to indemnify and hold completely harmless MPT and all assignees, employees, owners, operators, affiliates, and associates for any information herein. You agree to verify all information on this site with the qualified health professional of your choice before acting on or the passing on of said information. You understand that MPT has no control over the service or content of external links, and is in no way responsible for the information or promises contained in those links. You may not access this site to gain information to use against the website operators, its affiliates or any other person or entity in any conceivable manner. Visitors and Members are authorized to access this site solely for their own personal and private purposes and must agree that they are not visiting or joining for purposes of any official or legal investigation, or for purposes of reporting to any news, legal agent, agency or authority, police (or any other type of law enforcement agency or business), or medical representative, facility, or agency. Researchers, advertising, and other media individuals, must obtain express permission (in writing) from the president of MPT to access this site only for their stated (in writing) specific and express purposes. Email attachments are accepted by prior arrangement only. By entering this site, you acknowledge that you are over the age of 18 years. Memberships may not be sold or transferred. Privacy Policy: Your privacy is important and our privacy policy respects that. We do not sell, lease, loan, or rent, our member's personal information. We do not use propriety software to collect email addresses. We do not spam. We will not publish our members contact information, unless given specific member authorization for inclusion in our planned online database. At this time, those wishing to locate and hire MPT are welcome to contact us via the link on our website. Please provide your name, your location, and a way to contact you, and we will contact you. Cookies: Our site uses cookies to track users clicking through to the site via affiliate links so that the affiliate may be credited with the sale. Other features of the site also use cookies for functionality but these are not linked to personally identifiable information. Logging & statistics: Our web site records logs of users visiting the site in order that these may be analysed for statistical purposes. As with most such stats systems, information on IPs of users visiting the site, referrers and other such data is recorded and stored. Additionally, due to threats and harassment that we occasionally receive from angry drug users and their supporters; we must include the following privacy policy exceptions: All e-mail received by MPT is considered intended for publication. Furthermore, by submitting or communicating anything to us (that we consider to be harassing, threatening, or abusive in any way) via email, U.S. mail services, fax, telephone, or other means - you are giving permission to MPT to use the information for promotional, business, or informational purposes. To be used as we deem appropriate. Submissions or other communications may be edited due to space considerations and for clarity, form, and content, Your submission or communication may be published, including your identity, email address, any other personal or business information, including an editorial on this website. THINK CAREFULLY ABOUT WHAT YOU WANT TO SAY BEFORE YOU COMMUNICATE WITH US. Special Offers/Free Giveaways/Coupons: FREE Offers have No Cash Value and may be subject to the following additional restrictions: 1. May not be sold or transferred. 2. Required Signed/Submitted and Completed Membership Agreement. 3. Expiration as indicated or as deemed appropriate by MPT. 4. Availability. 5. May not be combined with other offers, unless indicated otherwise or by special permission. 6. For new member only. MPT RESERVES THE RIGHT TO ADD, REMOVE, OR MODIFY RESTRICTIONS AS DEEMED NECESSARY, RETROACTIVELY, AND WITHOUT NOTICE. Returned Check Policy: A $25 service fee will be assessed for any check that is presented to MPT and subsequently returned or revoked for any reason. Returned EFT Policy: A $25 service fee will be assessed for any scheduled electronic funds transfer payment that is attempted by MPT and subsequently returned or revoked for any reason, including inaccurate information. Declined Credit Card Policy: A $10 service fee will be assessed for any scheduled credit card payment that is declined or revoked. PENALTY OF NON-PAYMENT: If a payment becomes 10 days past due, services due/services promised may be suspended or cancelled due to non payment. WARRANTIES: MPT makes no warranty or representation of any kind, whether express or implied, for the services or information to be provided hereunder. You agree that MPT shall not be liable for any losses or damages of any kind, including, but not limited to, those that may result from any error, omission, negligence, interruption in service, delay in delivery, non-delivery, or mis-delivery of services or data components. Under no circumstances shall MPT, its owner, or any respective partners, officers, directors, employees, agents, associates or representatives be liable for any damages, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with this Website, the materials contained herein, or the Internet generally. The user assumes the entire risk as to the accuracy and the use of any information available on this site. INDEMNIFICATION: You agree to indemnify and hold MPT, and its respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. MPT reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with MPT in asserting any available defenses. Copyright and Trademark Information: All content is © by MokenaPersonalTrainer.com, unless indicated otherwise. You are free to add links to any MPT HTML page. All Other Copyrights Are Reserved, unless indicated otherwise on the individual web page, document, video, or graphic. Trademark Information: The following terms are trademarks of the MokenaPersonalTrainer.com: MPT (in the context of fitness and personal training), Mokena Personal Trainer, MokenaPersonalTrainer.com, and Jason Bauer. We claim exclusive non-industry-specific rights to the "Perserverance" device, defined as a circular white globe with the Chinese symbol meaning "Perserverance", with or without being surrounded by other MPT trademarked names, slogans, or devices. This list is not all-inclusive as other MPT trademarks may be in use elsewhere. All trademark rights are reserved. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement. PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT: If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us through our contact page. Information Access: Access to MPT website and members area is not guaranteed due to numerous concerns. Examples include but are not limited to the following: Network Downtime, HTML Coding Errors, Internet Service Provider Downtime, Phone Service Interruptions, System administrator program "crashes", computer downtime, international restrictions, etc. Although, we will make every effort to format this information to display correctly on different browsers, results will vary depending on the type of browser that you are using. MPT does not accept responsibility for typographical errors, html coding errors, lost or orphan html web pages. USER'S GRANT OF LIMITED LICENSE: By posting or submitting content to this site, you: 1. Grant MPT and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sub licensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and 2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by MPT will not infringe or violate the rights of any third party. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL MPT, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MPT'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Jurisdiction: You agree that MPT Disclaimer and Terms of Service agreement shall be governed by the laws of the State of Illinois, except for MPT's choice of law principles. Actions and proceedings arising from or in connection with this agreement shall be resolved in the state or federal courts of Mokena-Will County, Illinois. If any part of this agreement should be disallowed or made void, the parties agree that the remainder of this agreement shall continue to be in full force and effect. MPT, all staff, employees, and assignees, will have the right and the option to bring any dispute(s) to arbitration according to the rules of the Arbitration Association of their choice, whose decision will be considered final and legally binding. The chosen arbitration association will do everything legally possible (i.e. within the law) to uphold the spirit of this contract. SEVERABILITY AND INTEGRATION: Unless otherwise specified herein, this agreement constitutes the entire agreement between you and MPT with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MPT with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TERMINATION MPT reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if MPT believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes MPT's right to terminate a user's ability to post materials to the Site. You acknowledge that the MPT shall not be liable to you or any third party for any termination of your access to this Site. MPT reserves the right to extend or to terminate all or selected parts of this agreement at our leisure.
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