Website Terms and Conditions of Use and Disclosure Policy
By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by Present Tense Fitness, LLC.
This website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials from this website for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from this website for commercial purposes. Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.
If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Present Tense Fitness a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Present Tense Fitness a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Present Tense Fitness does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website. You participate, comment, and post material on this website at your own risk. Any communication by you on this website, whether by leaving a comment or participating in a chat room, message board, public forum, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Present Tense Fitness in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website. Present Tense Fitness does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Present Tense Fitness neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website. Present Tense Fitness shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website.
You are strictly forbidden from the following:
• Causing damage to this website
• Using this website for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from this website
• Sharing private and proprietary information from online courses with anyone else
Present Tense Fitness may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms.
This website provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Present Tense Fitness disclaims any liability for your reliance on any opinions or advice contained in this website.
Any links to third-party products, services, or sites are subject to separate terms and conditions. Present Tense Fitness is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Present Tense Fitness may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PRESENT TENSE FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRESENT TENSE FITNESS DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PRESENT TENSE FITNESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of laws. The nearest state and federal court to Dayton, Ohio shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
Present Tense Fitness controls and operates this website from offices in the United States. Present Tense Fitness does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Present Tense Fitness may change, modify or update these Terms at any time without notice. Any access or use of this website by you after Present Tense Fitness posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact jason@presenttensefitness.com.
INDEMNITY
You agree to defend, indemnify and hold harmless Present Tense Fitness and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this website in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this website, (iv) your use of materials or features available on this website (except to the extent a claim is based upon infringement of a third-party right by materials created by Present Tense Fitness) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
DISCLOSURE POLICY
This website is a written and edited by me, Jason Harrison along with Susan Harrison and Anna Shearer. Present Tense Fitness does not accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation.
Present Tense Fitness does not have relationships that might present a conflict of interest or influence the content of this website.