Strongwomen.com - Your Virtual Trainer with Dr. Miriam Nelson

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USER AGREEMENT
By clicking on the accept button below or by my use of this Web Site, I hereby agree with Dr. Miriam E. Nelson ("Dr. Nelson"), to the following:

A. NO MEDICAL ADVICE PROVIDED; THE EXERCISES FEATURED ON THIS SITE
	1. This Site Does Not Provide Medical Advice
	The contents of the Site such as text, graphics, images, information obtained from Dr. Nelson's Site and other material ("Content") contained on the Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Reliance on any information provided by Dr. Nelson on the Site at the invitation of Dr. Nelson, or other visitors to the Site is solely at your own risk. 
	2. The Exercises Featured on the Site.
	The exercises featured and described and demonstrated through animation on this Site (the “Exercises”) were reviewed by Miriam E. Nelson, Ph.D. Nevertheless, the Exercises are not tailored to the needs and medical conditions of individual users. Users should consult their physicians or healthcare professionals before undertaking any of the Exercises.
	
B. CHILDREN'S PRIVACY.
Dr. Nelson is committed to protecting the privacy of children. This Site is not intended or designed to attract children under the age of 13. 
	
C. USE OF CONTENT.
	1. Dr. Nelson authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright 2003, Miriam E. Nelson, Ph.D. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any intellectual property protection for the use of certain software and other features provided on the Site, which are referred to elsewhere on the Site, are incorporated into this User Agreement by reference. 
	2. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Dr. Nelson. Any use of the Content not expressly permitted by this User Agreement may violate copyright, trademark, and other laws All rights not expressly granted herein are reserved to Dr. Nelson.
	3. If you violate any of the terms and conditions applying to the use of the Content, your permission to use the Content shall automatically terminate and you must immediately destroy any copies you have made of any portion of the Content.
	
D. LIABILITY OF DR. NELSON
	1. The use of the Site and the Content is at your own risk.
	2. When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of Dr. Nelson. Dr. Nelson assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
	3. The Site and the Content are provided on an "as is" basis. DR. NELSON, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Dr. Nelson makes no representations or the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.

E. USER SUBMISSIONS; COMMUNITY PARTICIPATION AND CHAT GROUPS
	1. The User agrees that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any person or entity. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant, or warrant that the owner of such content has expressly granted, Dr. Nelson a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Dr. Nelson may sublicense the foregoing rights.
	2. If the User posts any communications to the Site or participates in any of the Site’s communities or chat groups (the “Public Areas”), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Dr. Nelson is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. 
	3. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of this User Agreement:
		a. Using a Public Area for any purpose in violation of local, state, national, or international laws; 
		b. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; 
		c. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Dr. Nelson in its sole discretion; 
		d. Posting advertisements or solicitations of business without the prior written consent of Dr. Nelson;
		e. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); 
		f. Posting chain letters or pyramid schemes; 
		g. Impersonating another person; 
		h. Distributing viruses or other harmful computer code; 
		i. Collecting information about others, including email addresses, without their consent; 
		j. Posting the same note more than once or "spamming"; or 
		k. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Dr. Nelson, exposes Dr. Nelson or any of its Users to any liability or detriment of any type. 
	4. Dr. Nelson reserves the right (but is not obligated) to do any or all of the following:
		a. Record the dialogue in public chat rooms. 
		b. Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of any such communication. 
		c. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with this User Agreement.. 
		d. Terminate a user's access to any or all Public Areas and/or the Site upon any breach of the terms and conditions of this User Agreement.
		e. Monitor, edit, or disclose any communication in the Public Areas. 
		f. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards. 
	5. Dr. Nelson reserves the right to take any action it deems necessary to protect the personal safety of Users of the Site or the public.
	
F. ADVERTISEMENTS AND LINKS TO OTHER SITES.
Dr. Nelson does not endorse the content on any third-party websites. Dr. Nelson is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
	
G. DISCLAIMER AND RELEASE. 
Dr. Nelson and the Affiliates hereby disclaim any responsibility or liability for any injury to persons or property arising out of or relating to: (a) your use or misuse of the Site or the Contents, (b) any act or omission on the part of Dr. Nelson, the Affiliates or any other person appearing on the Site; (c) any service provided by Dr. Nelson or any Affiliate (the “Services”); (d) the Content, or (e) or any act or omission of any User of the Site; provided that Dr. Nelson does not disclaim any liability for acts or omissions on the part of Dr. Nelson or any Affiliate amounting to gross negligence. The User hereby releases, remises, and forever discharges Dr. Nelson and the Affiliates of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, torts, damages, and any and all claims, demands, and liabilities whatsoever, of every name and nature, both at law and in equity, whether known or unknown, that the Client now has or ever had or may ever have with or against Dr. Nelson or any of the Affiliates that in any part is based upon or arises out of or relates to any (a) the use or misuse of the Site or the Content, (b) any act or omission on the part of Dr. Nelson, any Affiliate or any other person appearing on the Site, (c) any Service, (d) the Content, or (e) any act or omission of any User of the Site, except for any act or omission on the part of Dr. Nelson or any Affiliate that constitutes gross negligence.
	
H. USE OF SITE BY NON-U.S. USERS
Dr. Nelson makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

GENERAL
	1. Governing Law and Choice of Forum. This Agreement shall be construed and enforced under and be governed in all respects by the laws of the Commonwealth of Massachusetts. Dr. Nelson and the User: (a) hereby irrevocably submit to the jurisdiction of the federal and state courts in the Commonwealth of Massachusetts and (b) hereby waive to the extent not prohibited by applicable law, and agree not to assert, by way of motion, as a defense or otherwise any claim that (i) he or it is not subject personally to the jurisdiction of the above-named courts, (ii) any action, suit or proceeding may not be brought or maintained in one of the above-named courts, (iii) any such action should be dismissed on grounds of forum non conveniens, should be transferred to any court other than one of the above-named courts or should be stayed by virtue of the pendency of any other action, suit or proceeding in any court other than one of the above-named courts, or (iv) this Agreement or the subject matter hereof may not be enfrced in or by any of the above-named courts. Each of the Parties hereby consents to service of process in any such action in any manner permitted by the laws of the Commonwealth of Massachusetts, agrees that service of process by registered or certified mail, return receipt requested is reasonably calculated to give actual notice and waives and agrees not to assert by way of motion, as a defense of or otherwise, in any such action any claim that service of process made in accordance with this Section hereof does not constitute good and sufficient service of process. The provisions of this Section shall not restrict the ability of any Party to enforce in any court of competent jurisdiction any judgment obtained from any federal or state court of the Commonwealth of Massachusetts.
	2. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether written or oral between Dr. Nelson and the User. This Agreement may be amended or modified only by a written instrument signed by a duly authorized representative of Dr. Nelson and by the User.
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