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Release of Liability

Please read this agreement ("Agreement") carefully before accessing or using the Web sites at numberoneme.com and its affiliated sites (the "Sites"). By accessing or using the Sites, or by choosing "Yes" in the selection below, you agree to be bound by this Agreement. We provide the information and services on these Sites to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions and notices. Liability Release Agreement (Individual) I hereby accept all risks associated with my Number One Me training program and release and forever discharge Progressive Fitness Coaching, LLC and its respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others ("RELEASEES") from any and all responsibilities or liability from injuries or damages resulting from or connected with my participation in any of the Number One Me exercise programs whether arising from the negligence of the RELEASEES or otherwise. 1. I acknowledge and fully understand that I will be engaging in training activities that potentially involve the risk of serious injury or possibly permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the condition of the premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time. 2. I further acknowledge and understand that Progressive Fitness Coaching, LLC and its employees are not licensed dieticians and that any nutritional information or guidelines provided by Number One Me carries no warranty of any kind, express or implied, including but not limited to warranties regarding safety or suitability for a particular purpose. 3. I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death. 4. I shall indemnify and hold Releasees harmless from any and all claims (including reasonable defense costs and attorneys’ fees) arising out of any bodily injury or death of any person, or damage to any property, to the extent caused by my negligence or willful misconduct. 5. I acknowledge and understand that insurance coverage maintained by Progressive Fitness Coaching, LLC is excess coverage and begins after the exhaustion by me of all other insurance coverage for which I may be eligible, including but not limited to exhaustion of all insurance coverage provided by my personal trainer or his/her company and/or workout facility. 6. I hereby consent to allow my name, image, likeness and/or voice to appear in publications, official documentaries, promotional materials, and advertisements, and any and all television, radio or film coverage of Number One Me/Progressive Fitness Coaching, LLC in any manner incidental to my participation in the exercise program, without compensation. This waiver and release agreement specifically embraces each and every event, activity or purchase sanctioned by said RELEASEES, and has the same effect as if executed after each and every sanctioned event, activity or purchase in which I participate so that the parties herein intended to be released shall be fully and effectively released as to each and every sanctioned event, activity or purchase. Progressive Fitness Coaching, LLC cannot guarantee that its products or workouts will be safe, effective or suitable for everyone. For that reason, all such products and services, and the programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, express or implied, and Progressive Fitness Coaching, LLC disclaims any liability, loss or damages that may result from their use. Number One Me is owned and operated by Progressive Fitness Coaching, LLC.

Do you agree to the release of liability terms detailed above?

  Choose One Yes No By choosing Yes you are indicating that you have read the Release of Liability above, fully understand and accept its terms and that you have given up substantial rights by accepting these terms.

Membership Agreement and Terms of Use

MEMBERSHIP AGREEMENT Membership fees are not refundable. Memberships are not transferable and only you are authorized to use this membership. Only registered Number One Me members have permission to view and print any and all of the information provided within the Number One Me website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of Progressive Fitness Coaching, LLC. You may cancel your membership at any time (but no refund will be provided on programs already purchased). Number One Me members will receive a password that provides access to Members Only areas of the website. The Number One Me membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password is violating the conditions of this agreement. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges. Progressive Fitness Coaching, LLC reserves the right to deny services to anyone. TERMS OF USE AGREEMENT BETWEEN USER AND Progressive Fitness Coaching, LLC TERMS OF USE Please read this agreement ("Agreement") carefully before accessing or using the Number One Me Web sites at www.numberoneme.com and its affiliated sites (the "Sites"). By accessing or using the Sites, You agree to be bound by this Agreement. Progressive Fitness Coaching, LLC d/b/a Number One Me ("Number One Me" or "We") provides the information and services on these Sites to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Sites constitutes your agreement to all such terms, conditions and notices. These Terms and Conditions of use apply to information you have received on the Sites in the past. The information and services offered on the Sites are provided with the understanding that neither Number One Me nor its representatives are engaged in rendering legal services or other such advice. Your use of the Sites is subject to the additional disclaimers and notices that may appear throughout the Sites and to the terms and conditions of the Progressive Fitness Coaching, LLC Limitation of Liability Agreement (Individual) discussed below. Progressive Fitness Coaching, LLC and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on these Sites. While Number One Me strives to keep the information on these Sites accurate, complete and up-to-date, Number One Me and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. These Sites and the information and services we provide may not be used by children under the age of 13. Number One Me may decline to provide you services in our sole discretion. PRIVACY POLICY At Number One Me ("Number One Me" or "We"), user privacy is an important concern. We are committed privacy and security, and to providing the best possible user experience for our users and online customers ("You"). We also strive to protect the personal and confidential information of those who use our on-line services. Please read our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently. LIABILITY RELEASE AGREEMENT The services provided by Number One Me may involve certain risks to participants. You also agree to our Liability Release Agreement. You hereby agree to all terms, conditions and notices contained in that agreement. PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES We may provide online personal training services (the "Services"). Number One Me grants You access to the Sites during the term of this agreement solely to receive the Services and related information on the Sites. You may access, download print, copy and distribute and modify materials as necessary to receive the Services. You may not license, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Sites. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web Sites without our prior written permission You will comply with all privacy laws. You may not engage in the practices of screen scraping, data mining or any other bulk information gathering in connection with the Web Sites. PROPRIETARY RIGHTS All materials on these Sites (as well as the organization and layout of the Sites) are owned and copyrighted, licensed by, or used with permission that is granted to Number One Me. No reproduction, distribution, or transmission of the copyrighted materials at these Sites is permitted without the prior written permission of Progressive Fitness Coaching, LLC. YOUR ACCOUNT If you use these Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Sites is terminated, you will (i) immediately notify Number One Me, (ii) cease using the Sites and any information obtained from the Sites, and (iii) destroy all copies of your account information, password and any information obtained from the Sites. Membership fees are not refundable. Memberships are not transferable and only you are authorized to use this membership. Only registered Number One Me members have permission to view and print any and all of the information provided within the Number One Me website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of Number One Me. You may cancel your membership at any time (but no refund will be provided on programs already purchased). Your membership will automatically renew until Number One Me receives cancellation notice from you. Automatic renewal dates are based on the date that you provide payment. Number One Me members will receive a password that provides access to Members Only areas of the website. The Number One Me membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password is violating the conditions of this agreement. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges. Number One Me reserves the right to deny services to anyone. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of these Sites, you warrant to Number One Me that you will not use these Sites for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Sites automatically terminates. You may not, without the prior written permission of Number One Me, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on these Sites or accessed through these Sites. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THESE SITES AND THE SERVICES OFFERED AT THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NUMBER ONE ME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORKOUTS FOR YOU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR THE SERVICES. LINKS TO THIRD PARTY SITES These Sites may contain hyperlinks to web sites operated by parties other than Number One Me, or its affiliates. Such hyperlinks are provided for your reference only. Number One Me does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by Number One Me to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the Number One Me privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information. USE OF SUBMISSIONS You grant us the right to use, reproduce, modify, distribute, and display any material, including your testimonials, that you supply or communicate to the Sites for any purpose related to the Sites and the performance of the Services. CHANGES TO SITES Number One Me may make improvements or changes in the information, services, products, and other materials on these Sites, or terminate these Sites at any time. Number One Me may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of these Sites shall be deemed your acceptance of the modified Agreement. MISCELLANEOUS This Agreement and the resolution of any dispute related to this Agreement or these Sites shall be governed by and construed in accordance with the laws of Delaware, without giving effect to any principles of conflicts of law. Failure by Number One Me to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of these Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Number One Me and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Delaware, New Castle County. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. Number One Me and other logos, product and service names are trademarks and service marks owned by or licensed to Number One Me or its affiliates (the "Marks"). Without the prior written permission of Number One Me, or its appropriate affiliates, you agree not to display or use in any manner, the Marks. © Copyright 2009 Progressive Fitness Coaching, LLC. All rights reserved.

Do you agree to the membership agreement and terms of use detailed above?

Choose One Yes No By choosing Yes you are indicating that you have read the Membership Agreement and Terms of Use above and fully understand and accept its terms.

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