Terms of Use

1. Introduction

Welcome to PeerDrivenFitness.Com hereinafter referred to as "Site", "we", "us", or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING PEERDRIVENFITNESS.COM. By using PeerDrivenFitness.Com or by clicking a box that states that you OR A PARENT IF YOU ARE NOT OVER EIGHTEEN YEARS OF AGE accept or agree to these terms, you or your parent signify your agreement to these terms of use. If you or your parent do not agree to these terms of use, you may not use PeerDrivenFitness.Com

You or your parent acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of PeerDrivenFitness.Com and receipt of data, materials and information available at or through PeerDrivenFitness.Com, the possibility of our use or display of your Solicited Submissions (as defined below in Section 3, entitled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.

2. Use of Content

All information, materials, functions and other content contained on PeerDrivenFitness.Com are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from PeerDrivenFitness.Com may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of PeerDrivenFitness.Com, except that where a Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of any Site is prohibited.

3. Accounts

Some services on PeerDrivenFitness.Com permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at PeerDrivenFitness.Com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.

We may suspend or terminate your account and your ability to use PeerDrivenFitness.Com or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

4. Content Accessible Via Links From Sites And Search Results

You should be aware that when you are on PeerDrivenFitness.Com, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

5. Disclaimers/Release of Liability

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO PEERDRIVENFITNESS.COM OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM PEERDRIVENFITNESS.COM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT PEERDRIVENFITNESS.COM OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Furthermore, the Content is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters. Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through PEERDRIVENFITNESS.COM. Reliance on any information appearing on PEERDRIVENFITNESS.COM is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.

PeerDrivenFitness.Com may contain the opinions and views of other users. Given the interactive nature of PeerDrivenFitness.Com, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

PeerDrivenFitness.Com content is intended for educational and recreational purposes only. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, PeerDrivenFitness.Comwithout seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.

6. Testimonials

Not all testimonials contained in or made available through PeerDrivenFitness.Com have been prepared by us (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser's experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.

7. LIABILITY WAIVER AND RELEASE FORM (MINOR CHILD)

THIS IS A RELEASE OF LEGAL RIGHTS — READ AND UNDERSTAND BEFORE SIGNING

I hereby certify that I am the adult parent or guardian of _____________, a minor child under the age of eighteen years, and I consent to his/her participation in Peer Driven Fitness.I understand and acknowledge that I am fully aware of and assume the medical risks (including but not limited to the risk of serious bodily injury) of (1) said minor child(ren)’s participation in Peer Driven Fitness. I recognize my responsibility to ensure that said minor child participates only in

those activities for which he/she has the required skills, qualifications, training and physical conditioning. I understand that Peer Driven Fitness shall have no responsibility to pay for medical treatment and related costs if said minor child is injured.

Knowing the risks described above, I agree, personally and on behalf of the minor child(ren) named above, to assume all the risks and responsibilities surrounding my minor child(ren)’s use of Peer Driven Fitness. To the fullest extent allowed by law, I hold harmless and agree to indemnify Peer riven Fitness, its officers, directors, faculty, staff, volunteers, employees and

agents, from and against any present or future claim, cause of action, loss or liability for injury to person or property, which said minor child(ren) may suffer or for which said minor child(ren) may be liable to any other person, related to said minor child(ren)’s participation in Peer Driven Fitness resulting from any cause whatsoever, and regardless of fault.

I am at least eighteen years of age and have carefully read and freely signed this Liability Waiver and Release Form (Minor Child(ren). I understand and agree that no oral or written representations can or will alter the contents of this document. I agree that this agreement shall be governed by the laws of the State of Iowa (excluding its conflict of laws principles).

Name: __________________________

Signed: __________________________ Date: ____________________

8. Privacy Policy

We're committed to protecting your privacy and security. Peer Driven Fitness will NEVER sell your information on to ANY third party. Read our full Privacy Policy below.

9. Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of Peer DrivenFitness.Com and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE PEERDRIVENFITNESS.COM OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF PEERDRIVENFITNESS.COM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO PEERRIVENFITNESS.COM. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO SITES OR CHANGE THE SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Dispute Resolution

Subject to the foregoing, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these terms of use, PeerDrivenFitness.com shall be resolved individually, without resort to any form of class action, by binding arbitration to take place in Des Moines, Iowa in accordance with the rules of the American Arbitration Association; (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to Peer DrivenFitness.Com for accessing the Site, but in no event shall attorneys' fees be awarded; and (3) under no circumstances will you be permitted to obtain an award for punitive damages, and each PeerDrivenFitness.Com user hereby waives all rights to claim incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms of use, or the rights and obligations of users and us in connection with these terms of use, shall be governed by and construed in accordance with the laws of the State of Iowa. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.

12. Amendment

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof) by posting the amendments to this disclaimer and it is your responsibility to the check the site for any such amend. Any such amendment to these terms of use will be effective thirty (30) calendar days following our posting

13. Waiver; Time Within Which Claims Must Be Brought

YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, PEERDRIVENFITNESS.COM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

14. Special Rules Relating to Children

The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age.We recognize that with proper adult supervision some parents might permit their children to visit PeerDrivenFitness.Com and use our online services. COPPA requires that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of peerdrivenfitness.COM.

When your child attempts to register and/or provide personal information to peerdrivenfitness.COM, we require a parent or legal guardian to:

Once parental notice and consent has been verified, the information we collect will be treated the same as information collected from any other user. Without verified parental notice and consent, we will not knowingly collect personal information relating to children under 13 years of age, and if we learn that we have inadvertently collected such information, we will promptly delete it.

How Parents Can Access Their Children's Personal Information

In compliance with COPPA, a parent or legal guardian may request from us to review, delete or stop the collection of personally identifiable information relating to their child or any child in their legal custody who is under 13 years of age. You may do so by following the instructions below regarding Access to/Correction of Information. If you request that no further information about your child be collected or used, we will be required to terminate your child's ability to use any part of the service or feature that requires a user to "sign in."

To learn more about COPPA, please visit this page:

http://www.ftc.gov/privacy/privacyinitiatives/chil...

Security Policy

Protecting your privacy and your information is a top priority. We have taken reasonable measures to secure both your information and our physical premises. We exercise reasonable care in providing safe transmission of your information from your PC to our servers (unless sent by a means outside of our control, such as e-mail). However, we cannot guaranty that our measures will completely bar unauthorized access to your information, and by using the Sites you assume this risk.

Product Reviews: FTC Disclaimer

Peer Driven Fitness does not warrant the performance, effectiveness or applicability of any materials listed or linked to on PeerDrivenFitness.Com.Products sold on PeerDrivenFitness.Com are not intended to diagnose, treat, cure, or prevent any disease.