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Last edited: Sunday, September 9, 2007 ( 362 days ago )

Zegee.com user agreement policy for customers


Zegee.com user agreement tells you how we go about business and how you should apply those rules so that all customers are happy and get the best out of the site.

User Agreement:

Information distributed in conjunction with this website is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our website. We suggest you print a copy of each of these documents for your records.

Zegee.com (the "Website") and/or Zegee, Inc. (the "Company" or the "parent company") shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

Use of Website Content

You are authorized to view and access a single copy of the content available on or from Zegee.com. "Zegee.com" and any variations thereof, are and shall remain the trade-marks and trade names and exclusive property of Zegee.com or its parent company, and any unauthorized use of this or any related marks are unlawful. Other trademarks that may appear on this website are the property of their respective owners. All content on this website, including without limitation to all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Zegee.com or its parent company and is protected by international copyright law. The content on this website may be used by you only for your personal or commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

You must retain all copyright, trademarks, service-mark and other proprietary notices contained in the original Website Content on any copy you make of the Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML, asp.net, vb.net, XML, java script or any other dynamic code that the Company creates to generate any Website Content or the pages making up this website. It is also protected by the Company's copyright.

Site Security Rules

Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses

This website is to be used by personal trainers, their potential clients, and gyms. The Company specifically prohibits any use of the website, and all users agree not to use the Website, for any of the following:

  • Transmitting any incomplete, false or inaccurate, misleading, or illegal information.
  • Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to this website.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
  • Taking any action which imposes an unreasonable or disproportionately large load on this website's infrastructure.
  • Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from the Company and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Mozilla Firefox).
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
  • Aggregating, copying or duplicating in any manner any of the Website Content or information available from this website.
  • Making any transmission that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
  • Framing of or linking to any of the Website Content or information available from this website.
User Information

When you register for the Website, you will be asked to provide certain information including, without limitation, a valid email address (your "Information"). By these Terms of Use and any privacy policy on this Website, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.

Neither Zegee.com nor its parent company represents or guarantees the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Zegee.com acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Website for violating the Terms of Use or any applicable law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

No user may alter the submission of any other user in any manner. Further, by submitting content to any public or non-public area of this website, including message boards, forums, contests and chat rooms, you grant Zegee.com and its parent company the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

We appreciate hearing from our customers and welcome your comments regarding our services and the Zegee website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

You agree not to disclose or share your password with any third parties or using your password for any unauthorized purpose.

Gift Cards

When trainers and gyms register to participate in the Website’s programs and services, they will have the option to be part of the "Gift Card Club". If trainers and gyms do register for this option, then they must adhere to the prices that are set by Zegee for this service.

Users of this Website have the ability to purchase gift cards. The recipient of the gift card will be able to use the card only at the gyms and fitness centers designated on this Website. If however, a gift card is purchased and a trainer or gym cannot be located within thirty (30) days of purchase, then a full refund is available from Zegee. Otherwise payments for the gift cards are non-refundable.

For this service, Zegee only facilitates the gift card service and has done no examination or investigation of the qualifications of trainers or gyms. Each recipient of a gift card must assess on their own the qualifications or suitability of a specific trainer and gym, and the disclaimers and company’s liabilities provisions set forth below apply equally to the purchase and receipt of gift cards.

Audio and Video Submissions

The Website permits the uploading of audio and video submissions and the hosting, sharing, and/or publishing of such User Submissions.

Zegee does not guarantee any confidentiality with respect to any submissions and you shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with such submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, permissions, and any and all other proprietary rights to use and authorize Zegee to use the submissions to as contemplated by these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. While you retain all of your ownership rights to your submissions, you hereby grant Zegee a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Zegee Website and Zegee's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Zegee Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Zegee Website a non-exclusive license to access your submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through the functionality of the website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a submission from the Website.

Zegee only facilitates user submissions and has done no examination or investigation of quality or suitability of the contents of these audio and video submissions. Each listener or viewer must assess on their own the quality or suitability of a specific submission, and the disclaimers and company’s liabilities provisions set forth below apply equally to the such user submissions.

Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement

If you believe that any copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

  • The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
  • A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
  • Identification of the URL or other specific location on this website where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
  • Your name, address, telephone number and, if You have one, your e-mail address;
  • A statement by you that You have a good faith belief that use on the website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
  • A statement by you, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.
We have designated Paul Pacyna as our agent to receive notices of claims of copyright infringement on our website. You can contact Paul Pacyna as follows: Mail: 3800 Galt Ocean Drive Suite 214, Fort Lauderdale, FL 33308 Telephone: 954 736 9763 Email: zegee.com@gmail.com Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others

Zegee.com respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of this Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Website of any users who are repeat infringers of the copyrights or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

The Company's Liability

Zegee.com provides users information about exercise, health clubs, and trainers and the opportunity to post profiles and offerings. Zegee.com and its parent company undertakes no responsibility for any postings on the website by third parties. In addition, The Website Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of this website or the Website Content. The use of the Zegee.com Website and the Website Content is at your own risk. Changes are periodically made to the Website and may be made at any time.

Company’s Consulting Services

From time to time the Company may provide consulting services to individuals with regard to training related issues. Such services are provided only as a service for individuals and are not intended to be determinative of any form of practice or training. The Company takes no responsibility for any activities undertaken by those individuals receiving consultation services, and each person should consult his or her local trainer.

Disclaimer of Warranties

ZEGEE.COM DOES NOT PROVIDE OR MAKE ANY UNDERTAKING AS TO THE QUALITY OR NATURE OF ANY OF THE PRODUCTS OR SERVICES OFFERED BY ZEGEE.COM OR THIRD PARTIES, OR MAKE ANY OTHER REPRESENTATION, WARRANTY OR GUARANTY. AMONG OTHER THINGS, THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE, THAT THIS WEBSITE WILL NOT HAVE DOWNTIME, AND THAT ITS SERVER ARE FREE OF COMPUTER VIRUSES, SERVICE PROBLEMS, OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE ZEGEE.COM SITES AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of this website.

LIMITATION OF LIABILITY

ZEGEE.COM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100

Termination

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration, the ability to access this Website and/or any other service provided to you by the Company, upon any breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the Website.

Indemnity

You agree to defend, indemnify, and hold harmless Zegee.com and its parent company, and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to a Zegee.com site, (ii) any Website Content that you use or (iii) your breach of the terms of these Terms of Use. Zegee.com and its parent company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Additional Terms of Use

Zegee.com and its parent company make no claims that the Website Content may be lawfully viewed or accessed outside of the United States. Access to the Website Content may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms of Use constitute the entire agreement between you and Zegee.com and its parent company with respect to the use of Website. No changes to these Terms of Use shall be made except by a revised posting on this page.

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, Zegee.com and its parent company do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information) and the extraction by third parties of material posted on the website such as photographs. While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

In addition, without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Zegee.com and its parent company does not provide or make any undertaking as to the quality or nature of any of the products or services purchased through Zegee.com and its parent company, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida applicable therein, without regard to conflict of laws. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs of the State of Florida.

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.



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“Every user who registers with Zegee.com becomes a member of a wellness community
that promotes healthy lifestyle via effective communication and collaboration.
Together we can make a difference in health care."
-Paul Pacyna, Founder of Zegee.com