IDEA Terms & Conditions

Your Acceptance
IDEA Health & Fitness Association (“IDEA”) conditions the use of www.ideafit.com or any other website (collectively, the “Site”) operated by IDEA on acceptance of the following terms: (1) the terms and conditions, as set forth below; and (2) IDEA’s privacy policy, which can be found here. If you do not agree with each and all of these terms, do not use the Site as they are expressly required for any such use. Your use of the Site shall constitute an acceptance of the terms and conditions set forth herein, and the privacy policy.


Account
In order to access some areas of the Site, or participate in certain aspects of the Site, you will need to become a user or member and create an account. When creating your account, you agree to provide complete and accurate information. You shall be responsible for maintaining the secrecy of your username and password, and IDEA accepts no responsibility for unauthorized use of the same. You agree not to use any username or password not belonging to you.


Code of Conduct
In using ideafit.com, you agree to abide by all applicable laws and regulations, and comply with community standards of decency in your activities. You agree to refrain from posting words or images that are obscene, defamatory, false, unlawful, or infringe upon others’ rights, including intellectual property rights. You also agree to refrain from posting content that could be deemed an advertisement or solicitation where not explicitly authorized by IDEA.


Intellectual Property
All content on this Site, including but not limited to images, text, code, graphical designs, and logos are the sole property of IDEA. Unauthorized use, reproduction, distribution, display, or creation of derivative materials is prohibited and could subject you to civil and/or criminal liability. Your use of the IDEA site does not create any interest in the intellectual property of IDEA. You agree that you will not use ideafit.com for any purpose other than personal use, and have no authority to use the content of the site, including IDEA’s trademarks and copyrighted materials, for any purpose other than those expressly provided on ideafit.com.


Your Choice on Collection and Use of Your Information
We may, from time to time, send you electronic mailings, text messages, and other direct communications, regarding our products and services. We will send you these mailings only if you indicated that you do not object to these offers. If you do not wish to receive further information from IDEA Health & Fitness Association (IDEA) you can send us an e-mail at [contact@ideafit.com] and tell us that you do not want to receive future communications. You may ask to have the information on your account deleted or removed, however, because we keep track of past transactions, you cannot delete information associated with past transactions on our website. In addition, it may be impossible to completely delete your information without some residual information because of backups.

We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control. The ideafit.com website may contain links to other non-IDEA websites. IDEA is not responsible for the privacy practices or the content of such websites and you should exercise your best judgment when sharing personal information on these websites.


User Submissions and Articles
Users may submit information for use on ideafit.com, including but not limited to articles, advertisements, conference presenter applications, events, and profile information. In doing so, you agree that such submissions shall be lawful, and shall contain content that you have authority to use and post on ideafit.com. You agree that posting such submissions on ideafit.com shall provide IDEA with a worldwide, non-exclusive, royalty-free, sublicenseable and transferable right to use, distribute, reproduce, and display such content without limitation. Such rights shall include the rights of IDEA to prepare derivative works of such content. You further agree to read and abide by the terms of IDEA’s Author’s Guidelines and Republishing Policy.
IDEA is not responsible for the content posted on the Site. While IDEA reserves the right to monitor any submissions and to refuse to post or delete any content for any reason, it has no obligation to do so. The poster of content on ideafit.com is solely responsible for said content.


Voluntary Background Checks For Fitness Professionals
As part of the Site, IDEA offers fitness professionals the options to submit to voluntary background checks and/or credential status checks and post the results from those checks as part of their profile on the Site. By submitting to these checks, all such fitness professionals acknowledge that they are in no way required to submit to background or credential status checks, and that they have voluntarily chosen to submit to such check(s). Such fitness professionals further consent to the release by third-parties (including, but not limited to, certification agencies and training organizations) of information relevant to the checks.


Such fitness professionals also acknowledge that they are not employees of IDEA Health & Fitness Association or any users who may review their profile and/or background check through use of the Site. Furthermore, by using this Site, you specifically acknowledge that IDEA makes no warranties or representations about the accuracy or completeness of any background checks, or the character of any fitness professionals listed on the Site.


Links to Other Websites
Links to other websites may appear on this Site. Unless expressly stated otherwise, IDEA has no control over any such linked websites and is not responsible for and does not endorse or guarantee the content or services offered through such websites in any way. By accessing such websites, you do so at your own risk.


Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Intellectual Property Coordinator with the following information, in writing (see 17 U.S.C. 512(c)(3) for further detail):
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send any and all notices via our “contact us” page, found at http://www.ideafit.com/contact. A hard copy request can also be sent to Intellectual Property Coordinator, IDEA Health & Fitness Association, 10455 Pacific Center Court
San Diego, CA 92121.


Modifications to Policy
IDEA reserves the right to change these terms and conditions and/or its privacy policy at any time without notice to you. Please review these policies regularly to ensure that you agree to the latest version of the terms and conditions of use.


Termination of Account
IDEA has the exclusive right to terminate your account for any reason, at any time. Such termination may include, but is not limited to, the loss of membership status. It may also include the termination of the ability to participate in this Site.


No Warranty
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, IDEA, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. IDEA makes no warranties or representations about the accuracy or completeness of this site’s content, the content of any sites linked to this site, , the accuracy or content of any background checks or reports you consent to, or the suitability of any exercises, trainers, or other content for any given visitor or user, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, or the like that may be transmitted to or through our Site by any third party, (vi) any injuries, problems, or other adverse reactions that may result from performing or utilizing any exercises, trainers, or information on the Site, and/or (vii) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.


Limitation of Liability
In no event shall IDEA or its representatives or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, use of, and/or use of any information from, our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site. Such limitation shall apply to the fullest extent authorized by the law of the governing jurisdiction.
You specifically acknowledge that IDEA shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You further specifically acknowledge that IDEA is not responsible for and in no event shall be liable to for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any third party event hosted, advertised, or otherwise listed or linked to this Site.


Indemnity
You agree that you will defend and indemnify IDEA and its representatives and agents for any and all claims, demands, causes of action, lawsuits arising out of your use of the site to the full extent authorized by law. Such indemnity shall include the payment of attorneys’ fees to IDEA’s counsel of choice for defense of said claim. This obligation will not be terminated if you cease using the Site.


Arbitration
You agree to submit any dispute between you and IDEA to binding arbitration pursuant to JAMS rules or, if unable, to the American Arbitration Association (AAA). Such arbitration must be initiated and prosecuted in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The costs of arbitration will be borne by IDEA, unless the claim is deemed frivolous as determined by the arbitrator. The prevailing party shall be awarded attorneys’ fees. If claimant prevails, the minimum award shall be $7,500.


Applicable Law and Venue
IDEA is a corporation doing business in the State of California, and its Site is run in the State of California. You agree that if there is ever a dispute between you and IDEA, for any reason, such arbitration shall be venued in the County of San Diego, State of California. Any such dispute shall be governed by the laws of the State of California.


Ability to Contract
You agree that you are in a condition to agree to be legally bound by these terms and conditions. If you are under 18 years of age and are not legally emancipated, you have the consent of your parent or legal guardian to agree to these terms and conditions. If you are under 18 years of age and do not have your parent or guardian’s consent to abide by these terms, you must not use ideafit.com.


IDEA is proud to serve as your resource for fitness professionals, wellness, and fitness-related information. As part of this mission, IDEA recommends that any and all visitors to this web site use common sense when making use of any information on www.ideafit.com. Every individual’s fitness goals, needs, and abilities are unique. As such, IDEA recommends that users of this site exercise caution when exercising or leading others in fitness activities, and that all persons considering initiating an exercise program consult a physician before attempting to do so.