Terms of Service
You understand that exercise may be a risk to my physical health and safety if not done properly. You further understand that it is Performa Ball’s recommendation that you consult a physician prior to using any equipment, engaging in any exercise program or activity, You understand that neither Performa Ball nor the advice of any Performa Ball personnel is a substitute for medical advice.
By using this Internet Web site, you agree to hold Performa Ball, its agents, assigns, subsidiaries, subtenants, employees, licensees, and officers ("related entities") harmless for any action, suit, claim, loss, injury, or damage, arising from your recklessness, negligence, misuse of equipment, improper execution of generally acceptable exercise techniques, or for any damage or injury that occurs pursuant to any information received on the Internet, or by any other means now known or later developed. You acknowledge that you have had the prior opportunity to, and have, consulted a physician before entering into this agreement. You hereby agree to hold Performa Ball together with all its related entities, harmless for any action, suit, claim, loss, injury, or damage arising from any and all injuries sustained arising out of your subscription.
NO WARRANTY: Performa Ball MAKES NO WARRANTIES, OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, or remove any material that you submit to our site for any reason;
Refuse, move, or remove any content that is available on our site;
Deactivate or delete your accounts and all related information and files in your account;
Establish general practices and limits concerning use of our site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
Content on our site
Our site include a combination of content that we create, that our partners create, and that our users create. All materials published on our site, may include, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our site in whole or in part.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Our site contains content that we create as well as content provided by third parties.
Performa Ball’s Fee Based Services
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Performa Ball is an internet based training website for people who wish to lose weight, tone their body and improve core from the comfort of their own home. Performa Ball takes pride in being "a different kind of training company," creating online interactive exercises and programs. Performa Ball focuses on personal training, training by video/DVD, and business technology (coming soon). The company plans to build a widespread international audience.
Overall privacy statement
We take your privacy seriously. Because we gather certain types of information about our users, we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it. These privacy practices apply to the Web site that you were viewing when you clicked through to this policy, which is operated directly by us, by our partner, or by our affiliate.
1. What information does Performa Ball collect?
Our primary goal in collecting personal information is to provide you with the best and most useful content and services. Several of the services and features that we offer on our site require you to provide us with information as a condition of usage. These include access to subscription-only areas, the ability to post opinions or other content, participation in contests, and email newsletters and participation in message boards.
We collect personally identifiable information, such as your name, email address, postal address, phone number and credit card information when you provide it to us. From time to time, we may also collect other sensitive information such as your job title, gender, username and password. We may also receive information about you from other sources and add it to the information you provided to us.
2. What is Performa Ball’s practice regarding cookies?
Your Internet browser has a feature called cookies, which stores small amounts of data on your computer about your visit to any of our site. You do not need to have cookies turned on to visit most of our site, although active participation in certain areas of our site may require cookies. Cookies alone tell us nothing about who you are unless you specifically give us personally identifiable information, in which case we use the information to enhance your services in the ways described below. By adjusting your settings on your browser, you may elect not to allow cookies to be collected.
We also use technologies, including electronic images known as Web bugs—sometimes called transparent GIFs, clear GIFs, or beacons—that allow us to track general user-traffic patterns. We also automatically receive and record information from our servers and from your browser, including your IP address, the time of your visit to pages on our site, and information about pages you visited. Unless you have registered for one of our products or services, the information we gather through the use of tracking technologies cannot be matched with any personally identifiable information about you.
- Keeping count of return visits to our site or our advertisers' or partners' site.
- Accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Web-site and advertisement usage.
- Determining which features our overall user population likes best.
- Saving your password so you don't have to re-enter it each time you visit our site.
- Displaying the most appropriate advertising or content based on your interests.
We allow other companies that are presenting advertisements on our site and, sometimes, in our newsletters to use tracking technology on your computer. We do not give any personally identifiable information to them as part of this relationship. Unless you visit the Web site of these companies and provide them with personally identifiable information about yourself, these tracking technologies tell those advertisers nothing about who you are. Our advertisers' use of tracking technology is subject to their own privacy policies.
3. How does Performa Ball use the information?
We use the information we gather for four general purposes:
- To customize the advertising and the content you see. (to be added soon)
- To enhance the user experience in our site. We use tracking information to determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages.
- To fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in paid services, polls, contests, and message boards.
- To send you information you agreed to receive about topics we think will be of interest to you.
4. How does Performa Ball share the information?
Personally identifiable information
We will make your personally identifiable information available to other companies or people when:
- You have elected to allow us to share that information at the time that you registered with us or provided us the information, or through a subsequent affirmative election through our website.
- You volunteer information or create a public profile in the course of your participation in our community features such as forums, user opinions and reviews, chat rooms, photo sharing or other forms of public communication and interaction.
- You use cobranded services (i.e., site or services that we offer to you in connection with a partner, who is identified on the site). When you use a cobranded service within our site, you grant us permission to pass your registration information back to that service partner. Their use of your information is subject to their applicable privacy policies.
- We hire third-party vendors to provide specialized services such as customer support; email message deployment; suppression, merge and de-duplication services; data processing; and special products or services that you have requested. These companies are only allowed to use the information in order to help us fulfill our services to you. We do not provide your information to these companies for their own, permanent use.
- You unsubscribe for a mailing that we send to you on behalf of a third party. We may share your removal instruction with the third party so that it may be added to that person’s list of people to whom they may not send emails.
- You are the winner of a contest that is co-sponsored with a third party and that third party needs your information in order to manage the prize fulfillment process.
- When required by law, such as when we respond to subpoenas, court orders, or legal process.
We aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing, promotional, and other purposes. We do not disclose to these entities any information that could be used to identify you personally.
We are always seeking to improve our Web site and our business. In accomplishing these objectives, we may buy or sell a company, or one or more of the companies in our corporate family may merge with or be acquired by another company. If we sell a business, we may transfer some or all of your information as a part of the sale in order that the service being provided to you may continue or for other business purposes.
5. What are my options?
Users who would rather not provide any of the user data requested by our registration process do not need to register with us. You can still view much of the content and use many of the services offered by our site without registering.
We also give users the following options:
- Opting not to receive our electronic newsletters or those of third parties when registering. Users who opt in may remove themselves from mailing lists at any time through the subscription-management pages or by following the instructions at the end of the e-mail they received from us.
- Opting not to provide certain personal information when registering for a site, provided, however, that you may not be able to use some of our products or services without providing us with certain information.
6. How can I review and update my personally identifiable information?
You can review, correct, or change the information collected during registration for any of our site. The instructions for doing this can be found in our member-services areas. Users may change information at any time and as often as necessary. Users who are experiencing problems with our services or who have questions about how our services work can contact us using e-mail addresses at the bottom of this page.
Any modifications to our privacy practices will be reflected first on our Web site. If there is a material change in our privacy practices, we will indicate on our site that our privacy practices have changed and provide a link to the new privacy statement. If we are going to be using the information collected from users in a manner materially different from that stated at the time of collection, we will send affected users written notice of the change by e-mail.
Questions regarding this privacy statement or any other aspects of our Web site should be sent via e-mail to firstname.lastname@example.org
Your conduct on our site
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying our site and the Services is the property of Performa Ball. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our site.
Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our site, any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Download any file that you know or reasonably should know cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
Restrict or inhibit any other user from using and enjoying any public area within our site;
Collect or store personal information about other end users;
Interfere with or disrupt our site, servers, or networks;
Impersonate any person or entity, including, but not limited to, a Performa Ball representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our site or to manipulate your presence on our site;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
Engage in any illegal activities.
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our site, deny you access to our site, or any combination of these options.
Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by Performa Ball for use in accessing our site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those automated means that we have approved in advance and in writing.
Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our site.
You hereby agree to indemnify, defend and hold Performa Ball and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Performa Ball Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Performa Ball Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
Your use of our site;
Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
The content, the quality, or the performance of content that you submit to our site;
Your connection to our site;
Your violation of these Terms; or
Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our site. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Performa Ball may elect to resolve any controversy or claim arising out of or relating to these Terms or our site by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Johannesburg, South Africa, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Johannesburg, South Africa, necessary to protect the rights or the property of you or Performa Ball or its agents, suppliers, and subcontractors), pending the completion of arbitration.
We may be required by provincial or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
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 our site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Performa Ball and govern your use of our site, superceding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of South Africa, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Johannesburg, South Africa if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.