Terms and Conditions

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Agreement between user and www.prana2thepeople.com

Welcome to www.prana2thepeople.com. The www.prana2thepeople.com website (the “Site”) is comprised of various web pages operated by Prana2thePeople (“P2P”). www.prana2thepeople.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.prana2thepeople.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.prana2thepeople.com is a Social Networking Site

Our site connects clients, fitness professionals, and workout partners.

Privacy

Your use of www.prana2thepeople.com is subject to P2P’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.prana2thepeople.com or sending emails to P2P constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

Users and fitness professionals must register with the Site in order to create an account or listing, to access our user search, to comment, or communicate with any other user. If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that P2P is not responsible for third party access to your account that results from theft or misappropriation of your account. P2P and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

P2P does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.prana2thepeople.com only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your subscription at any time. Please contact us at info@prana2thepeople.com with any questions.

Links to third party sites/Third party services

www.prana2thepeople.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of P2P and P2P is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. P2P is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by P2P of the site or any association with its operators.

Certain services made available via www.prana2thepeople.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.prana2thepeople.com domain, you hereby acknowledge and consent that P2P may share such information and data with any third party with whom P2P has a contractual relationship to provide the requested product, service or functionality on behalf of www.prana2thepeople.com users and customers.

No unlawful or prohibited use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.prana2thepeople.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to P2P that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of P2P or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. P2P content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of P2P and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of P2P or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

P2P has no obligation to monitor the Communication Services. However, P2P reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. P2P reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

P2P reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in P2P’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. P2P does not control or endorse the content, messages or information found in any Communication Service and, therefore, P2P specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized P2P spokespersons, and their views do not necessarily reflect those of P2P.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Your Content: License

(a) In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

(b) You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free license] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

(c) You grant to us the right to sub-license the rights licensed under Section

(d) You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

(e) You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

(f) You may edit your content to the extent permitted using the editing functionality made available on our website.

(g) Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.

Your Content: Rules

You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  • (a) be libellous or maliciously false;
  • (b) be obscene or indecent;
  • (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • (d) infringe any right of confidence, right of privacy or right under data protection legislation;
  • (e) constitute negligent advice or contain any negligent statement;
  • (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  • (g) be in contempt of any court, or in breach of any court order;
  • (h) be in breach of racial or religious hatred or discrimination legislation;
  • (i) be in breach of official secrets legislation;
  • (j) be in breach of any contractual obligation owed to any person;
  • (k) depict violence in an explicit, graphic or gratuitous manner;
  • (l) be pornographic, lewd, suggestive or sexually explicit;
  • (m) be untrue, false, inaccurate or misleading;
  • (n) constitute spam;
  • (o) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  • (p) cause excessive annoyance, inconvenience or needless anxiety to any person.

Code of Conduct

P2P is an intentionally positive community that recognizes and celebrates the creativity and collaboration of independent users (and independence) and the diversity of people and opinions that they bring to Prana2thePeople.

Prana2thePeople is an inclusive environment, based on treating all individuals respectfully, regardless of gender (including transgender status), sexual orientation, age, disability, medical conditions, nationality, ethnicity, religion (or lack thereof), physical appearance, or software preferences.

We value and expect respectful behavior from all users on the Site, which includes:

  • Be considerate, kind, constructive, and helpful.
  • Avoid demeaning, discriminatory, harassing, hateful, or physically threatening behavior, speech, and imagery.

Materials provided to www.prana2thepeople.com or posted on any P2P web page

P2P does not claim ownership of the materials you provide to www.prana2thepeople.com (including feedback and suggestions) or post, upload, input or submit to any P2P Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting P2P, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. P2P is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in P2P’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your P2P account to third party accounts. By connecting your P2P account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by P2P from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the P2P Content accessed through www.prana2thepeople.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless P2P, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. P2P reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with P2P in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, 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.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRANA2THEPEOPLE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PRANA2THEPEOPLE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PRANA2THEPEOPLE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRANA2THEPEOPLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRANA2THEPEOPLE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. P2P SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD PARTY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction 

P2P reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and P2P as a result of this agreement or use of the Site. P2P’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of P2P’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by P2P with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and P2P with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and P2P with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Trademarks

The trademarks, logos, service marks, brand identities, title, trade names, graphics, designs, copyrights and other properties appearing within the Site are protected intellectual properties that are registered and unregistered trademarks of P2P. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of P2P or such third party that may own the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content herein, is strictly prohibited.

Changes to Terms

P2P reserves the right, in its sole discretion, to change the Terms under which www.prana2thepeople.com is offered. The most current version of the Terms will supersede all previous versions. P2P encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

P2P welcomes your questions or comments regarding the Terms:

Email: info@prana2thepeople.com

Effective as of May 31, 2016

 

 

 

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the http://www.prana2thepeople.com and Prana2thePeople and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Prana2thePeople include http://www.prana2thepeople.com and P2P. The P2P website is a online fitness directory and social networking site. By using the P2P website, you consent to the data practices described in this statement.

Collection of your Personal Information

P2P may collect personally identifiable information, such as your name. If you purchase P2P’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. P2P may also collect anonymous demographic information, which is not unique to you, such as your age, gender and city, state/ province, country, spoken languages, job title, fitness interests. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by P2P. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the P2P website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through P2P’s public message boards, this information may be collected and used by others.

P2P encourages you to review the privacy statements of websites you choose to link to from P2P so that you can understand how those websites collect, use and share your information. P2P is not responsible for the privacy statements or other content on websites outside of the P2P website.

Use of your Personal Information 

P2P collects and uses your personal information to operate its website(s) and deliver the services you have requested.

P2P may also use your personally identifiable information to inform you of other products or services available from P2P and its affiliates. P2P may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

P2P does not sell, rent or lease its customer lists to third parties.

P2P may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. P2P may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to P2P, and they are required to maintain the confidentiality of your information.

P2P may keep track of the websites and pages our users visit within P2P, in order to determine what P2P services are the most popular. This data is used to deliver customized content and advertising within P2P to customers whose behavior indicates that they are interested in a particular subject area.

P2P will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on P2P or the site; (b) protect and defend the rights or property of P2P; and, (c) act under exigent circumstances to protect the personal safety of users of P2P, or the public.

Use of Cookies

The P2P website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize P2P pages, or register with P2P site or services, a cookie helps P2P to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same P2P website, the information you previously provided can be retrieved, so you can easily use the P2P features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the P2P services or websites you visit.

Security of your Personal Information

P2P secures your personal information from unauthorized access, use or disclosure.

Children Under Thirteen

P2P does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Disconnecting your P2P Account from Third Party Websites

You will be able to connect your P2P account to third party accounts. BY CONNECTING YOUR P2P ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED INTHIS MANNER, DO NOT USE THE THIS FEATURE. You may disconnect your account from a third party account at any time. Site Users may disconnect their accounts from third-party websites by visiting their “My Account” page. Site Members may also disconnect their listing profiles from third-party websites by visiting the “listings” tab on their main profile page..

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from P2P by contacting us here:

Email: info@prana2thepeople.com

Changes to this Statement

P2P will occasionally update this Statement of Privacy to reflect company and customer feedback. P2P encourages you to periodically review this Statement to be informed of how P2P is protecting your information.

Contact Information

P2P welcomes your questions or comments regarding this Statement of Privacy. If you believe that P2P has not adhered to this Statement, please contact P2P here:

Email: info@prana2thepeople.com

Effective as of May 31, 2016