The Fitness Institute Australia (FIA Pty Ltd) respects your privacy and gives you as much control as possible over your own personal information. We neither require you to tell us who you are nor request any information about yourself. Should you choose to provide us with information about yourself (for example, an eMail you send us, desiring us to reply or correspond with you), your information shall be kept confidential. If you inform us that you do not want us to use this information as a basis for future contact with you, we shall respect your wishes.

While FIA Pty Ltd does keep track of the domains from which visitors view our site ( www.fia.com.au ), we only analyse this data for trends and statistics. Note that FIA Pty Ltd does not sell, trade, or give away any domain information. Such information is used strictly for internal purposes to provide better service for you. The FIA Pty Ltd's web site (www.fia.com.au), may contain links to other web sites. Please be advised that our privacy policy does not pertain to these linked sites. We encourage you to review others' privacy statements whenever accessing another site.

1. Representations

You represent that:
(a) you have read and agree to be bound by the terms,

(b) you will comply with any Australian law, regarding the transmission of any data obtained from www.fia.com.au in accordance with the terms,

(c) you will not use www.fia.com.au for illegal purposes, and

(d) you will not interfere or disrupt any network connected to www.fia.com.au.

2. Intellectual property
www.fia.com.au , including, but not limited to text, content, photographs, and graphics, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Australia and other countries. www.fia.com.au is also protected as a collective work or compilation under Australia copyright and other laws and treaties. You agree to abide by all copyright notices or restrictions contained within www.fia.com.au .

3. Restrictions on use
You may not use www.fia.com.au for any illegal purpose or in any manner that is not consistent with the terms. You agree to use www.fia.com.au solely for your own non commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained within www.fia.com.au in any way that would compete with the business of the www.fia.com.au .

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You acknowledge that FIA Pty Ltd web site (www.fia.com.au ), has been developed, compiled, prepared, revised, selected and arranged by FIA Pty Ltd and others, through the application of various methods and judgement standards, developed and applied by spending substantial time, effort and money and constitutes valuable intellectual property and trade secrets of FIA Pty Ltd and such others. You agree to protect the proprietary rights of FIA Pty Ltd and all others having rights in FIA Pty Ltd during and after the term of this agreement and to comply with all reasonable requests made by FIA Pty Ltd. Or its suppliers of content, equipment or otherwise ("suppliers") to protect theirs¹ and others'

contractual, statutory and common law rights in FIA Pty Ltd. You agree to notify FIA Pty Ltd. Promptly upon becoming aware of any unauthorised access or use of www.fia.com.au, by any party or of any claim that FIA Pty Ltd infringes upon any copyright, trademark, or other contractual, statutory or common law rights.

You may not copy, reproduce, recompile, decompile, disassemble, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of www.fia.com.au , except that you may download material from www.fia.com.au and/or make one print copy for your own personal, non commercial use. The analysis and presentation included in www.fia.com.au may not be recirculated, redistributed or published by you without FIA Pty Ltd, prior written consent.

Modification of www.fia.com.au content would be a violation of FIA Pty Ltd copyright and other proprietary rights. Additionally, you may not offer any part of www.fia.com.au for sale or distribute it over any other way, including, but not limited to, a hyperlink frame, or a computer network.

www.fia.com.au and the information contained within the site may not be used to construct a database of any kind. www.fia.com.au may not be stored (in full or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service. You may not use www.fia.com.au in any way to improve the quality of any data sold or contributed by you to any third party. You may not use any of FIA Pty Ltd trademarks, trade names, or service marks in any manner which creates the impression that such names and marks belong to, or are associated with you, or are used with FIA Pty Ltd consent and you acknowledge that you have no ownership rights, in and to any of these names and marks.

4. License
You have no rights or licenses in or to FIA Pty Ltd and materials contained on the FIA Pty Ltd web site (www.fia.com.au), other than the limited right to use www.fia.com.au in accordance with the terms. In the event that you choose to download content from www.fia.com.au, you must do so in accordance with the terms. Such download is licensed to you by FIA Pty Ltd only for your own personal, non commercial use in accordance with the terms and does not transfer any other rights to you

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5. Rights reserved
All present and future marks in and to trade secrets, patents, copyrights, trademarks, service marks, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to www.fia.com.au (the "intellectual property rights") shall remain the sole and exclusive property of FIA Pty Ltd.

All present and future rights in and title to www.fia.com.au are reserved to FIA Pty Ltd, for its exclusive use. Except as permitted by the terms, you may neither:

1) copy or make any use of www.fia.com.au or any portion of it, nor

2) use the trademarks, trade names, service marks, trade dress, logos or titles of FIA Pty Ltd. Or FIA Pty Ltd, or the names of any individual participant in, or contributor to, FIA Pty Ltd , or any variation of www.fia.com.au, for any purpose, without FIA Pty Ltd prior written consent.

6. Disclaimer and limitation of liability
You agree that your use of www.fia.com.au is at your sole risk and acknowledge that www.fia.com.au and anything contained thereon, including, but not limited to, content, services, goods, or advertisements ("related materials") are provided "as is", and that FIA Pty Ltd, makes no warranty of any kind, express or implied, as to the related materials, including, but not limited to, merchantability, non infringement, title or fitness for a particular purpose or use of www.fia.com.au does not warrant that www.fia.com.au is free of errors, viruses, or other potentially damaging forces and is not liable for any damage that you may suffer as a result of these or other forces.

You agree that FIA Pty Ltd shall have no responsibility or liability for

a) any injury or damages, whether caused by negligence of FIA Pty Ltd its employees, agents, subcontractors, or otherwise arising in connection with www.fia.com.au and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against FIA Pty Ltd by any other party or

b) any fault, inaccuracy, omission, delay or any other failure in www.fia.com.au caused by your computer equipment or arising from your use of www.fia.com.au on such equipment. The content of other web sites, services, goods, or advertisements that may be linked to www.fia.com.au is not controlled or maintained by FIA Pty Ltd and as such, FIA Pty Ltd is not responsible for the accuracy, content, or availability of other web sites, services or goods that may be linked to, or advertised on www.fia.com.au.

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FIA Pty Ltd does not:

(a) make any warranty, express or implied, with respect to the use of the links provided on www.fia.com.au

(b) guarantee the accuracy, completeness, usefulness or adequacy of an other web sites, services, goods or advertisements that may be linked to www.fia.com.au, or

(c) make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to www.fia.com.au. FIA Pty Ltd is not responsible for the reliability or continued availability of the telephone lines and equipment that you use to access www.fia.com.au. FIA Pty Ltd and/or contributors to www.fia.com.au may choose at any time to inhibit or prohibit their content from being accessed under the terms.

You acknowledge that

(a) FIA Pty Ltd includes information taken from various sources and

(b) FIA Pty Ltd does not guarantee the accuracy, completeness, or timeliness of www.fia.com.au. FIA Pty Ltd it¹s officers and employees, affiliates, and third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for
(i) any inaccuracies or errors in or omissions from www.fia.com.au,

(ii) any delays, errors or interruptions in the transmission or delivery www.fia.com.au or

(iii) any loss or damage arising there from, or by any reason of non performance. 7.

Limitation of liability
Under no circumstances, including but not limited to negligence, shall FIA Pty Ltd, it¹s suppliers and it¹s third party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages, even if a FIA Pty Ltd authorised representative has been advised specifically of the possibility of such damages, arising from use of or inability to use www.fia.com.au, or any provision of the terms, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.

In no event shall FIA Pty Ltd 's total liability to you for all damages, losses, causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this site.

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8. Indemnification
You agree, at your own expense, to indemnify, defend, and hold harmless FIA Pty Ltd and its employees, representatives, suppliers, and agents, against any claim, suit, action, or other proceeding brought against FIA Pty Ltd it¹s employees, representatives, suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against FIA Pty Ltd it¹s employees, representatives, suppliers, and agents is based on or arises in connection with www.fia.com.au, including but not limited to

(a) your use (or someone using your computer) of www.fia.com.au;

(b) a violation of the terms by you or anyone using your computer;

(c) a claim that any use of www.fia.com.au by you or someone using your computer infringes any intellectual property right of any third party, or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party;

(d) any deletions, additions, insertions, or alterations to, or any unauthorised use of, www.fia.com.au by you or someone using your computer;

(e) any misrepresentation or breach of representation or warranty made by you contained herein; or

(f) any breach of any covenant or agreement to be performed by you hereunder.You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

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9. Right to terminate
Either you or FIA Pty Ltd may terminate the terms with or without cause at any time and effective immediately. You may terminate the terms by discontinuing use of www.fia.com.au. These terms will terminate immediately without notice from FIA Pty Ltd. If you, in FIA Pty Ltd's sole discretion, fail to comply with any provision of these terms. Upon termination by you, or upon notice of termination by FIA Pty Ltd. You must destroy promptly all materials obtained from www.fia.com.au and any copies thereof. Sections two through eight (2-8) and ten (10) shall survive any termination of the terms.

10. Governing Law
This agreement between us shall be governed by and construed in accordance with the laws of Australia without reference to any conflicts of law principles. You agree to submit to the relevant state and federal courts with respect to any legal proceedings that may arise in connection with FIA Pty Ltd or from a dispute as to the interpretation or breach of the terms.

11. Use of www.fia.com.au outside Australia
FIA Pty Ltd does not represent that materials in www.fia.com.au are appropriate or available for use in countries outside Australia if you choose to access www.fia.com.au from outside Australia, you are responsible for compliance with foreign and local laws.

12. Content changes
You accept that FIA Pty Ltd in its sole discretion has the right to change the content or technical specifications of any aspect of www.fia.com.au at any time. You further accept that such changes may result in your being unable to access www.fia.com.au.

13. Severance
If any provision of the terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this agreement will remain in force.

14. Contact information
Should you have any questions concerning this agreement contact FIA Pty Ltd.

© FIA Pty Ltd & www.fia.com.au. All Rights Reserved, 2007.

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