If you use the Site to search for employees, view resumes, post jobs, or otherwise contact a professional through the Site, you are an "Employer." We may also sometimes refer to Employers on the Site as a “Job Poster” when they are only using the Site to post jobs for their organization, and review job applications and resumes. Section 9 of this Agreement contains specific provisions applicable to you if you are using the Site as an Employer. Please review the terms of Section 9 carefully.
If you use the Site to search for, or apply for jobs through the Site, as a prospective new employee or contractor, you are a "Candidate." We may also sometimes refer to Candidates in this Agreement as “Job Seekers” when they are only using the Site to search for, or apply for jobs through the Site or upload resumes to the Site. Section 8 of this Agreement contains specific provisions application to you if you are using the Site as a Candidate. Please review the terms of Section 8 carefully.2. 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.
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Site by changing the settings in your Settings page. When creating your account or uploading information to the Site through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify IDEA immediately of any breach of security or unauthorized use of your account. IDEA will not be liable for any losses caused by any unauthorized use of your account.3. Code of Conduct
In using the Site, 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.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request messages to the IDEA servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that IDEA grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information from the Site, except as expressly permitted by the features of the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
You are solely responsible for your interactions with other Site Users, including Candidates if you are an Employer, and Employers if you are a Candidate. We reserve the right, but have no obligation, to monitor disputes between you and other Users. IDEA shall have no liability for your interactions with other Users, or for any User's action or inaction. IDEA shall have no obligation to you to enforce this Agreement against any other User.4. 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 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. 5. 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 [firstname.lastname@example.org] 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.
If you have registered for a live event, including but not limited to an Expo Hall Pass, your badge will contain your contact information. By having your badge scanned, your name, mailing address, phone number and e-mail address may be obtained by the scanning exhibitor.
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.6. 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.
The Site may allow Users to post content such as job and company information, application information, logos, trademarks, comments, questions, and other content or information ("User Content").
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. IDEA reserves the right, but is not obligated, to reject and/or remove any User Content that IDEA believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit, that IDEA’s use of your User Content in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
IDEA takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends through the Site. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that IDEA shall not be liable for any damages you allege to incur as a result of User Content.
By using the Site, you acknowledge that we do not have control over the quality, timing, or legality of the information uploaded to the Site by Users. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Candidates or Employers. We do not refer or recommend either Candidates or Employers, nor do we make any representations about the integrity, responsibility or actions of Candidates or Employers whether in public, private or offline interactions.7. 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.
The provisions of this Section 8 of the Agreement are specific to Users that use the Site as Candidates (including as Job Seekers). If you are using the Site as a Candidate, then in the event of a conflict between the provisions of this Section 8 and the rest of the Agreement, the provisions of this Section 8 will control.
A. Accounts If you indicate in your Account that you are interested in job opportunities, you must be permitted to legally work within your applicable jurisdiction.
In addition to applying for a job posting as a “Job Seeker”, you can also browse the Site and receive job alerts from the Site regarding jobs that may be of interest to you (“Job Alerts”).
B. Job Applications As a registered Job Seeker you will be able to submit job applications through the Site (“Job Applications”) for jobs that are listed on the Site (“Job Listings”). You will have the ability to choose how to submit your Job Application through the Site using the options offered through the Site.
Please note that once you have submitted a Job Application through any feature of the Site, your resume and other applicable information will be shared with the Employer that posted the Job Listing. You should therefore ensure that the information in your User Profile is complete and accurate, and only contains information you are comfortable sharing with Employers, prior to submitting a Job Application.
C. Candidate Database In addition to submitting Job Applications through the site, you will have the opportunity to, but will not be required to, elect to include your profile as part of the Site’s candidate database (the “Candidate Database”) at the time you register to use the Site. If you do not elect to include your profile in the Candidate Database at the time you register to use the Site, as a registered Job Seeker you may subsequently elect to include your profile in the Candidate Database by adjusting the settings in your account.
D. Interactions with Employers and other Persons Contacting You Through the Site You are solely responsible for your interactions with Employers and other persons who you contact, or who contact you, through the Site. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile. Only list the contact information on your profile or Job Applications that you are comfortable disclosing to Employers and other Users of the Site.
Although IDEA requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Site, IDEA cannot and does not guarantee that the information you provide to Employers through the Site as part of a Job Application or resume will be held in confidence or properly secured by each applicable Employer. In addition, IDEA takes no responsibility and assumes no liability for any Job Listing that any Employer posts or sends through the Site. You agree that IDEA is not responsible or liable for the conduct of any Employer.9. Provisions Specific to Users Who are Employers or Who Contact Professionals on the Site
The provisions of this Section 9 of the Agreement are specific to Users that use the Site as Employers or who contact professionals through their profiles. If you are using the Site as an Employer or contacting a professional through a profile, then in the event of a conflict between the provisions of this Section 9 and the rest of the Agreement, the provisions of this Section 9 will control.
If you are an Employer or are otherwise contacting a professional on the Site, you agree that you will not use the Site to post or promote any position that contains inaccurate, false, or misleading information; includes any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples. You agree not to use the Site to post or promote any position that is compensated on a commission basis only, unless clearly stated in your posting. When using the Site, you are responsible for ensuring that your use of the Site is in compliance with applicable law.
A. Employer Accounts and Authorized Users As an Employer, you are responsible for all activity, acts or omissions by any of your personnel that create an Account to use the Site (“Authorized Users”). Accounts may not be shared between different Employer personnel. Employer shall ensure that Authorized Users comply with this Agreement, and shall promptly notify IDEA of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account or any other known or suspected breach of security. Employer shall cooperate with IDEA with respect to: (i) investigation by IDEA of any suspected or alleged violation of this Agreement and (ii) any action by IDEA to enforce this Agreement. IDEA may suspend or terminate an Authorized User’s access to the Site in the event that IDEA reasonably determines that such Authorized User has violated this Agreement or appears likely to do so. Employer shall be liable to IDEA for any violation of this Agreement by an Authorized User.
C. Removal of Job Listings You acknowledge and agree that IDEA may, with no liability or penalty, remove any Job Listing, content, communication or information posted, which in the sole judgment of IDEA, violates or may violate this Agreement, applicable laws, rules or regulations; may adversely affect IDEA; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
D. Database Access If you are accessing the Candidate Database as an Employer, then subject to the terms and conditions of this Agreement, IDEA hereby grants you as an Employer a limited, revocable, non-transferable, non-exclusive right to access the Database from the Site for the limited purpose of viewing profiles solely for use by the Employer. If you use or access the Database as an Employer, you agree to comply with the following rules regarding access to the Database:
You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Candidate.10. 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.
If you use the Site on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.21. Provisions Specific to Users who Attend a Live Event: Waiver of Liability
Note: You are free to participate in numerous workshops and other strenuous physical activities during the conference. We advise that if you are currently taking medication, have any physical ailment or are otherwise not in excellent physical condition suitable for such strenuous activity, your participation could be injurious to you. You should seek medical advice regarding these matters BEFORE participating in this program.
THIS CONSENT AND WAIVER IS A RELEASE OF CLAIMS, AND BY AGREEING TO IT, YOU RELINQUISH CERTAIN LEGAL RIGHTS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CONTINUE WITH YOUR REGISTRATION. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY OBTAIN A REFUND OF MONIES PAID FOR REGISTRATION. IF THIS CONSENT AND WAIVER WAS ACCESSED ELECTRONICALLY, AND YOU DO NOT AGREE TO THE TERMS CLICK “DISAGREE”.
I assert that any and all participation by me in physical activity at this Conference/Convention, whether in sessions, in the exhibit halls, or elsewhere on the grounds, will be voluntary. In consideration for being allowed to participate in this Conference/Convention, I, on behalf of myself, my spouse, my heirs, and my estate, hereby release, waive, indemnify, and save harmless IDEA Health & Fitness Inc. (“IDEA”) and all IDEA employees, volunteers, or agents, from liability from any and all physical or other injuries or harm (including those resulting from the ordinary negligence of IDEA, its employees, volunteers, or agents) suffered by me during, or as a consequence of, participation in any and all physical activity associated with the Conference/Convention.
I further understand that there are serious inherent risks involved with all physical activity and that when performing exercise routines or engaging in any similarly strenuous activity, I may suffer minor injury, serious injury, or even death. I understand these inherent risks, and I assume all such inherent risks associated with participation in any activities in conjunction with the IDEA Conference/Convention and release IDEA, all employees, volunteers, or agents from liability.
I further represent to IDEA that I am in excellent health and physical condition and that I am not disabled in any way, taking medication, or suffering from any condition that would prevent me from safely engaging in such activities or that would make such participation potentially dangerous or harmful for me.
I understand that IDEA may photograph, film, video capture or audio capture some or all of the event, and it is possible that I will be filmed, taped or recorded. By agreeing with this document, I agree to these conditions.
IDEA may, but need not, photograph, film, video capture or audio capture me in connection with the event.
IDEA will own all or part of any such photograph, film, video capture or audio capture, and further that IDEA may employ any such film, tape or recording for any and all commercial or noncommercial purposes without payment of any kind to me and without further notice tome or permission from me.
I understand that IDEA and its licensees shall own all right, title and interest in any photographs, films, video capture and/or audio capture taken at the Convention/Conference by IDEA or by photographers, videographers, and the like commissioned by IDEA for the purpose of advertising future events or otherwise as IDEA shall reasonably determine. Photographs may be released to the news media that are reporting on the event. IDEA shall have the right to the use of my likeness and similar characteristics contained in photographs, films, video capture and/or audio capture taken of me at the Convention/Conference for the purpose of advertising, promoting, selling, and otherwise merchandising for future events or otherwise.
I hereby release and discharge IDEA, its employees, agents, licensees, successors and assigns from any and all claims, demands or causes of actions that I may have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or violation of any other right arising out of or relating to any utilization of any photographs, films, video capture and/or audio capture taken at the Convention/Conference by IDEA.
I hereby, for myself, my heirs, executors and administrators, waive, release, and discharge any and all claims of damages for death, personal injury or property damage which I may have, or which may hereafter accrue to me, as a result of my participation in the Conference/Convention. The release is intended to discharge in advance IDEA, its employees, volunteers, and agents from and against any and all liability arising out of or connected in any way with my participation in the Conference/Convention, even though that liability may arise out of negligence or carelessness on the part of the persons or entities mentioned above. I further understand that serious accidents occasionally occur during physical activity and that participants can sustain mortal or serious personal injuries as a consequence.
Knowing the risks of participation, I nevertheless hereby agree to assume those risks and to release and hold harmless all of the persons or entities mentioned above who (through negligence, carelessness or otherwise) might be liable to me or my heirs or assigns, for damages. It is further understood and agreed this waiver, release and assumption of risks is to be binding on my heirs and assigns.
IDEA is not responsible for failing to perform if failure is caused by circumstances or events outside IDEA’s reasonable control, which shall include but not be limited to acts of God or nature, terrorist attacks, war, union or labor disputes or other events out of its control.
I HAVE CAREFULLY READ, I UNDERSTAND, AND, AS AN INDUCEMENT TO IDEA TO ALLOW ME TO PARTICIPATE IN THIS CONFERENCE/CONVENTION, I AGREE TO THE FOREGOING.
This waiver shall be governed by and construed in accordance with the laws of the State of California, and any suit or action arising hereunder shall be filed in a Court of competent jurisdiction within the State of California.