FAQ | Allan Besselink

Terms And Conditions

2013-03-12T03:46:09Z

Terms And Conditions Of Use ("Terms")

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.

1. Acceptance: Your access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and using this Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use the Site!

2. Revisions: Allan Besselink ("AB") reserves the right to revise and update these Terms and Conditions at any time by updating this posting. Your continued usage of the Site will mean that you accept those changes and are bound by any such revisions. It is your responsibility to periodically visit this page to review the current Terms and Conditions to which you are bound.

3. Medical Information: The contents of the Site, such as text, graphics, images, information obtained from AB's licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is not a substitute for a medical exam, nor does it replace the need for services provided by a medical professional. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! Reliance on any information provided by AB, employees, others appearing on the Site at the invitation of AB, or other visitors to the Site is solely at your own risk.

4. Use Of Content: AB authorizes you to view or download a single copy of the material on the Site ("Content) solely for your personal, noncommercial use if you include the following copyright notice: "Copyright 1992 - 2022 Allan Besselink" and other copyright and proprietary rights notices that are contained in the Content. You may not distribute, modify, transmit, broadcast, reuse, repost, or use the Information for commercial purposes, or permit or assist any third party to do the same, without written permission of AB. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with AB or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of AB. All rights not expressly granted herein are reserved to AB and its licensors.

Unless otherwise noted, licensing of the Content is under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

5. Intellectual Property Rights: Unless specifically noted, you should assume that all product names appearing on this Site, whether or not appearing in large print or with the trademark symbol are trademarks of AB. This Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of AB and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of AB and/or other parties is granted to or conferred upon you.

6. Disclaimer of Liability: The Site and the Content are provided on an "as is" basis. The use of the Site and the Content is at your own risk. AB, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, AB, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.

In no event shall AB, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not AB is advised of the possibility of such damages. AB is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred.

AB DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF HEALTHCARE ADMINISTERED WITH THE AID OF CONTENT AVAILABLE ON THE SITE.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of AB and its suppliers. Accordingly, AB assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

7. Link Disclaimer: We provide links to web sites operated by other parties. The links are provided for your convenience only. We are not responsible for the content and performance of these sites. We will endeavor to inform you when you are leaving this Site that the terms of use and privacy policy of the third-party site may be different. However, AB accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policies of third parties. Use of linked sites is strictly at your own discretion and risk including any risks associated with destructive viruses.

AB has not reviewed any or all of the third-party websites which contain links to this Site and is not responsible for the content of any such off-site pages or any other sites linked to the Site. If you wish to link your website to this Site, you may only link to the home page. You may not link to any other pages within this Site without the prior written consent of AB.

8. Registration And Membership: The personal information you submit to the Site is governed by the Privacy Policy. To the extent that there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

If you would like to upload material to the Site and/or interact with the Site (including but not limited to participating in the forums or blogs or setting up a profile), you must register and become a Site member ("Member"). As a result of this, you will have agreed to the Terms of this Site. When you register as a Member, you will be asked to select a user name and password you can then use to access your account and log on to and/or participate in areas of the Site reserved for Members only. We reserve the right to reject user names that are offensive, defamatory, or otherwise unsuitable. You may update certain details via your account.

It is your sole responsibility to 1) control the dissemination and use of sign-in name, user name, and passwords; 2) authorize, monitor, and control access to and use of your account and password; 3) promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.

You agree and confirm that if registering as a Member, you are 18 or over and all information provided by you to us is accurate, true, and up-to-date in all respects and at all times. Under no circumstances may a minor under the age of 13 register as a Member, or submit personal information or other content to the site. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or terminate your Membership immediately.

We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to suspend or terminate your Membership or access to any part of the Site at any time if you breach the Terms or for technical reasons.

9. User Submissions: The Site contains functionality (including but not limited to blogs, message boards, discussion forums, videos, photos, reviews, comments, etc.) that allows users to upload content to the Site (collectively "Public Areas"). You agree that you you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. You agree that you will not send or transmit to AB by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to AB by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area (including media) or if you submit any business information, idea, concept or invention to AB by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted AB a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works or podcasts from, modify, publish, edit, translate, transmit, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. AB may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to AB by email.

You agree to only post or upload media (like photos, videos, or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. It is strictly prohibited to upload media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms or the Privacy Policy.

AB reserves the right to review all media prior to submission to the Site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

10. Member To Member Areas ("Public Areas"): If you use a Public Area, such as a chat room or bulletin board, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. AB is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AB/SSI in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of AB, exposes AB or any of its customers or suppliers to any liability or detriment of any type.

AB reserves the right (but is not obligated) to do any or all of the following:

Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

AB reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. AB has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

11. Information You Supply To Us: AB has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your AB passwords or accounts. You grant AB and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. AB cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using AB tools and services.

Except for information covered by our Privacy Policy, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of AB or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, AB is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

12. Notice And Take Down Procedures (Copyright Agent): If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting AB's copyright agent (contact information to be found at "Contact Us" on this site) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury", you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, AB/SSI maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

13. Consequences: If we become aware that you have violated any of the terms and conditions contained in this Legal Statement, we may immediately take corrective action, including preventing the user from using the services offered by AB and removing any information, data and content put on the Site by the user, at any moment and without notice. If we have been injured by your violation we may, in our sole discretion, seek to recover damages from you.

14. Indemnity: You agree to defend, indemnify, and hold AB, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

15. General: AB is based in Austin, Texas, in the United States of America. AB makes no claims that Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

16. Jurisdiction: You expressly agree that exclusive jurisdiction for any dispute with AB, or in any way relating to your use of the Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving AB or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17. Complete Agreement: Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions and the AB Privacy Policy and Agreement constitute the entire agreement between you and AB with respect to the use of the Site, and Content.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using info@allanbesselink.com or via U.S. mail to AB at PO Box 26161, Austin, TX 78755. We try to answer every email in a timely manner but are not always able to do so.

Privacy Policy

2013-01-01T21:12:30Z

Privacy Policy and Personal Data

In order to provide you with the full range of services on the Site, we are sometimes required to collect information about you. We will use any personal information collected from the Site in accordance with all laws and regulations relating to the protection of personal data.

Personal information you are asked to supply during your use of the Site including that you supply voluntarily as part of the registration process and any other information relating to your Contributions ("Your Data"), will be used by us, our group companies, service providers and other organizations and by subcontractors, employees, agents and advisors (including legal advisors) as follows:

to administer your Membership;
in making decisions about whether any Contributions you seek to upload onto the Site should be accepted, rejected or used;
for marketing purposes where you have specifically agreed to this (see paragraph 10 below); and/or
as set out on the Site or the Terms.

In addition, we may at our discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offense or suspected breach of the Terms by you or otherwise where required by law.

You may be requested to take part in promotional activity and we reserve the right to use your details, photographs and audio and/or visual recordings in any publicity.

Your Data supplied as part of your Membership profile will, unless we tell you otherwise, be able to be seen by other users of the Site so make sure you only provide information you are happy to be seen in this way. You can control some of the information other users see using your "profile" page.

Except as set out in this Privacy Policy (or where we agree otherwise with you e.g. in relation to contacting you for marketing), Your Data will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with our Privacy Policy. By becoming a Member and/or using the Site you are agreeing to Your Data being used as set out in this Privacy Policy and in the Terms.

The information collected on the Site includes:

Users' Internet Protocol (IP) addresses, which are automatically logged by our web server. IP addresses are numbers that can uniquely identify a specific computer or another network device on the internet and are used by us to observe users' interest in this Site (number of visits, etc).
Cookies are very small text files saved to your computer or other device and used to track user navigation around a website. Session cookies are also used to store information on which content, including advertisements, has been seen by a user. Some areas of the Site also use persistent cookies which are permanently stored on the users' computer. We will use such cookies to identify unique users to the Site. They are not cross-referenced with any other information such that an individual person could be identified. Cookies also allow us to make our sites more user-friendly by, for example, allowing us to save your password so that you do not have to re-enter it each time you visit our Site.

We currently contract with several online partners to help manage and optimize our Internet business and communications. We use the services of marketing companies to help us measure the effectiveness of our advertising and how visitors use the Site. To do this, we may use Web beacons and cookies provided by our marketing company on the Site. The type of information we collect includes content viewed, pages, site sections, and videos. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing companies log the information coming from the Site on our behalf, we control how that data may and may not be used and the marketing companies do not have access to your personal data such that you can be personally identified.

The Site contains hyperlinks to websites owned and/or controlled by third parties who have their own privacy policies and we advise you to check them. Advertisers may for example use cookies to track responses to their adverts. We do not accept responsibility or liability for the privacy practices of such third-party websites and you use them at your own risk.

Disabling/Enabling Cookies - users have the ability to accept or disable cookies by modifying the settings in their browser. Disabling cookies, however, may mean that some functionality of the Site may be affected. For further directions on how to disable cookies please click here for the Interactive Advertising Bureau's guidelines: www.allaboutcookies.org/manage-cookies/stop-cookies-installed.html

There are opportunities on the website to receive e-mail communications alerting you to news and offers from us as fully explained before you subscribe. You may unsubscribe from these emails at any time by replying to the email using the "unsubscribe" link.

We will not disclose voluntarily provided details to third parties or use your Data or Contributions in any other way other than set out in this Privacy Policy and the Terms without your prior consent.

If you are 16 or under, please get your parent or guardian's consent beforehand whenever you provide personal information on the Site.

We will hold your Data and Contributions for as long as is necessary and reasonably required for the relevant service or purpose.

Disclosures

2011-04-01T17:17:46Z

Disclosures And Relationships:

I am Founder and Director of Smart Sport International, a company that provides physiotherapy (physical therapy), individualized and group coaching and mentoring services.

I am Founder and Director of the Smart Life Project, a health initiative that provides sports science solutions for training, rehab, and life.

I am the author of "RunSmart: A Comprehensive Approach To Injury-Free Running". This book was first published in 2008, though it has its roots back in 1992!

I sometimes use Amazon Affiliate links to point to books or music that I suggest. You can find these in my "A-List" store.

I am not an affiliate with any other programs at this current time.

I reserve the right to try out advertising on his site. Should you find an ad on the site, you can be certain that I personally endorse that product and I believe that it has value to the community.

Acknowledgements:

All images and content, unless otherwise noted, are used under a Creative Commons License.

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