1. Introduction. This FTP Site (the "Site") is owned and operated by Power Plate International Limited, a company registered in England and Wales under registration number 05688772 and at the address Unit 9A Utopia Village, 7 Chalcot Road, Primrose Hill, London SN5 7UN ("Power Plate," "we," "us" or "our," as appropriate). Power Plate offers this Site as a convenience to its authorized distributors in order to provide a central repository of advertising and marketing materials for Power Plate's products and services. By accessing this site you agree to abide by these terms and conditions.

2. Revisions. Power Plate reserves the right to change, suspend or discontinue, at any time, any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Power Plate also reserves the right to change or modify these terms and conditions, or any part thereof, or to impose new terms and conditions, at any time either by emailing you notification of the new terms and conditions and/or by posting the modified terms and conditions on the Site. All such changes will take effect within thirty (30) days once they have been posted on the Site or emailed to you and you will be deemed to have accepted any such changes by your use of the Site following such time. Therefore, Power Plate encourages you to regularly review these terms and conditions.

3. Intellectual Property. Your use of the Site and the materials made available on the Site grants no ownership rights to you with respect to any Power Plate intellectual property including, without limitation, copyright, trademarks (both registered and unregistered), logos, graphics, photographs, animations, videos and text. Your use of the materials made available on the Site is governed by these terms and conditions and the terms of your distribution or other form of license agreement or authorization with Power Plate. Any use of the materials made available on the Site other than as permitted under these terms and conditions and under your distribution or other form of license agreement or authorization with Power Plate may only be undertaken with Power Plate's prior written authorization.

4. User Name and Password. The Site may be accessed only by Power Plate authorized users. Use of the Site requires a user name and password, which will be assigned to you by Power Plate. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify Power Plate of any unauthorized use of your user name and password.

5. Use of the Site and Termination of Use.
You agree that in using the Site you will not: (i) use the Site in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity (including offences relating to the marketing of medical devices); (ii) use the Site for any purpose other than to obtain copies of advertising and marketing materials for Power Plate's products and services; or (iii) penetrate or attempt to penetrate the security measures protecting the Site. You may not use the Site to post, disseminate or transmit content or materials that expose Power Plate to any liability or adverse impact of any type as determined by Power Plate in its sole discretion, including without limitation materials which are not compliant with Council Directive 93/42/EEC ("The Medical Device Directive") or any local legislation deriving from the Medical Device Directive.

You may not use the Site to post, disseminate, or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy. You may not use the Site to post, disseminate, or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right. Power Plate reserves the right to suspend, restrict or terminate your access to the Site at any time without notice at its sole discretion, without limitation to any of Power Plate's other rights.

6. DISCLAIMER OF WARRANTIES. ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED BY POWER PLATE ON AN "AS IS" AND "AS AVAILABLE" BASIS. POWER PLATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR THE MATERIALS MADE AVAILABLE ON THE SITE. POWER PLATE WILL PROVIDE THE SITE WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THESE TERMS AND CONDITIONS. POWER PLATE DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SITE OR ANY OF THE MATERIALS MADE AVAILABLE ON THE SITE. NOTWITHSTANDING THE PRECEDING SENTENCES OF THIS PARAGRAPH, NOTHING IN THESE TERMS AND CONDITIONS SHALL RESTRICT YOUR RIGHTS UNDER APPLICABLE LAWS AND/OR YOUR STATUTORY RIGHTS.

POWER PLATE DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR THE MATERIALS MADE AVAILABLE ON THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE POWER PLATE WILL USE ALL REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS WITHIN THE SITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO POWER PLATE'S ATTENTION, POWER PLATE DOES NOT WARRANT THAT THE MATERIALS MADE AVAILABLE ON THE SITE WILL BE FREE FROM ERRORS OR OMISSIONS.

POWER PLATE ATTEMPTS TO BE AS ACCURATE AS POSSIBLE. HOWEVER, POWER PLATE DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THE MATERIALS MADE AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. POWER PLATE DOES NOT WARRANT THAT THE CONTENT OF THE MATERIALS MADE AVAILABLE ON THE SITE WILL COMPLY WITH YOUR LOCAL LAWS AND REGULATIONS.

BEFORE USING ANY OF THE MATERIALS MADE AVAILABLE ON THE SITE, POWER PLATE RECOMMENDS THAT YOU REVIEW THE CONTENT OF THE MATERIALS FOR COMPLIANCE WITH YOUR LOCAL LAWS AND REGULATIONS AND THAT YOU NOT USE ANY MATERIALS THAT ARE NOT COMPLIANT WITH YOUR LOCAL LAWS AND REGULATIONS. IN PARTICULAR, IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE MATERIALS YOU USE ARE NOT IN BREACH OF THE MEDICAL DEVICE DIRECTIVE OR ANY LOCAL LEGISLATION DERIVING THEREFROM. THE MEDICAL DEVICE DIRECTIVE PROHIBITS THE USE OF MEDICAL CLAIMS FOR PRODUCTS WHICH HAVE NOT OBTAINED THE APPROPRIATE CERTIFICATION. A MEDICAL CLAIM INCLUDES WITHOUT LIMITATION A CLAIM THAT THE PRODUCT MAY TREAT OR ALLEVIATE INJURY OR DISEASE.

POWER PLATE DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION AT ALL TIMES. ACCESS TO THE SITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS BEYOND POWER PLATE'S REASONABLE CONTROL.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL POWER PLATE, ITS AFFILIATES, PARENTS, OR SUBSIDIARIES BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY POWER PLATE ARISING OUT OF THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE AND YOUR USE OF THE MATERIALS MADE AVAILABLE ON THE SITE.

POWER PLATE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO PARTICIPATE IN THE USE OF THE SITE BY METHODS, MEANS OR WAYS NOT INTENDED BY POWER PLATE.

POWER PLATE SHALL NOT BE LIABLE FOR ANY NON-COMPLIANCE OF THE MATERIALS MADE AVAILABLE ON THE SITE WITH YOUR LOCAL LAWS AND REGULATIONS, INCLUDING THE MEDICAL DEVICE DIRECTIVE AND ANY LOCAL LEGISLATION DERIVING THEREFROM. POWER PLATE SHALL NOT BE LIABLE FOR ANY REVISIONS OR MODIFICATIONS YOU MAY MAKE TO THE MATERIALS MADE AVAILABLE ON THE SITE.

POWER PLATE'S LIABILITY IN TORT, CONTRACT, NEGLIGENCE, PRE-CONTRACT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE MATERIALS MADE AVAILABLE ON THE SITE SHALL BE LIMITED AS SPECIFIED IN YOUR DISTRIBUTION OR OTHER FORM OF AGREEMENT WITH POWER PLATE.

8. Applicable Law. These terms and conditions shall be governed by the laws of England. You agree to submit to the jurisdiction of the Courts of England and Wales.

9. Indemnification/Compensation. You agree to compensate, indemnify, defend, and hold harmless Power Plate, its officers, directors, employees, agents, business partners, affiliates and licensors for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with any violation of these terms and conditions.

10. Severance. Each provision of these terms and conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.