AGREEMENT TO TERMS
COPYRIGHT, TRADEMARK AND USAGE
The use of third-party names, logos, service marks and trademarks in the App is agreed upon by that third party and the same rules apply. Our use of any third-party names, logos, service marks and trademarks, and the availability of the services of these third parties, does not imply that we endorse the third party or their services.
You agree not to reproduce, retransmit, distribute, sell, publish, broadcast or otherwise make available any of the Content or Services of the App. You will not modify, adapt, translate, use on any other web site or create a derivative work of such Content, in whole or in part. You agree not to attempt to obtain or use Content and Services through any means not intentionally made available through the App, nor to attempt to gain unauthorized access to any systems or accounts by any means.
None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Provider.
REGISTRATION AND SUBSCRIPTION
Certainof the Services and related features made available on App may require registration, purchase or subscription.
- Should you choose to register, purchase or subscribe for any such Services, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete
- Should you choose to use any subscription-based services, you agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services. All fees are non-refundable
- Each user of subscription services must have their own personal account. You agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers chosen or assigned in association with your account. Accounts may not be shared or resold. You agree to be responsible for all activities that occur under such password or account, and to notify Provider of any unauthorized use of your password or account. You agree to exit from your account at the end of each session in shared computer environments. Provider shall not be responsible or liable in any way for any loss or damage of any kind in connection with your failure to comply with this Section
- You may terminate your subscription at any time, which termination will only be effective at the end of your current subscription period
- You are solely responsible for and must provide all computer, network, software and other equipment necessary to access the App
USER CONTENT, COMMUNICATION AND SUBMISSION
Certain areas of the App may allow users to post, transmit or submit messages, communication, images, video, audio or other content (collectively “User Content”) for viewing by other members and/or the general public. User Content provided by you will remain your property. Provider does not endorse and has no control over the content over such User Content. Provider makes no warranties, express or implied, as to the content, accuracy or reliability of any User Content.
You are solely responsible for the User Content that you upload, publish or display on or through the Service or the App, or transmit to or share with other users. You may not post, transmit, or share User Content on the App that you did not create or that you do not have permission to post. You agree to refrain from posting, delivering or providing links to any unlawful (according to local, state, federal, or international law or regulation) postings to or through the App, or any postings which advocate illegal activity.
Provider assumes no responsibility for actively monitoring User Content. If at any time Provider chooses, in its sole discretion, to monitor User Content, it nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. Provider reserves the right to edit, restrict or remove User Content for any reason at any time.
You agree that your activities on the App (including without limitation any User Content, messages or other communication) will not
- take action that might compromise the security of the App, render it inaccessible to others, or otherwise cause damage to the App or any Content contained on the App
- copy, distribute, modify, transmit, re-use, re-post, or otherwise display Content for public or commercial purposes without our prior written permission to the use of such Content
- frame or reproduce any parts of the App without our permission
- constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state, national or international law, including infringement of copyright, patents, trademarks, laws governing trade secrets, rights of privacy, or publicity;
- transmit content Provider considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically, libelous or otherwise objectionable;
- postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability;
- upload, post, transmit, share, store or otherwise make available any text, images, or videos other than those of a personal nature that: (i) are of you or your associates, (ii) are taken by you or your associates, or (iii) are original art or animation created by you or your associates;
- harm minors in any way;
- intimidate or harass another;
- impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
- advertise, promote or intend to solicit any products, services, donations or other web sites;
- transmit any virus or other harmful component or otherwise disrupt the operation of the App in any way;
- attempt to gain unauthorized access to any App, other accounts, computer systems or networks connected to any App, through hacking, password mining or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the App.
ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE THE ACCURACY OF THE INFORMATION ON THE APP, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE APP, ITS CONTENTS OR ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THE APP FOR ANY PURPOSE. THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
PROVIDER DOES NOT GUARANTEE THAT THE SERVICES WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS. THE SERVICE PROVIDER RESERVES THE RIGHT TO MODIFY THE APP OR SERVICE AT ANY TIME. IF YOU ARE DISSATISFIED WITH THE APP OR SERVICE YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE APP.
THE RECOMMENDATIONS OF PROVIDER ARE NOT GUARANTEED TO IMPROVE PERFORMANCE OR ACHIEVE SPECIFIC RESULTS. YOU ACKNOWLEDGE THAT SUCCESS DEPENDS ON ATHLETE MOTIVATION, HEALTH, NATURAL ABILITIES, COMMITMENT, AND NUMEROUS OTHER FACTORS OUTSIDE OF OUR CONTROL.
USE OF THE APP AND SERVICES, AND ANY INFORMATION CONTAINED WITHIN, IS STRICTLY AT YOUR SOLE RISK.
HEALTH DISCLAIMER, ACCURACY OR AUTHENCITY OF INFORMATION
Because the information displayed on the App and its subparts was compiled from various sources, we do not endorse, warrant or guarantee the accuracy, authenticity or completeness of any information or references displayed on the App. Any information pertaining the sports, physical or mental training provided on the App is intended for informational purposes only. Provider assumes no responsibility or liability for the information found on the App, or for damage or injury to persons or property arising from the use of any product, information or idea contained in these materials. No information on this App should be considered as giving legal, medical or healthcare advice or diagnosis by us. The information on the App is not a substitute for professional consultation and diagnosis by a physician.
You acknowledge and agree that any physical activity or training includes inherent risks, including the potential for serious injury or death. You should consult a medical professional before beginning any fitness program, including any exercises or techniques described on this App. Illustration and description of exercise, nutritional and fitness techniques is educational only, and does not imply advice that you or any other user perform the technique. You agree that you will consult with and are cleared by a medical professional in relation to the performance or participation in any tasks or techniques described on the App. Your use of information on this App is voluntary and with full knowledge and personal assumption of all dangers and risks.
Some links within the App may lead to external third-party web sites. Any such links are provided as a convenience only and not as an endorsement by Provider. We are not responsible or liable for any such sites and do not operate or control any of the information, products or services on these sites, nor endorse or make any representation or warranty regarding these sites. If you follow any external links, you do so at your own risk. You agree that Provider is not responsible or liable in any way for the accuracy, legality, decency, safety or fitness for use of the material contained in any site linked from this App.
You have the sole and exclusive right to create and upload any personal information about you that you or a service provider acting on your behalf uploads to the App, including contact information, App preferences, events, health information, interests, goals and family member information (“Consumer Data”). You also have the sole and exclusive right to modify and remove personal information with the exception of certain information that can only be removed by deleting your account.
NOTICE OF CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and expect our users to do the same. Upon receiving proper notice, we will act to remove or disable access to material as set forth in the Digital Millennium Copyright Act. Any notifications of claimed copyright infringement must be sent to us at the address below. When notifying us of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyrighted material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
INDEMNITY BY USERS
In consideration of your being permitted to use this App, you (on your own behalf and by any other person on your behalf) agree to defend, indemnify and hold harmless Provider and its respective past, present and future shareholders, officers, employees and agents, including all third parties mentioned on the App (each, a “Released Party”), from and against any and all claims, cost, expense, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the App or Services.
You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of fitness or health information and that you will not sue any Released Party based on such information or advice.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS APP OR UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA, EVEN IF A PROVIDER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROVIDER TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS APP DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
GEOGRAPHY, GOVERNING LAW AND JURISDICTION
Provider makes no representation or warranty that the App or any of the Services are appropriate or available for use at any locations outside North America. If you access the App from outside the United States, you are responsible for compliance with all applicable laws.
77 E. Idaho Ave. Suite 300
Meridian, ID 83642
Date this policy was most recently revised: April 2017