Prior to using the Fitness Updated Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Fitness Updated Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE Fitness Updated SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE Fitness Updated SERVICE IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
Fitness Updated SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE Fitness Updated SERVICE.
1. Who May Use the Fitness Updated Service
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child's use of the Fitness Updated Service. If you have questions about the Fitness Updated, please contact us.
2. Professional Advice and Medical Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE Fitness Updated SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE Fitness Updated SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE Fitness Updated SITE OR AVAILABLE THROUGH ANY Fitness Updated SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE Fitness Updated SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE Fitness Updated SITE IS CONTINUALLY UNDER DEVELOPMENT AND Fitness Updated MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE Fitness Updated SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. Your Representations and Warranties as a Member
In becoming a Member of Fitness Updated with the intent of using the Fitness Updated Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Fitness Updated.
If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of Fitness Updated.
4. General Disclaimers
Fitness Updated provides the Fitness Updated Service on an "as is" and "as available" basis. You therefore use the Fitness Updated Service at your own risk.
Fitness Updated expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fitness Updated makes no representations or warranties:
- That the Fitness Updated Service, or any particular fitness program is suitable for you;
- Regarding the adequacy or safety of the Fitness Updated Service for any particular user;
- That the Fitness Updated Service will meet your personal needs;
- That the Fitness Updated Service will be permitted in your jurisdiction;
- That the Fitness Updated Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party's use of content that you submit;
- That Fitness Updated will continue to support any particular feature of the Fitness Updated Service;
- Concerning sites and resources outside of the Fitness Updated Service, even if linked to from the Fitness Updated Service.
Fitness Updated reserves the right to modify the Fitness Updated Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Fitness Updated Service. Fitness Updated has no obligation to screen or monitor any content and does not guarantee that any content made available on the Fitness Updated Service complies with this Agreement or is suitable for all users. Fitness Updated shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Fitness Updated content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Fitness Updated Service, and no warranties shall apply after such period.
5. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Fitness Updated, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Fitness Updated's, and its affiliates' total liability to you shall not exceed the amounts paid by you to Fitness Updated over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
What information we may collect about you, what we use that information for and when and with whom we share that information.
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
7. Membership Provisions
REGISTRATION: To fully use the Fitness Updated Service, you must register as a member by providing a password, valid email address and valid credit card information. You must provide complete and accurate registration information to Fitness Updated and notify us if your information changes.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Fitness Updated. If you wish to inquire about possible commercial use, please contact us.
Fitness Updated may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Fitness Updated Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately.
Auto billing; Subscription Fees; Free Trial Terms. The Fitness Updated Service is a paid, auto-renewing subscription service. If you purchase a subscription you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.
Your Fitness Updated membership begins when you have completed sign-up process (i.e., when we collect your payment information). Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits.
At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected.
These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your account, My Profile, and click cancel subscription. Your cancellation will take effect starting at the end of your current billing period.
Authorization. When you sign up for our Service and provide a payment method to Fitness Updated, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE Fitness Updated APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above ("How to Cancel").
Changes. Fitness Updated may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Fitness Updated's sole discretion.
Fitness Updated may increase its fees for any subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
9. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Fitness Updated Service and continues as long as you have an account with us.
TERMINATION FOR BREACH: Fitness Updated may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Fitness Updated determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Fitness Updated's reputation or goodwill. If Fitness Updated deletes your account for the foregoing reasons, you may not re-register for the Fitness Updated Service. Fitness Updated may block your email address and Internet protocol address to prevent further registration. Fitness Updated is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
10. Content Restrictions
- You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Advocates harassment or intimidation of another person;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- Depicts animal cruelty or extreme violence towards animals;
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
11. Intellectual Property
You acknowledge that the Fitness Updated Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Fitness Updated-generated Content and Content developed for Fitness Updated by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Fitness Updated owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Fitness Updated Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Fitness Updated name, logos and affiliated applications and technologies are the exclusive property of Fitness Updated, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Fitness Updated owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
12. Copyright / DMCA Policy
Fitness Updated respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Fitness Updated Site do not infringe any third party copyright.
Fitness Updated will promptly remove materials from the Fitness Updated Site in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Fitness Updated may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Fitness Updated Site the material that you claim is infringing may be found, sufficient for Fitness Updated to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your electronic or physical signature.
You may submit this information via email via our contact form.
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Fitness Updated may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Fitness Updated on the Fitness Updated Site or a written amendment signed by an authorized representative of Fitness Updated. A revised Terms of Service will be effective as of the date it is posted on the Fitness Updated Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Fitness Updated and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.