FitnessMyself User Agreement
FitnessMyself – Mission and Introduction
The mission of FitnessMyself is to empower individuals to meet their fitness goals through the strength of community. FitnessMyself is an online portal, hub or resource that provides each member of our community with a single location online to explore, learn and grow in all aspects of their personal health and wellness goals.
Scope and Intent
License and Warranty for User Submissions
By posting information to FitnessMyself, you warrant that own the information you provide under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
Additionally, you grant FitnessMyself a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty-free right for us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to FitnessMyself, including but not limited to any user generated content, ideas, concepts, techniques or data to the services you submit without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having an FitnessMyself account, (3) are not a competitor of FitnessMyself or are not using the Services for reasons that are in competition with FitnessMyself; (4) will only maintain one account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of FitnessMyself, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your account to another party; and (5) refrain from charging anyone for access to any portion of FitnessMyself, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact help@FitnessMyself.com.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through FitnessMyself.
Notification of Acts Contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Notifications and Service Messages
For purposes of service messages and notices about the Services to you, notice shall consist of an email from FitnessMyself to an email address associated with your account, even if we have other contact information, or via notice at FitnessMyself.com. You also agree that FitnessMyself may communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your account or services associated with your account. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
If you use FitnessMyself Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your FitnessMyself data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. You acknowledge you are responsible for all charges and necessary permissions related to accessing FitnessMyself through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
User to User Communication and Sharing
FitnessMyself offers various forums and blogs where you can post your observations and comments on designated topics. FitnessMyself also enables sharing of information by allowing users to post updates, including links to news articles and other information to their profile. Ideas you post and information you share may be seen and used by other Users, and FitnessMyself cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any group or elsewhere on FitnessMyself.
FitnessMyself IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FitnessMyself COMMUNITY FORUMS.
Users are solely responsible for their interactions with other Users. FitnessMyself may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. FitnessMyself reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if FitnessMyself determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, non-sub-licenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of FitnessMyself), view information and use the Services that we provide on FitnessMyself webpages and in accordance with this Agreement. Any other use is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in FitnessMyself and all related items.
For as long as FitnessMyself continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, we allow you to access FitnessMyself as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue FitnessMyself, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. FitnessMyself further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by FitnessMyself to be contrary to this Agreement.
Third Party Links
Disclosure of User Information
Users acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of FitnessMyself, our Users or the public.
Complaints Regarding Posted Content
Complaints regarding content posted on FitnessMyself should be delivered to help@FitnessMyself.com.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY FITNESSMYSELF, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR FITNESSMYSELF AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY FITNESSMYSELF OR ANYTHING RELATED TO IT, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
FITNESSMYSELF IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH FITNESSMYSELF TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
FITNESSMYSELF DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, FITNESSMYSELF DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
FITNESSMYSELF DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. FITNESSMYSELF DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, FITNESSMYSELF DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
Limitation of Liability
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
FitnessMyself’s total liability to Users for any reason and upon any cause of action including without limitation, breach of contract, negligence, strict liability, misrepresentations, and other torts, shall be limited to any fees paid to FitnessMyself by User.
Users may terminate this Agreement, for any or no reason, at any time, with notice to FitnessMyself. This notice will be effective upon FitnessMyself processing your notice.
FitnessMyself may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your FitnessMyself account includes disabling your access to FitnessMyself and may also bar you from any future use of FitnessMyself.
FitnessMyself may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing messaging services; creating multiple or false profiles; using the Services commercially without authorization, infringing any intellectual property rights, or any other behavior that FitnessMyself, in its sole discretion, deems contrary to its purpose.
Governing Law, Jurisdiction and Venue
This Agreement shall be governed by the substantive laws of the State of Tennessee, without regard to its or any other jurisdiction’s laws governing conflicts of law. Any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction located in Nashville, Tennessee.
Assignment and Delegation
Users may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective.
FitnessMyself may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
User agrees that this Agreement constitutes the entire, complete and exclusive agreement between User and FitnessMyself regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to the Agreement
FitnessMyself reserves the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.FitnessMyself.com or notifying Users otherwise. If Users do not want to agree to changes to the Agreement, they can terminate the Agreement at any time.
You may direct questions regarding this Agreement to help@FitnessMyself.com