Terms of Service
Last updated: December 15, 2021
Welcome to Stepl (“we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://stepl.app, our mobile application Stepl, our application Stepl for Windows, all other products and services, and all content offered (together or individually “Service”, “Services”), operated by us. Please read these Terms of Service carefully before using our Service.
If you do not agree with (or cannot comply with) any part of these Agreements, then you may not access or use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, customers, users and others who wish to access or use the Service and/or subscribe to the Service.
Thank you for being responsible.
· Use of service; reasonable precautions; no medical advice
Attention! : Your health is very important to us. ALWAYS consult your physician or other professional healthcare provider before using the Service. Individuals are different and may react differently to different products. Not all workouts or activities are suitable for everyone. The Service is provided to the individuals, who are healthy enough to try and perform those suggested exercises. We do not suggest our Service to including but not limited to individuals, who are pregnant or suffer from any medical condition.
Before using the Service, you must ensure to consult a physician or other professional healthcare provider to specifically approve your use of the Service. Further, if anytime during your using the Service you do not feel well, feel discomfort or pain, you must discontinue using the Service IMMEDIATELY and consult a medical expert. We neither substitute a medical expert, nor are we responsible for your health and/or behavior. You are solely responsible for your health and/or behavior, and the use or performance of any information or exercises provided on the Service is solely at your own risk and responsibility.
Before using the Service, you must check that all the following is true:
· no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
· you have never felt chest pain when engaging in physical activity; not experienced chest pain at any time (not during physical activities) within the past month;
· you have never lost your balance because of dizziness and you have never lost consciousness;
· you or anyone in your family has no medical history of epilepsy and has never had any epileptic seizures, epileptic condition or seizures of any kind;
· you do not have a bone or joint problem that could become worse by a change in your physical activity;
· your are currently not prescribed to drugs for your blood pressure or heart condition;
· 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; high-cholesterol, diabetes, obesity or arthritis;
· you are not pregnant, breastfeeding or lactating;
· you do not have a condition of you do not know of any other reason you should not exercise.
Before using the Service, you must take all precautions to limit the risk of injury or other adverse impacts on your health, and take care to do all the following:
· make sure that there are no moving or standing people, kids, pets, toys or other objects around you (especially on the floor or other surfaces) that you can accidentally step on, fall on, trip over, cause any damage, and/or that can injure you if you fall or lose your balance, as you are in constant motion and/or may not be able to see or hear everything around you while interacting with the Service;
· make sure that you have plenty of space to exercise and there are no obstacles, walls, corners, furniture, or other objects around that can hit you and/or injure you if you fall or lose your balance while you interact with the Service;
· do not stand too close to the screen and keep a good distance away from the screen;
· make sure that the floor or surface on which you are doing the exercises is level, flat, and non-slippery so that you cannot trip over bumps, joints, or slip, while you are using the Service;
· use the Service only if you are sober in order to be focused, attentive and not lose your balance;
· avoid using the Service if you are tired or have not had much sleep;
· take breaks and rest as often as possible, alternating your use of the Service with your usual way of playing a video game while sitting;
· rest for at least 15 minutes per hour while playing a video game;
· rest every 10 to 15 minutes if you are using VR;
· make sure that the room in which you are using the Service is well lit;
· keep sound volumes at a low enough level so that you can be aware of your surroundings while using the Service;
· stop using the Service IMMEDIATELY if you feel disoriented or unwell or experience any other discomfort, as users may experience motion sickness, repetitive motion injuries and eyestrain as the result of using the Service;
· make sure that your phone cannot fall out of your pocket due to your physical activity while using the Service: use zippered pockets that are deep enough.
The information and content available through the Service, regardless whether they are provided by us, our partners or users, are provided solely as a general educational aid and for general information purposes only, and not meant to replace and/or supplement the information provided by doctors or pharmacies. The instructions and advice presented are not a medical or healthcare advice, and in no way intended as a substitute for medical or psychological counseling, for the use of medical diagnosis or treatment, or for any problem an individual might have.
The suggested guidelines in form of written descriptions, pictures, or videos describing how to perform given exercises or activities, assume your sole responsibility for performing, using and treating those with proper form, because the risk of injury or illness increases with undertaking those activities in an improper form. We strongly encourage you to search multiple sources of information about how each exercise should be performed correctly. You should consider seeking advice and guidance from a coach, instructor, personal trainer, or physical therapist, whether you are new or not to any activities.
By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age (or the age of majority where you live), or accessing or using the Service under a parent or guardian’s supervision, and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, then you review these Terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree with these Terms. If you are a parent or guardian reading, understanding and agreeing these Terms for a person less than eighteen (18) years old, then you agree to have a responsibility for that person’s access and use of the Service, as well as all the financial expenses and payments, and legal liability that may be incurred for our Service.
You must be eligible to use the Service and must be a resident of a country where use of the Service is permitted.
You may need an account to access and use the Service. To create an account, you must have a valid email address and provide truthful and accurate information. When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Your account may be suspended or terminated if someone else uses it to engage in activity that violates these Agreements.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. By using our Service or creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at email@example.com.
· Contests, Sweepstakes and Promotions
The Service may include purchases that allow you to buy products, services or Subscriptions made available through the Service (“Purchase”, “Purchases”). We currently offer the following payment models for using the Service: monthly Subscription, yearly Subscription, and lifelong access with one-time payment. More information about how you may be able to manage Purchases using your device may be set out in the App Store’s or Google Play Store’s own terms and conditions.
Purchases are made through the App Store or Google Play Store. Purchases must be paid in advance and are due immediately after we have accepted the order. Purchases can only be consumed within the Service. If you make a Purchase, that Purchase cannot be cancelled after you have initiated its download. Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If any Purchase is not successfully downloaded or does not work once it has been successfully downloaded, and you wish to request a refund, you may do so by contacting the App Store or Google Play Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the App Store or Google Play Store from where you downloaded the Service and are governed by the App Store’s or Google Play Store’s own terms and conditions. If you have any payment related issues with Purchases, you need to contact the App Store or Google Play Store directly.
If you wish to purchase any product, service or Subscription made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product, service or Subscription availability, errors in the description or price of the product, service or Subscription, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
The Service or some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it no later than 24 hours before expiration or we cancel it. You may cancel your Subscription renewal at any time through the App Store or Google Play Store.
If the Subscription has been made through the App Store or Google Play Store, all billing is handled by the App Store or Google Play Store and is governed by the App Store’s or Google Play Store’s own terms and conditions. Your payment will be charged to your App Store or Google Play Store Account at confirmation of purchase. Your App Store or Google Play Store Account will be charged for renewal within 24 hours prior to the end of the current period.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
· Free Trial
We, at our sole discretion and at any time, may offer a Subscription with a Free Trial for a limited period of time. During this time you can try out and use some of the main functions of the Service.
You may be required by the App Store or Google Play Store to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged by the App Store or Google Play Store if you cancel your Subscription at least 24 hours before your Free Trial ends. On the last day of the Free Trial period, unless you cancelled your Subscription at least 24 hours before the Free Trial ends, you will be automatically charged by the App Store or Google Play Store the applicable Subscription fees for the type of Subscription you have selected. The Subscription will automatically renew unless you cancel it at least 24 hours before the end of the current period. Any unused portion of a Free Trial period, if offered, will be forfeited when subscribing to a non-trial plan, where applicable.
We may offer you only one Free Trial for all your accounts, so if you create multiple accounts, you will have only one Free Trial available. Also, only one Free Trial may be available on each device for all users, so if there is more than one user on the same device, a Free Trial may be available to one of them.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
· Fee Changes
We, at our sole discretion and at any time, may modify lifelong access fee and Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We may provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to renew your Subscription after such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You may cancel the renewal of your Subscription to the Service at any time by initiating the cancellation with the App Store or Google Play Store. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the Service until the end of your current Subscription period.
If the Purchase has been made through the App Store or Google Play Store, the App Store’s or Google Play Store’s refund policy will apply. If you wish to request a refund, you may do so by contacting the App Store or Google Play Store directly. Except when required by law, paid Purchases, including but not limited to paid Subscriptions fees, are non-refundable.
Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it), free of any plagiarism or stolen material to be considered original or of the creator’s design, and/or you have the right to use it and all the rights, power and authority to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, modify, adapt, translate, publish, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. This license is for the sole purpose of enabling us to display, distribute and promote the Service.
You agree that this license includes the right for us to: (i) make your Content available to other users of the Service, to other companies, organizations and individuals, who may also use your Content subject to these Terms and/or with whom we have relationships for the provision of syndicated services, (ii) use your Content in connection with the provision of those services, (iii) transmit or distribute your Content over various public networks and in various media, and (iv) make such changes to your Content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media, in performing the required technical steps to provide the Service to our users.
We have the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of us or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
· Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
· In any way that violates any applicable national or international law or regulation.
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate Stepl, a Stepl employee, another user, or any other person or entity.
· In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Stepl or users of Service or expose them to liability.
Additionally, you agree not to:
· Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
· Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
· Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of Service.
· Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
· Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
· Take any action that may damage or falsify Stepl rating.
· Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase is analytics service provided by Google Inc.
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
· Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of us.
We and our licensors own all legal right, title and interest in and to our content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in these Terms gives you the right to use any of our trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features, unless you have agreed otherwise in writing with us.
We give you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the Service provided to you by us on a single mobile device and/or computer that you own or control and to run the Service only for personal. This license is for the sole purpose of enabling you to use the Services as provided by us, in the manner permitted by these Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Service or any part of the Service, unless this is expressly permitted or required by law, or unless you have been specifically authorized by us in writing. You may not assign (or grant a sublicense of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service, unless we have given you specific written permission to do so.
· Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to notices of alleged copyright infringement (“Infringement”) that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
· DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
· a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
· identification of the URL or other specific location on Service where the material that you claim is infringing is located;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at email@example.com.
· Error Reporting and Feedback
You may provide us directly at firstname.lastname@example.org with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) we may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) we are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you.
· Links To Other Web Sites
Our Service may contain links to third party web sites or services or content that are not owned or controlled by us.
We have no control over, and assumes no responsibility for the availability, content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT We SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS: (I) CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES; (II) INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND ANY THIRD PARTY, OR AS A RESULT OF THE PRESENCE OF LINKS OR ADS OF SUCH THIRD PARTIES ON THE SERVICES. IN CASE IF THERE IS A DISPUTE BETWEEN YOU AND ANY SUCH THIRD PARTY, YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION AND RESPONSIBILITY TO BECOME INVOLVED.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
· Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR INFORMATION OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR INFORMATION OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR INFORMATION OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
· Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, INFORMATION PROVIDERS, SUPPLIERS, AND AGENTS HARMLESS FOR ANY DIRECT, INDIRECT, PUNITIVE, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF US, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PARTICULAR INFORMATION AND/OR PRODUCTS AND/OR SERVICES PROVIDED IN THE 12-MONTHS PRIOR TO DATE THE CLAIM, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
· Wavier and Release of Liability
YOU WILL INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, INFORMATION PROVIDERS, SUPPLIERS, AND AGENTS HARMLESS FROM ANY ACCIDENTS, INJURIES, DIRECT, INDIRECT, PUNITIVE, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, WHICH YOU MAY EXPERIENCE FROM YOUR WORKOUT OR FITNESS ACTIVITIES OR THE ACCESS OR USE OF THE SERVICE, EVEN IF WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, INFORMATION PROVIDERS, SUPPLIERS, OR AGENTS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT NEITHER WE NOR ANY PERSON ASSOCIATED WITH US SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICE.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, INFORMATION PROVIDERS, SUPPLIERS, OR AGENTS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICE. THE TOTAL LIABILITY OF US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, INFORMATION PROVIDERS, SUPPLIERS, AND AGENTS, IF ANY, SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR INFORMATION AND/OR PRODUCTS AND/OR SERVICES PROVIDED IN THE 12-MONTHS PRIOR TO DATE THE CLAIM, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
IN NO EVENT SHALL WE OR ANY PERSON ASSOCIATED WITH US BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE ACCESS OR USE OF THE SERVICE, ANY INFORMATION, OR OTHER PARTS OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH THE SERVICE.
NEITHER WE NOR ANY PERSON ASSOCIATED WITH US SHALL BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: - (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; - (B) MAKE CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); - (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; - (D) YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION; AND - (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
· Medical Information Disclaimer
THE INFORMATION ABOUT HEALTH AND/OR FITNESS INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATION, PROVIDED BY THE SERVICE, REGARDLESS WHETHER PROVIDED BY US, OUR PARTNERS OR USERS, IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT DISEASE AND IS NOT COMPREHENSIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. PRODUCTS, SERVICES, INFORMATION AND OTHER CONTENT PROVIDED BY THE SERVICE, INCLUDING INFORMATION LINKING TO THIRD-PARTY WEBSITES ARE PROVIDED SOLELY AS GENERAL EDUCATION, AND FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IN NO WAY INTENDED AS A SUBSTITUTE FOR, NOR DO THEY REPLACE OR SUPPLEMENT, PROFESSIONAL MEDICAL AND/OR PSYCHOLOGICAL ADVICE, COUNSELING, DIAGNOSIS, OR TREATMENT. ALWAYS CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER BEFORE USING THE SERVICE. USE OF THE INFORMATION PROVIDED BY THE SERVICE IS AT YOUR SOLE CHOICE AND RISK. YOU ARE AGREEING TO ACCEPT FULL RESPONSIBILITY FOR YOUR DECISIONS AND AGREEING TO HOLD US HARMLESS. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US ARE RESPONSIBLE OR LIABLE FOR ANY INFORMATION PROVIDED BY THE SERVICE WITH REGARD TO RECOMMENDATIONS REGARDING SUPPLEMENTS FOR ANY HEALTH PURPOSES, ANY ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS, SERVICES, AND OTHER CONTENT OF THE SERVICE, ANY DAMAGES FOR INFORMATION OR SERVICES PROVIDED, AND/OR ANY PHYSICAL OR MENTAL INJURY OR ILLNESS THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM ANY OF OUR SUGGESTED CONTENT, INFORMATION, SERVICES, PRODUCTS, WORKOUTS OR EXERCISES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMMENTS MADE ON THE SERVICE BY EMPLOYEES OR OTHER USERS ARE STRICTLY THEIR OWN PERSONAL VIEWS MADE IN THEIR OWN PERSONAL CAPACITY AND ARE NOT CLAIMS MADE BY US NOR DO THEY REPRESENT THE POSITION OR VIEW OF US.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
· Governing Law
These Terms and your use of the Service shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions, and may also be subject to other local, state, national, or international laws.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting us.
· Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including but not limited to registered users.
· Amendments To Terms
We may amend Terms at any time by posting the amended Terms on this site, in our sole discretion without notice. It is your responsibility to review these Terms periodically.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use Service.
· Waiver And Severability
No waiver by us of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, in whole or in part, for any reason, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of Terms will continue in full force and effect, and shall not in any way be affected or impaired.
BY ACCESSING OR USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
· Contact Us
Please send your feedback, comments, requests for technical support:
By email: email@example.com