Prior to using the Bodyweight365 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 Bodyweight365 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 BODYWEIGHT365 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 BODYWEIGHT365 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.
BODYWEIGHT365 SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE BODYWEIGHT365 SERVICE.
Content of These Terms of Service
1. Who May Use the Bodyweight365 Service 2. Professional Advice and Medical Disclaimer 3. Your Representations and Warranties as a Member 4. General Disclaimers 5. Limitation of Liability 6. Privacy 7. Membership Provisions 8. Payments 9. Term and Termination; Account Deletion 10. Content Restrictions 11. Code of Conduct and Prohibited Activities 12. Submissions 13. Indemnification 14. License to Use the Bodyweight365 Service 15. Third Party Links and Content 16. Intellectual Property 17. Copyright / DMCA Policy 18. General Provisions
1. Who May Use the Bodyweight365 Service
AGE REQUIREMENT: You must be at least 18 years old to use the Bodyweight365 Service.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Bodyweight365 Service. If your child is using the Bodyweight365 Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about Bodyweight365, please contact us at email@example.com
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 BODYWEIGHT365 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 BODYWEIGHT365 SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE BODYWEIGHT365 SITE OR AVAILABLE THROUGH ANY BODYWEIGHT365 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 BODYWEIGHT365 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 BODYWEIGHT365 SITE IS CONTINUALLY UNDER DEVELOPMENT AND BODYWEIGHT365 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 BODYWEIGHT365 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 Bodyweight365 with the intent of using the Bodyweight365 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 Bodyweight365.
If applicable, You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of Bodyweight365.
4. General Disclaimers
Bodyweight365 provides the Bodyweight365 Service on an “as is” and “as available” basis. You therefore use the Bodyweight365 Service at your own risk.
Bodyweight365 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, Bodyweight365 makes no representations or warranties:
That the Bodyweight365 Service, or any particular fitness program is suitable for you;
Regarding the adequacy or safety of the Bodyweight365 Service for any particular user;
That the Bodyweight365 Service will meet your personal needs;
That the Bodyweight365 Service will be permitted in your jurisdiction;
That the Bodyweight365 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 Bodyweight365 will continue to support any particular feature of theBodyweight365 Service; or
Concerning sites and resources outside of the Bodyweight365 Service, even if linked to from the Bodyweight365 Service.
Bodyweight365 reserves the right to modify the Bodyweight365 Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Bodyweight365 Service. Bodyweight365 has no obligation to screen or monitor any content and does not guarantee that any content made available on the Bodyweight365 Service complies with this Agreement or is suitable for all users. Bodyweight365 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 Bodyweight365 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 Bodyweight365 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 Bodyweight365, 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) Bodyweight365’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to Bodyweight365 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.
Bodyweight365 Coaching Service
The Bodyweight365 coaching service is intended solely as a general fitness informational means by which Members can communicate with Bodyweight365 trainer coaches. In selecting our trainer coaches, we endeavor to source only those coaches who can demonstrate a minimum of two (2) years’ experience in the fitness field, with valid professional experience at a reputable fitness institution or gym. In the course of providing coaching advice, our coaches may occasionally answer incidental nutritional questions based on their own personal experience. BODYWEIGHT365 DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE PROVIDED BY A TRAINER COACH CONSTITUTES QUALIFIED EXPERT ADVICE.
Bodyweight365 takes care to instruct its coaches never, under any circumstance, to provide advice that could be construed as expert advice, and we in no way encourage or endorse such behavior from our coaches.
If you encounter a Bodyweight365 coach who is providing expert advice in violation of these principles, please contact us immediately at firstname.lastname@example.org. You should always seek expert professional advice in nutritional and health matters, and should not rely on any opinions expressed through the Bodyweight365 Service as expert opinions or advice.
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 Bodyweight365 Service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Bodyweight365 and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
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 Bodyweight365. If you wish to inquire about possible commercial use, please contact us at email@example.com.
Bodyweight365 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 become aware of any unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
Auto billing; Subscription Fees; Free Trial Terms. The Bodyweight365 Service is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, 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 Bodyweight365 membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your 14-day Free Trial, you will begin to be billed automatically each month (about every 14 days) until you cancel. Once we begin to bill you, cancellations take effect on the day you request to cancel your membership, meaning there are no partial month refunds or credits. If you cancel your Free Trial membership at anytime in the first fourteen days (i.e., during the Free Trial period), you will not be charged.
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, or, if a Free Trial is being offered, at the end of the special Free Trial period. Note: in these cases, our typical 14-day Free Trial will not apply.
These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment.
In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).
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, email: email@example.com or,
firstname.lastname@example.org. You will be informed via email as soon as your membership has been cancelled. Cancellations can take up to 72 hours to be processed from the moment when you send a cancellation request. If you are billed before your cancellation can be processed, but you requested to cancel before the rebilling date, you will be refunded for the payment taken. Refunds can take up to 10 days to appear in your account.
PLEASE NOTE THAT UNSUBSCRIBING FROM OUR DAILY EMAILS DOES NOT CONSTITUTE A CANCELLATION REQUEST.
Service Add-Ons– Auto Billing; Coaching; Subscription Fees; Free Trial; and Cancellation
We refer to any additional, paid subscription Service we offer beyond a standard Membership as an “Add-On Service.” For example, our personalized Coaching service, or any other Service we may offer to you which provides access to special or additional Content beyond your standard Membership, is an Add-On Service.
Each Add-On Service is a separate subscription service and is subject to an additional monthly fee that automatically renews just like your regular Membership. Before agreeing to an Add-On Service, you will be prompted with i) the type of Service being offered (e.g. Coaching); and ii) the monthly, recurring cost for such Add-On Service. Note: if You purchase an Add-On Service, You are agreeing to an additional monthly automatic (recurring) billing subscription, and agree to pay the charges made to your account in connection therewith, as disclosed at the time You accept the Add-On Service. Your Add-On Service subscription, just like Your standard Membership subscription, will continue indefinitely until cancelled by You.
Add-On Services are billed on the same day as Your regular Membership, in one combined payment. You can cancel at any time by following the instructions above (“How to Cancel”). Note that Your Add-On Service subscription is separate from your regular Membership, although we will combine the charges each month when we bill You. You can cancel one or both at any time, but cancelling your regular Membership will automatically cancel your Add-On Service.
Your Add-On Service Free Trial period lasts only as long as your original (initial) Free Trial offer is in effect, which means that if you do not sign up for the Add-On Service on the same day you initially signed up for your 14-day Free Trial membership, your Add-On free trial will only remain in effect for the remainder of your initial Free Trial period.
Quarterly and Annual Subscriptions.
In certain circumstances, we will offer Subscriptions for a longer-term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, 12 month subscriptions will automatically renew for twelve months). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by following the cancellation instructions above (“How to Cancel”).
Authorization. When you sign up for our Service and provide a payment method to Bodyweight365, 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 BODYWEIGHT365 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. Bodyweight365 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 Bodyweight365’s sole discretion.
Bodyweight365 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 Bodyweight365 Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, you will need to follow the steps from above in the ‘how to cancel’ section.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Bodyweight365 Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: Bodyweight365 may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Bodyweight365 determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Bodyweight365’s reputation or goodwill. If Bodyweight365 deletes your account for the foregoing reasons, you may not re-register for the Bodyweight365 Service. Bodyweight365 may block your email address and Internet protocol address to prevent further registration. Bodyweight365 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.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Bodyweight365 will terminate. Sections 4-5, 9, and 12-18 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. Bodyweight365 shall not be responsible for the loss of such content.
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; or
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
11. Code of Conduct and Prohibited Activities
In using the Bodyweight365 Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- “frame” or “mirror” any part of the Service or the Site;
- use meta tags or code or other devices containing any reference to Bodyweight365, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Bodyweight365) to direct any person to any other website for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
- Collect information about others;
- Advertise or solicit others to purchase any product or service within the Bodyweight365 Site;
- Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
- Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- ; or
- Participate in any activity that in any way violates any law.
Bodyweight365 has the right, but not the obligation, to monitor all conduct on and content submitted to the Bodyweight365 Service. Bodyweight365 reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
Bodyweight365 reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Bodyweight365 may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
As between you and Bodyweight365, you own all content that you submit to the Bodyweight365 Service, whether directly via the Bodyweight365 Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to Bodyweight365, you are granting Bodyweight365 and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the Bodyweight365 Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Bodyweight365 on improving or adding new features to the Bodyweight365 Service, Bodyweight365 shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Bodyweight365 and grant the licenses set forth above; (ii) Bodyweight365 will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless Bodyweight365 and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Bodyweight365 Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Bodyweight365 violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Bodyweight365 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bodyweight365 in connection therewith.
14. License to Use the Bodyweight365 Service
LICENSE: Bodyweight365 grants you a limited, non-exclusive license to access and use the Bodyweight365 Service for your own personal, non-commercial purposes. This includes the right to view content available on the Bodyweight365 Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Bodyweight365 in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Bodyweight365 Service. Nor will you take any measures to interfere with or damage the Bodyweight365 Service. All rights not expressly granted by Bodyweight365 are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES:
These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps).
Your use of the Bodyweight365 Service through any applications or device constitutes your agreement to be bound by these Terms.
Any Bodyweight365 application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console’s app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, Bodyweight365 (Application Provider) reserve all rights not expressly granted to You.
Accordingly, if you download a Bodyweight365 Application, you will be:
installing a software program on your product in the form of an application;
entering into this contract with Bodyweight365 governing your use of the application.
15. Third Party Links and Content
Certain links on the Bodyweight365 Sites and/or the Bodyweight365 Service may let you leave the particular Bodyweight365 Site or Bodyweight365 Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that Bodyweight365 does not control these sites, nor has Bodyweight365 reviewed or approved the content which appears on the linked sites. Bodyweight365 is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Bodyweight365 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the Bodyweight365 Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Bodyweight365 shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
16. Intellectual Property
You acknowledge that the Bodyweight365 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 Bodyweight365-generated Content and Content developed for Bodyweight365 by its partners and licensors is copyrighted individually and/or as a collective work; further, Bodyweight365 owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Bodyweight365 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 Bodyweight365 name, logos and affiliated applications and technologies are the exclusive property of Bodyweight365 and Travel Strong. 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.
Bodyweight365 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.
Bodyweight365 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 Bodyweight365 Site do not infringe any third party copyright.
Bodyweight365 will promptly remove materials from the Bodyweight365 Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Bodyweight365 may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
18. General Provisions
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Bodyweight365 electronically. Bodyweight365 may provide all such communications by email or by posting them on the Bodyweight365 Service. For support-related inquiries, you may send an email to email@example.com or the following address:
Bodyweight365, 3 Brookfield Yard, Sheffield, S7 1DY, United Kingdom.
Nothing herein shall limit Bodyweight365’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Bodyweight365 on the Bodyweight365 Site or a written amendment signed by an authorized representative of Bodyweight365. A revised Terms of Service will be effective as of the date it is posted on the Bodyweight365 Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between Bodyweight365 and you concerning the subject matter hereof and supersedes all prior agreements and understandings.