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1. Limited License; Use of Products and Services
This agreement (hereinafter, the “Agreement”) between WorkoutLabs LLC, (hereinafter, “WorkoutLabs “, “us” or “we”) and you sets forth the terms and conditions which govern your use of any of the WorkoutLabs (hereinafter, the “Website”) and/or the Products and Services (hereinafter, the ” Products and Services”) thereon which are provided by WORKOUTLABS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE WEBSITE AND/OR PRODUCTS AND SERVICES. BY ACCESSING OR USING THE WEBSITE AND/OR PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR PRODUCTS AND SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. WORKOUTLABS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE WEBSITE AND/OR PRODUCTS AND SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE PRODUCTS AND SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
2. Prohibited Activities
In connection with your use of the Website and/or the Products and Services, you acknowledge and agree that you will not:
- copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or Products and Services obtained through the Website or the Products and Services;
- access the Website or Products and Services by any means other than through the standard industry-accepted or WorkoutLabs-provided interfaces;
- transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
- impersonate any person or entity, including without limitation, an WorkoutLabs official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
- post or transmit any material that contains a virus or corrupted data;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- use of any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
- post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
- violate any applicable local, state, national or international law;
- upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- delete or revise any material posted by any other person or entity;
- manipulate or otherwise display the Website and/or the Products and Services by using framing or similar navigational technology;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any WorkoutLabs Product or Service if you are not expressly authorized by such party to do so; or
- use the Website and/or the Products and Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Products and Services in any manner that could damage, disable, overburden or impair WorkoutLabs’s servers or networks, or interfere with any other user’s use and enjoyment of the Website and/or the Products and Services.
Furthermore, you may not attempt to gain unauthorized access to any of the Website, Products and Services, accounts, computer systems or networks connected to WorkoutLabs through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Products and Services.
3. Comments and Commenting
WORKOUTLABS allows posting of comments on its Website, whether they are product reviews collected via surveys, or on Amazon, user’s posts and comments on social media networks like Instagram, Facebook, Twitter, Google +, Pinterest. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the ability to post comments in the future. WorkoutLabs or its designated agents may remove or alter any user-created content at any time for any reason. Information and content posted within these public forums may be provided by WorkoutLabs staff, WorkoutLabs’ outside contributors, or by users not connected with WORKOUTLABS, some of whom may employ anonymous user names. WorkoutLabs expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of WorkoutLabs or any of its subsidiaries or affiliates.
WorkoutLabs has no obligation whatsoever to monitor any of the content or postings on the comment section on the Website or on social media networks. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
5. Accounts, Passwords and Security
If we ask you to open an account, you must complete the registration process by providing WorkoutLabs with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to WorkoutLabs which is untrue, inaccurate, not current or incomplete, WorkoutLabs reserves the right to terminate this Agreement and your continued access and use of the Website and/or the Products and Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify WorkoutLabs immediately of any unauthorized use of your account or any other breach of security. WorkoutLabs will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by WorkoutLabs or another party due to someone else using your account or password.
6. Commercial Transactions
We may ask you to furnish certain information like your full name, address, telephone number and credit card information amongst others. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing WorkoutLabs with your credit card number and associated payment information, you agree that WorkoutLabs and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify WorkoutLabs of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees.
7. Copyright Policy
Copyright and other relevant intellectual property rights exist on all text and illustrations relating to the WorkoutLabs’ Products and Services and the full content of this website. Copying or using our illustrations, as is or altered, in any form or format without prior written permission is strictly prohibited. You should request permission to use our content via email, firstname.lastname@example.org.
WorkoutLabs’ logo and “Simple Fitness for Everyone”are registered trademarks of this Company in the United States and other countries. The brand names and specific Products and Services of this Company featured on this web site are trademarked.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by WorkoutLabs infringe your copyright, you, or your agent may send to WorkoutLabs a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon WorkoutLabs actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to WorkoutLabs a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
8. Links to this website
You are free to encourage others to access the information on our sites. We welcome links to our sites. You are free to establish a hypertext link to any of our sites so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
9. Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
10. Limitation of Liability
NEITHER WORKOUTLABS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PRODUCTS AND SERVICES; (ii) ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE PRODUCTS AND SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE WEBSITE AND/OR THE PRODUCTS AND SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR THE PRODUCTS AND SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE OR THE PRODUCTS AND SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE PRODUCTS AND SERVICES. IN NO EVENT SHALL WORKOUTLABS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE PRODUCTS AND SERVICES OR THE WEBSITE.
11. Professional Advice Disclaimer
THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION 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 WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY PRODUCTS AND SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND WORKOUTLABS 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 THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
You agree to indemnify, defend, and hold WorkoutLabs and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to WorkoutLabs or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Website and/or the Products and Services. This Section 17 shall survive in the event this Agreement is terminated for any reason.
13. Jurisdictional Issues
WorkoutLabs makes no representation or warranty that the content and materials on the Website and/or the Products and Services are appropriate or available for use in locations outside the United States. Those who choose to access the Website or use the Products and Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. WorkoutLabs reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Website and/or the Products and Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that WorkoutLabs, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Website or Products and Services, and remove and discard any content within the Website, at any time and for any reason. You agree that any actions taken under this Section 14 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
15. General Information
This Agreement constitutes the entire agreement and understanding between you and WorkoutLabs and governs your use of the Website and the Products and Services, superseding any prior agreements between you and WorkoutLabs. This Agreement and the relationship between you and WorkoutLabs shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and WorkoutLabs irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the state of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of WorkoutLabs to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by WorkoutLabs of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
Last updated: 5/25/14