IMPORTANT: THIS END USER AGREEMENT (THE “END USER AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FITPAL, INC. (“FITPAL”, “WE” OR “US”). THIS END USER AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF FITPAL DEVICES, SOFTWARE, SERVICES, DATA, WEB SITES, APPLICATIONS AND OTHER FITPAL OFFERINGS (COLLECTIVELY, THE “FITPAL PRODUCTS” OR “PRODUCTS”). BY ACCESSING OR USING A FITPAL PRODUCT YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE FITPAL PRODUCTS.
THE PRODUCTS AND THE PHYSIOLOGICAL INFORMATION TRANSPORTED USING THE PRODUCTS IS NOT INTENDED FOR USE IN PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR ANY OTHER PERSONAL HEALTH MATTER IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR MENTAL DAMAGE.
MODIFICATIONS TO THE END USER AGREEMENT: WE MAY FROM TIME TO TIME AMEND, SUPPLEMENT OR MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF WE MAKE MATERIAL CHANGES TO THIS AGREEMENT, WE WILL POST AN UPDATED VERSION OF THIS AGREEMENT TO OUR WEB SITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF ANY FITPAL PRODUCTS FOLLOWING THE POSTING OF ANY UPDATED AGREEMENT CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH UPDATED AGREEMENT. ANY AND ALL USE OF THE FITPAL PRODUCTS AFTER THE POSTING OF AN UPDATED AGREEMENT WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH UPDATED AGREEMENT.
Authorized Users: You hereby represent and agree that (i) you are a natural person, (ii) you are a registered user of the FitPal Products and (iii) you are 13 years of age or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
User Account and Password: As a registered user of FitPal Products, you must establish an account with FitPal either directly or through a FitPal partner. You are solely responsible for protecting the confidentiality of such account, including, but not limited to, your password. You should never disclose your account information or password to anyone. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITIES WHICH OCCUR THROUGH YOUR ACCOUNT. You agree to immediately notify us of any unauthorized use of your account. WE ARE NOT RESPONSIBLE FOR ANY LOSSES ARISING OUT OF UNAUTHORIZED USE OF YOUR ACCOUNT.
Your Responsibilities; Guidelines: You will comply with all applicable local, state, federal, and foreign laws in using the FitPal Products and, if using the Products outside of the United States, not use the Products in a manner that would violate any federal or state laws of the United States if conducted therein. You shall use the FitPal Products solely for your personal use and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the FitPal Products available to any third party; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iv) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the FitPal Products or the data contained therein; (vii) access the FitPal Products using a method other than the instructions that FitPal provides, or (vii) attempt to gain unauthorized access to the FitPal Products or related systems or networks.
License Grant: Subject to the terms and conditions of this Agreement, we hereby grant you a limited, nontransferable, nonexclusive, revocable, nonsublicenseable, personal right to access and use the FitPal Products solely for your personal, noncommercial use.
License Restrictions: The limited license granted to you pursuant to this Agreement does not include any resale or commercial use of the FitPal Products or any content made available through the FitPal Products. You may not reproduce, duplicate, copy, sell, resell, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any commercial purpose the FitPal Products, the content thereof, or any portion of the foregoing, without express written consent of FitPal. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FitPal and our affiliates or licensors without our express written consent. None of the FitPal Products or the content thereof may be retransmitted without the express written consent of FitPal, nor may it be used on any other web site or stored on any networked computer environment. You may not use any metatags or any other “hidden text” utilizing FitPal name or trademarks without the express written consent of FitPal. Any unauthorized use terminates the permission and/or license granted by FitPal without the need for further action by FitPal.
Third Party References and Material: References made in the Products may include reference to products, services, trademarks or hyperlinks of third parties. No such reference(s) shall constitute or imply an endorsement or recommendation by FitPal.
(a) FitPal owns and will retain all right, title and interest in and to the Products and all intellectual property rights therein.
(b) You will not delete or in any manner alter the copyright, trademark, or other proprietary rights notices of FitPal and its licensors, if any, appearing on or in the Products, screen outputs and prints generated with the Products as delivered to you. You will reproduce such notices on all copies you make of the Products.
General Disclaimer: YOU ACKNOWLEDGE AND AGREE THAT THE FITPAL PRODUCTS AND ALL CONTENT THEREOF ARE PROVIDED, UNLESS OTHERWISE STATED, ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING ANY OF THE FOREGOING, NONE OF FITPAL, ITS AFFILIATES OR ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “FITPAL PARTIES”) WARRANT THAT FITPAL PRODUCTS WILL OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FITPAL PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE FITPAL PRODUCTS, THAT YOUR USE OF THE FITPAL PRODUCTS IS AT YOUR SOLE RISK AND THAT NONE OF THE FITPAL PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF FITPAL PRODUCTS.
The FitPal Products provide physiological data about your body along with information applications and content published over the Internet and are intended only to assist users in their personal health, fitness and wellness efforts. FitPal is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in FitPal Products should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to obtain professional medical advice before beginning any health, fitness & wellness related effort or regimen.
Limitation of Liability: YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE FITPAL PRODUCTS AND/OR OUR CONTENT IS TO STOP USING THE FITPAL PRODUCTS AND/OR THE CONTENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE FITPAL PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE FITPAL PRODUCTS OR ANY OF THE CONTENT, INCLUDING: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE FITPAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, THE FITPAL PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THIS AGREEMENT OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY FITPAL PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE STATES, THE FITPAL PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE FITPAL PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold the FitPal Parties harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the FitPal Products and/or any content thereof.
Termination: You acknowledge and agree that FitPal may suspend, modify or terminate your access to and use of the FitPal Products at any time, with or without cause, in FitPal absolute discretion and without notice, including for any breach of this Agreement. The following paragraphs of this Agreement shall survive termination of your use or access to the FitPal Products: paragraphs concerning indemnification, disclaimers, limitations of liability, termination and general provisions and any other provision that by its terms or nature is intended to survive termination of your use of or access to the FitPal Products.
Applicable Law: The laws of the State of Connecticut will govern this Agreement, without giving effect to any principals of conflict of laws. All claims and disputes arising out of this Agreement or the FitPal Products, other than action for specific performance or injunctive relief brought by FitPal, shall be exclusively brought in the federal, state, or local courts located in Seattle, WA, USA and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.
General Provisions: Failure by FitPal to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. Any claim under this Agreement must be brought within one (1) year after the date upon which the cause of action arose.
Assignment: This Agreement will bind and inure to the benefit of each party’s successors and assigns, provided that you may not assign this Agreement, in whole or in part, without FitPal prior written consent.
Customer Support: If you have any questions or concerns about your account, please contact Customer Support at firstname.lastname@example.org.
Entire Agreement: This Agreement constitutes the entire agreement between you and FitPal with respect to the use of the Products, superseding any prior agreements and communications (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by You and FitPal.
© 2016 FitPal, Inc. All rights reserved.
Last Updated January 5, 2016