B. Ownership of rights
Any use of the Services or its Content (as defined hereinbelow), including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Vigor. All information displayed, transmitted or shared with you is proprietary information that may be protected by copyright and other intellectual property laws. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, reverse engineer, distribute, repost, perform, display or in any way commercially or otherwise exploit any of the content shared, especially workout plans (“Routines”). As between you and Vigor, Vigor shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof.
- User Content
All content added, created, uploaded, submitted, distributed or posted to the Services by users (collectively “User Content”) whether posted publicly or transmitted privately, is sole responsibility of the person who originated such User Content. We do not guarantee the accuracy or efficacy of the Content accessed through the Services.
- Use License
E. Use of the Services
- The Services provide users with guidance and information on how to improve their fitness, health and nutrition, but THE SERVICES ARE NOT A MEDICAL ORGANIZATION, AND YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NUTRITIONAL PROGRAM. Our recommended workout plans and exercises, which may be tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment, and do not guarantee results. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE SERVICES IS SOLELY AT YOUR OWN RISK.
- The Services are intended for use only by individuals healthy enough to perform strenuous exercise. In becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, OR that all of the following statements are true: You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
- you do not have a heart condition or that 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;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician is not currently prescribing 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;
- you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and
- you do not know of any other reason you should not exercise.
If any of the above are applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating, or (B) your physician has specifically approved your use of the Services.
You should be aware and accept that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Services, you acknowledge, accept and agree that your performance of any and all exercises or activities recommended by the Services is wholly at your own risk. Neither Vigor nor any of its trainers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises or workout venues. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.
F. Rules of Conduct
You shall not (and shall not permit any third party) to either (i) take any action or (ii) upload, download, submit or otherwise distribute or facilitate distribution of any Content on or through the Service.
- You shall not directly or indirectly (and shall not permit any third party to): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application) (ii) modify, translate, or otherwise create derivative works of any part of the Services, (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
G. Payments and Billing
- Paid Services
Certain of our Services, including but not limited to workout plans (“Routines”), may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for any Paid Services are deemed part of this Agreement.
- Free Trials and Other Promotions
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period.
I. Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding you releasing us from all liability for you having acquired or not acquired Content through the Services. We make no warranties or representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services including:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content
The Services and Content are provided on an “as is”, “as available” basis and without warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by or during any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) any Content through the services is free of viruses or other harmful components; or (ii) the results of using the Services will meet your requirements. Your use of the services is solely at your own risk. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.
K. Limitation of Liability
In no event shall we, nor our officers, directors, employees, agents, partners, suppliers, vendors or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services.
- Force Majeure
- Dispute Resolution and Governing law
- Relationship between the Parties