Terms and Conditions - SweatWorking
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SWEATWORKING, INC.

TERMS AND CONDITIONS OF USE

Last Updated: December 16, 2017

 

SweatWorking, Inc. and its affiliates, subsidiaries and parent companies (collectively, “SweatWorking”, the “Company”, “us”, “we” or “our”) are pleased to provide you (referenced herein with “you” and “your”) with access to and use of our websites, applications, social media pages, content, streaming services, products, goods, equipment, information, services, promotions, software, technology and any other materials (collectively, “SweatWorking Services”) that we may offer.

 

SWEATWORKING SERVICES ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST ACCESS AND/OR USE SWEATWORKING SERVICES ONLY WITH THE CONSENT OF YOUR PARENT OR GUARDIAN.

 

BY USING SWEATWORKING SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO. ANY USE OF SWEATWORKING SERVICES WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, YOU MAY NOT ACCESS OR USE OF ANY SWEATWORKING SERVICES.

 

  1. Agreement

 

These Terms and Conditions of Use (“Terms”) and our Privacy Policy (available here) form a legally binding agreement between you and SweatWorking, and govern your access and use, and our provision of, SweatWorking Services. Supplemental terms and conditions may apply to certain SweatWorking Services, such as rules for a particular workout, challenge, contest, sweepstakes, competition, or activity, or terms that may accompany certain content, software or other materials accessible through SweatWorking Services (“Supplemental Terms”). Any Supplemental Terms will be disclosed to you in connection with those other activities and will apply and specifically govern such activities.

 

All rights not expressly granted under these Terms are hereby reserved.  Accordingly, you are hereby prohibited from using the SweatWorking Services in any manner that is not expressly and unambiguously authorized by these Terms.

 

We may in our sole and absolute discretion change these Terms or our Privacy Policy from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective immediately upon being posted to SweatWorking Services. If you do not agree with any of the changes, you must discontinue access and use of any and all SweatWorking Services. By continuing to access or use any SweatWorking Services after any changes are posted, you expressly accept such changes.

 

  1. Intellectual Property Rights

 

The SweatWorking Services and its original content, features, functionality, associated graphics, logos, domain names, account identifiers, marks, names, designs, text, graphics, user interfaces, visual interafaces, photographs, sounds, artwork, computer code, software, programs, products, information, documentation, files, materials, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content, and any other intellectual property rights contained therein are owned by SweatWorking and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to attempt to reverse engineer, translate, create derivative works from, or obtain source code for SweatWorking Services in anyway unless given permission in writing by the Company. If you believe that your intellectual property rights have been infringed upon by us, please contact us at [email protected]

 

We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use SweatWorking Services for your personal, non-commercial use only. Accordingly, you hereby agree that SweatWorking transfers no ownership or intellectual property interest or title in and to the SweatWorking Services or any SweatWorking intellectual property to you or anyone else in connection with your use of the SweatWorking Services.

 

Use of the SweatWorking Services is for personal use only. You may not use the SweatWorking Services in connection with any commercial endeavors without the prior written consent of the Company. Users of the SweatWorking Services may not use any information obtained from the SweatWorking Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. SweatWorking may investigate and take any available legal action in response to illegal and/or unauthorized commercial use of the  SweatWorking Services.

 

You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any SweatWorking Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any SweatWorking Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the SweatWorking Services; (iv) access or use any SweatWorking Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, duplicate, distribute, republish, download, publicly perform, display, post, broadcast, transmit, create derivative works of, or exploit any SweatWorking Services or any part thereof, except as expressly authorized in these Terms or as part of the SweatWorking Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any SweatWorking Services or connected network, or interfere with any person or entity’s use or enjoyment of any SweatWorking Services; (vii) probe, scan, or test the vulnerability of the SweatWorking Services or any network connected to the SweatWorking Services, or breach the security or authentication measures on the SweatWorking Services or any network connected to the SweatWorking Services, (viii) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the SweatWorking Services, (ix) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the SweatWorking Services or SweatWorking’s systems or networks or any systems or networks connected to the SweatWorking Services, (x) forge headers, impersonate a person, or otherwise manipulate indentifiers in order to disguise your identity or the origin of any message or transmittal you send to SweatWorking on or through the SweatWorking Services, (xi) access, monitor, or copy any element of the SweatWorking Services using a robot, spider, scraper, deep link, or other automated means or manual process without our express written permission; or (xii) sell, resell, or make commercial use of the SweatWorking Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any SweatWorking Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any SweatWorking Services, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country and that you are not listed on any U.S. government list of prohibited or restricted parties. You also represent you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any SweatWorking Services.

 

  1. Third Party Services and Content

 

Certain SweatWorking Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”). Such links are provided solely as a convenience to you. We do not review or control any Third-Party Services. We additionally make no claim or representation regarding, and expressly disclaim any responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from any element of the SweatWorking Services. There is no implied affiliation, endorsement or adoption by SweatWorking of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You access such Third-Party Services at your own risk. Our Terms do not apply to Third-Party Services, and you should read the terms of use and privacy policies that apply to these Third-Party Services.

 

SWEATWORKING ALLOWS EXPERTS IN THE HEALTH, FITNESS, NUTRITION, COACHING, AND OTHER FIELDS (COLLECTIVELY, “COACHES”) TO POST INFORMATION ON THE SWEATWORKING SERVICES. Certain opinions, advice, statements, or other information, including without limitation, health, fitness, food, nutrition and exercise data, may be made available by third parties or SweatWorking Coaches through or in connection with the SweatWorking Services (“Third-Party Content”). These authors and providers are solely responsible for the Third-Party Content they provide in connection with the SweatWorking Services.

 

SWEATWORKING DOES NOT SCREEN OR MONITOR THIRD-PARTY CONTENT MADE AVAILABLE ON THE SWEATWORKING SERVICES AND DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY SWEATWORKING SERVICE; (II) GUARANTEE THAT ANY CONTENT MADE AVAILABLE ON THE SWEATWORKING SERVICES COMPLIES WITH THESE TERMS OR IS SUITABLE FOR ALL USERS, OR (III) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL SWEATWORKING BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE SWEATWORKING SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE SWEATWORKING SERVICES.

 

  1. Use of Internet and Cellular Network

 

When you access any SweatWorking Services through a mobile network, such as our mobile application, your network or roaming provider’s data and other rates and fees may apply. You understand and accept that SweatWorking Services may use your cellular network’s data if Wi-Fi is not available and that this may incur fees from your cellular network provider. We are not responsible for the incursion or payment of these fees. Not all SweatWorking Services may work with your network provider or device.

 

SweatWorking receives and sends text messages (SMS). Standard cellular network messaging rates may apply to these messages. We are not responsible for any and all messages received or sent by your mobile device nor are we responsible for the incursion or payment of the associated fees. In addition, you understand and accept that you are solely responsible for any and all text messages (SMS) sent from your mobile device.

 

  1. Your Content and Account

 

A. User Generated Content.

 

The SweatWorking Services may allow you and other users of SweatWorking Services to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, or other content (“User Generated Content”). User Generated Content that you submit through SweatWorking Services will be stored, maintained and used by SweatWorking in accordance with our Privacy Policy. Certain types of User Generated Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.

 

You may not submit or upload User Generated Content that SweatWorking determines in its sole and absolute discretion is illegal, infringing, false, defamatory, harassing, threatening, intimidating, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.

 

You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our affiliates and subsidiaries, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

 

We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the SweatWorking Services, or any authors, experts, trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of SweatWorking, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by SweatWorking. You agree to comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any SweatWorking Services.

 

B. License to Your User Generated Content.

 

We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the SweatWorking Services and on third-party sites and platforms such as Facebook, Instagram, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

 

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

 

C. Public Forums.

 

Certain SweatWorking Services include public forums, which include without limitation, discussion forums, message boards, comment boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.

 

D. User Conduct.

 

You must only use the SweatWorking Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any SweatWorking Services. In using any SweatWorking Services, you expressly acknowledge you are prohibited from, and agree that you will not engage in any of the following prohibited conduct without our prior express written consent:

 

i. copy, reproduce, or improperly use or access any content on our SweatWorking Services;

ii. use the content on SweatWorking Services for any commercial exploitation whatsoever, except as permitted by an Independent Coach Agreement executed between you and SweatWorking, if applicable;

iii. disrupt or interfere with the security of, or otherwise abuse, SweatWorking Services, or any services, system resources, accounts, servers, or networks connected to or accessible through SweatWorking Services or affiliated or linked sites;

iv. access content, data or portions of SweatWorking Services which are not intended for you, or log onto a server or account that you are not authorized to access;

v. attempt to probe, scan, or test the vulnerability of the SweatWorking Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;

vi. access any SweatWorking Services through any automated means, such as “robots,” “spiders,” or “offline readers”;

vii. interfere or attempt to interfere with the use of SweatWorking Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;

vii. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on SweatWorking Services;

ix. harass, “stalk”, disrupt or interfere with any other user’s enjoyment of SweatWorking Services or affiliated or linked sites;

x. upload, post, or otherwise transmit through or on SweatWorking Services any viruses or other harmful, disruptive, or destructive files;

xi. use, frame, or utilize framing techniques to enclose any SweatWorking trademark, logo, or other proprietary information (including the images found on SweatWorking Services, the content of any text, or the layout/design of any page or form contained on a page) without SweatWorking’s express written consent;

xii. use meta tags or any other “hidden text” utilizing a SweatWorking name, trademark, or product name without SweatWorking’s express written consent;

xiii. deeplink to SweatWorking Services without SweatWorking’s express written consent;

xiv. create or use a false identity on SweatWorking Services, share your account information, or allow any person besides yourself to use your account to access SweatWorking Services;

xv. harvest or otherwise collect information about SweatWorking users, including email addresses and phone numbers;

xvi. download, “rip,” or otherwise attempt to obtain unauthorized access to any SweatWorking Services, content or other materials; and

xvii. post any copyrighted material unless the copyright is owned by you.

 

E. Your Account; Passwords.

 

Certain SweatWorking Services permit or require you to create an account to enjoy additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.

 

We reserve the right to suspend or terminate, in appropriate circumstances and in our sole and absolute discretion, the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for illegal conduct.

 

You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree not to use the account, username or password of any other account holder at any time. SweatWorking will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

 

F. Email Communication

 

You agree and consent to receive email messages from us. We may email you administrative messages or messages about our products, services, and offerings. You permit us to allow Coaches to send you emails we believe might be useful for you. More information about email privacy and options can be found in our Privacy Policy.

 

G. Member Public Profiles.

 

When you create a member account with us (such as a Team SweatWorking account), you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other SweatWorking members or account holders.

 

SweatWorking relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. SweatWorking does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.

 

You are solely responsible for your interactions with other members. SweatWorking does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.

 

  1. Products and Subscriptions

 

We offer certain products and services on a paid automatically renewing or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you purchase a subscription (the “Subscription”), you agree such Subscription will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.) and at the then-current rate. By choosing an automatic renewal or subscription option, you acknowledge and agree your subscription will automatically renew indefinitely until cancelled by you, and you authorize us to charge your payment card for the Subscription you purchased, plus applicable shipping and handling, and taxes. Your SweatWorking Subscription begins after you submit your personal and payment information and subscribe. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits.

 

SweatWorking may, in its discretion and from time-to-time, offer a free trial of the Subscription. In such a case, you will be required to enter your credit card information but it will not be charged until the free trial period has expired. Upon the expiration of the trial period, your credit card will be automatically charged the then-current rate for the Subscription unless you cancel your Subscription prior to the end of the free trial period. You may or may not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month, quarter or year as your initial purchase, although some charges may be delayed for business or legal reasons.

 

When you sign up for a Subscription and provide a payment method to SweatWorking, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month, quarter or year for the Subscription. 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 SWEATWORKING SERVICES, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

 

The pricing of our Subscriptions 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. SweatWorking 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 SweatWorking’s sole discretion. SweatWorking 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.

 

You may modify or cancel your subscription at any time by contacting our Customer Service at [email protected] Any modifications or cancellation of your subscription must be received by us at least three (5) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than three (5) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.

 

Notwithstanding the foregoing, if you purchase a Subscription through the Apple App Store, the following applies:

 

  1. Payment will be charged to your iTunes Account at confirmation of purchase
  2. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
  3. Account will be charged the price of the Subscription for renewal within 24-hours prior to the end of the current period
  4. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s iTunes Account Settings after purchase
  5. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

 

SweatWorking is an ongoing product and is susceptible to bugs and other imperfections. The Company makes no promises that it will fix or attempt to fix any bugs or other imperfections. You may send bug and crash reports to [email protected].

 

  1. Fitness and Nutrition Content.

 

A. The SweatWorking Services Do Not Constitute Medical Advice.

 

Although SweatWorking provides its products and services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any SweatWorking Services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. Under no circumstances should you disregard professional medical advice or delay in seeking it because of something you may have read on the SweatWorking Services. In case of a medical emergency, please call your doctor or 911 for assistance. Please do not contact us for the same, since we are not equipped to assist you in this regard. THE SWEATWORKING SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION, REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The information made available on or through the SweatWorking Services should not be relied upon when making medical decisions. YOUR USE OF ANY SWEATWORKING SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND SWEATWORKING. Your individual results using SweatWorking Services may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON SWEATWORKING SERVICES, 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 SWEATWORKING SERVICES. THE CONTENT OF SWEATWORKING SERVICES IS NOT REGULATED OR EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER GOVERNING AGENCY. THE USE OF ANY INFORMATION PROVIDED ON SWEATWORKING SERVICES IS SOLELY AT YOUR OWN RISK.

 

In using the SweatWorking Services, you affirm that either (A) all of the following statements are true: (i) neither a physician has ever informed you that you have a heart condition nor 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 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 the SweatWorking Services after reviewing the SweatWorking Services and your proposed use thereof.

 

You further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of the SweatWorking Services despite your pregnancy. You further represent and warrant that, should any of these statements become untrue, you will immediately cease use of the SweatWorking Services.

 

Nothing stated, posted or available on SweatWorking Services is intended to be, and must not be taken to be, the practice of medicine or counseling care. Developments in medical research may impact the health and nutritional topics discussed on SweatWorking Services, and no assurance can be given that the information contained on SweatWorking Services will always include the most recent findings or developments with respect to the particular material. Your access or use of SweatWorking Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on SweatWorking Services. If you rely on any of the information provided on SweatWorking Services, you do so solely at your own risk.

 

B. Nutrition Information.

 

Certain SweatWorking Services may provide nutrition, food, caloric and other related information designed to help you develop healthy eating habits to reach your health and wellness goals. While any nutrition information we or coaches may provide is designed to safely align with our related exercise regimens, you must consult your physician before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding.

 

C. Assumption of Risk.

 

You expressly acknowledge and agree that your access, use and/or involvement with any SweatWorking Services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless SweatWorking from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any SweatWorking Services.

 

  1. Copyright Policy

 

It is SweatWorking’s policy to respect the copyright and other intellectual property rights of others. SweatWorking may remove content from SweatWorking Services that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, SweatWorking may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, it is SweatWorking’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act.

 

If you believe that content available on or through the online SweatWorking Services, or accessible via links posted on online SweatWorking Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) to SweatWorking using the email address [email protected]

 

You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online SweatWorking Services infringes your copyright, you should contact an attorney.

 

A Notification must include the following:

 

  1. Identification of the copyright claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
  5. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are repeat infringers.

 

  1. Indemnity

 

You agree to hold harmless the Company, its affiliates, and their respective officers, directors,  employees, agents and representatives from any and all legal proceedings and any and all losses, liabilities, damages, and expenses incurred from your use of SweatWorking Services, including downloading, installing, uninstalling, and using SweatWorking Services, or your violation of these Terms.

 

You acknowledge that any breach, threatened or actual, of these Terms, including, without limitation, violations or infringement of SweatWorking’s intellectual property or proprietary rights, may cause irreparable injury to SweatWorking, whereby such injury would not be quantifiable in monetary damages, and SweatWorking would not have an adequate remedy at law.  In the event of such injury or potential for such injury you therefore hereby agree that SweatWorking shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms.

 

Any actual or attempted use of the SweatWorking Services by you in violation of these Terms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.  SweatWorking reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the SweatWorking Services (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the SweatWorking Services.  SweatWorking may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity.  SweatWorking will also disclose User Information as required by any court order and/or subpoena.  In addition, SweatWorking hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the SweatWorking Services, or any portion thereof, in order to protect the SweatWorking Services, SweatWorking intellectual property, SweatWorking, or the business interests of SweatWorking and/or its members and affiliates.

 

  1. Disclaimer of Warranties

 

YOU ACKNOWLEDGE AND AGREE THE SWEATWORKING SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH AND WELLNESS CONTENT AND ADVICE, FITNESS CONTENT AND ADVICE, AND NUTRITIONAL ADVICE OR INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SWEATWORKING SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, AVAILABILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE SWEATWORKING SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. WE MAKE NO WARRANTY THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY SWEATWORKING SERVICES.

 

YOU AGREE TO USE THE SWEATWORKING SERVICES AT YOUR SOLE RISK. YOU WILL NOT HOLD SWEATWORKING OR ITS THIRD-PARTY SERVICE PROVIDERS (INCLUDING SWEATWORKING COACHES), LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SWEATWORKING SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE SWEATWORKING SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

 

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH SWEATWORKING SERVICES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH SWEATWORKING SERVICES MAY BE AVAILABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH SWEATWORKING; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SWEATWORKING SERVICES.

 

  1. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWEATWORKING OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO SWEATWORKING OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY SWEATWORKING SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF SWEATWORKING AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO SWEATWORKING FOR ANY SWEATWORKING SERVICES. YOU AGREE THAT TO THE EXTENT PERMISSIBLE IN YOUR JURISDICTION, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SWEATWORKING SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SWEATWORKING AND YOU, AND THE SWEATWORKING SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SWEATWORKING WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, WAR, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES, UNAUTHORIZED ACCESS, INTERNET SECURITY BREACHES, MISUSE OF USERNAMES OR PASSWORDS, THEFT, ACTS OF TERRORISM OR GOVERNMENTAL ACTION.

 

  1. Choice of Forum

 

These Terms shall be governed in all respects by the laws of the State of Illinois and any dispute not settled by private negotiation or by mediation shall be finally resolved by a court located in Cook County, Illinois.

 

  1. Term and Termination

 

We may terminate your access to SweatWorking Services, without cause or notice, which may result in the forfeiture and destruction of your backed up data and license information. If your access is terminated while you own an active license, you will not be refunded, but future scheduled payments will be canceled. You agree that SweatWorking shall not be liable for any termination of your access and/or use of SweatWorking Services. These Terms will terminate automatically if (i) you fail to comply with its terms and conditions; or (ii) cease all use of the SweatWorking Services.  Termination will be effective without notice.  Upon termination of these Terms, any and all right(s) to use the SweatWorking Services shall immediately cease and you must promptly return to SweatWorking all tangible embodiments of the SweatWorking Services in your possession or control.  All provisions of these Terms that, by their nature, should survive termination shall survive termination.

 

If SweatWorking deletes your account or terminates your interaction with any SweatWorking Services, you may not re-register for the SweatWorking Service. SweatWorking may block your email address and Internet protocol address to prevent further registration. SweatWorking is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

 

  1. Notices

 

You consent to receive all communications including notices, agreements, disclosures, or other information from SweatWorking electronically. SweatWorking may provide all such communications by email, text message, or by posting them on the SweatWorking Services. For support-related inquiries, you may send an email to [email protected]

 

  1. Miscellaneous

 

These Terms constitute the final, exclusive and complete agreement between you and SweatWorking regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and SweatWorking, except for any Independent Coach’s Agreement executed between you and the Company, if applicable.

 

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. All rights and provisions will still be available to the Company at any time. Any waiver must be in writing signed by the Chief Executive Officer of SweatWorking in order to be effective.

 

If any part of these Terms are determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

 

The Terms are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. SweatWorking may assign these Terms to any person or entity at any time, for any reason, with or without notice to you. You may not assign these Terms without SweatWorking’s prior written consent. No third party shall have any rights hereunder.