Effective Date: April 1, 2020
Welcome to My Workouts, provided by Myworkouts, Inc. (“Myworkouts” or the “Company”). These Terms of Service (“Terms”) apply to www.myworkouts.io and any of our websites that link to these Terms as well as our other related mobile websites, mobile Myworkouts applications (“mobile apps”), services, tools, and other applications that link to these Terms (collectively, the “Site”).
It is important to us that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
This is a general audience Site for individuals residing in the United States who are over the age of 18. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). If you are under 18 you may not create an account without our prior written consent, and you and your parent should contact us at firstname.lastname@example.org so that we can obtain your parent’s written permission.
The Site is not intended for users . If you are under 13, do not use the Site and do not provide us with any personal information.
We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We do not intend to collect Personal Information/Personal Data as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information/Personal Data”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information/Personal Data in a manner not permitted by COPPA, please contact us.
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If Company believes the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR COLLATERAL. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, COMPANY AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF COMPANY (“”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY GROUP MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE COMPANY GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE COMPANY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE COMPANY GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permissible by law, with the exception of disputes pertaining to Company’ intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Company arising under these Terms shall be resolved through binding arbitration pursuant to and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the internet industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 8 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8 satisfies the “writing” requirement of the FAA. The parties shall split the cost of any arbitration equally, and each side shall be responsible for their own attorney fees. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
This Site and materials incorporated by Company on this Site, including data files, program files, software, codes and other materials that are made available to download from this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the trademarks, trade names, characters, logos or other images incorporated by Company on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Company or others (“Trademarks”). Company respects the intellectual property rights of others and asks users of this Site to do the same. The use or misuse of the Copyrights or Trademarks, except as permitted herein, is prohibited and nothing stated or implied on the Site confers on you any license or right to the Trademarks, Copyrights, moral rights, information or other intellectual property rights (whether or not registered) of Company or any third party. For the sake of clarity, these Terms prohibit the unauthorized use, copying, scraping, or other modification or use of the Company’s information on the Site or otherwise.
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may copy, access, download and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, licensed or used in any way unless specifically authorized by Company. Any authorization to copy or download Material granted by Company in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE COMPANY GROUP. COMPANY DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF COMPANY. COMPANY MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN COMPANY’ SOLE DISCRETION BUT IS UNDER NO OBLIGATION TO DO SO. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
You are not permitted to share your account with any third parties. Any recommendations made to you, analysis performed, or other services provided are specific to you. The usage of your account by any third party would compromise the accuracy and benefits of our services. If we become aware at any time that you are sharing your account with any third party, then we reserve the right to terminate your account immediately, and cease providing you access to all services.
Company will consider anything you provide to Company and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site, in which event those Additional Terms may determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
You may request that we delete your Account by contacting us as described in these Terms, or through your own account page. When you deactivate your account or ask that we delete your Account on Company Applications we will retain logs and non-personally identifiable information about you along with an archival copy of your information, which is not accessible by you or third parties on Company Applications but which might be used for recordkeeping and internal purposes.
If you believe that any content appearing on this Site infringes your copyright rights, we at Company want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
(a) Your name, address, telephone number, and e-mail address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) The exact URL or a description of each place where alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Company seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service Company as defined in USC section 512(c) or elsewhere.
Company’s personalized workout tools are part of the services and may be used only by individuals that are healthy enough to conduct such exercises, and only upon consultation with their medical professional. In using the Site, you are accepting and assuming full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type which may occur as a result of your use of the Site or performance of any of the exercises or workouts contained therein, even if such exercises or workouts are recommended to you personally.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, Myworkouts, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.
You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from any of your actions or omissions or your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto Company’ servers, and/or from any and all use of your account.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Company shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Company considers insecure, Company will be entitled to require this to be changed and/or terminate your account.
In order to use this Site, you must obtain access to the Internet and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the Internet (including a computer, modem, mobile device, tablet and/or other access devices).
Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
Company makes no representation that Materials or other content on the Site are appropriate or available for use outside of the United States. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
This Site may link you to other sites on the Internet. These sites may contain information about job opportunities, employers, colleges, universities, other educational programs or materials or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that (whether or not such sites are affiliated in any way with Company), Company is not responsible for the accuracy of job postings, employer descriptions, candidate resumes, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Company or any association with its operators. Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g., social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.
The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
With the exception of Section 8 which will be construed in accordance with the FAA, to the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York.
If you purchase any services that we offer for a fee, you agree that Company’ third party vendors may store your payment information. You also agree to pay the applicable fees for products/services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. You can or may be required to sign up for automatic billing or recurring billing for some products or services offered on the Site. Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the products you order will be described on the offer page on the Site. If you sign up for automatic or recurring billing, you will be notified of the billing terms on the Site and how to stop recurring billing. By signing up for Company products or services with recurring billing, you will be deemed to agree to those billing terms as described specifically on the Site. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices, because of exchange rates. Your transaction may be subject to foreign currency exchange fees assessed by your bank or card issuer. Company has the discretion to alter prices for products/services at any time. Company is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. Company does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.
You may cancel your subscription anytime by contacting our customer service department or by going to the online cancel page on your user account page. If same is billed monthly your cancellation must be received five days prior to the first day of the next month to avoid being obligated to pay that month’s costs. Company will send an email with a cancellation number to confirm any cancellation request. If you do not receive this confirmation and still wish to cancel, please contact our customer service department directly for further assistance. Company may issue a refund if notice of cancellation is provided before the end of any trial period. However, Company does not guarantee refunds after trials are expired.
You acknowledge that any products or services that you purchase are subject to these Terms and any additional terms related to the provision of any product or service.
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
This Site is controlled and operated by Company. Please forward any comments, complaints, or questions about the Site or privacy matters to email@example.com.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Company relating to the matters contained here and the Site.