INTENDED USE. The Services and/or Sites are intended to be used by individuals for purposes of the development of personal fitness goals and training. Your use of the Services and/or Sites for any other purpose or in any other manner is at your own risk.
REGISTRATION. To use the Services and/or Sites, you may need to create an account, including a username and password. When you register for an account, you are required to provide information about yourself that is true, accurate, current, and complete in all respects, including your name, address, [sex], [age], [fitness level], [medical conditions we should be aware of], and e-mail address. You are solely responsible for disclosing full and accurate information about yourself. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You may not share your account information with any third party, and you are responsible for maintaining the confidentiality of your account. You are fully responsible for all activities that occur through the use of your account. Should any of your registration information change, please update your account information or notify us immediately.
AVAILABILITY. We may modify, update, interrupt, suspend or discontinue the Sites or Services, in each case in whole or in part, at any time in our sole discretion without notice. The Sites and/or Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.
LIMITED LICENSE. Subject to your compliance with these Terms and your timely payment of all fees charged for our Services, we grant you a limited, non-exclusive, non-transferrable, revocable license to access and use the Sites and Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell or otherwise exploit for any commercial or any other non-personal purpose the Sites or Services, or any content contained or made available via the Sites or Services, without our express written consent. This limited license immediately terminates if you do not comply with the terms of this paragraph.
TERMINATION OF ACCOUNT. We reserve the right, in our sole discretion, to determine whether your use of the Sites and Services is consistent with these Terms. We, in our sole discretion, may suspend, restrict or terminate your use of the Sites and/or Services.
RESTRICTIONS ON USE. In connection with your use of the Sites and Services, you represent and warrant to us that you:
THIRD PARTY WEBSITES AND SERVICES. Our Sites and Services may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site and provide these links as a convenience only. You agree that your use of a Third Party Site is at your own risk and that we are not responsible for the availability or contents of any Third Party Site and in no event shall we, our parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the Sites or Services, even if informed of the possibility of such damages.
The trademarks, service marks, logos, trade dress, graphics page headers, button icons, scripts, and service names (collectively, the “Marks”) included in or made available through the Sites or Services are, unless otherwise identified, the property of Uphill Athlete. The Marks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Sites or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Product names used on the Sites and Services are for identification purposes only and may likewise be the trademarks of their respective owners. No license or right is granted by implication, estoppel or otherwise to any Mark included in or made available through the Sites and Services.
NO WARRANTY. THE SITES, SERVICES AND ALL INFORMATION ON OR FROM THE SITES AND SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE SITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND SERVICES AND THEIR OPERATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITES OR SERVICES WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITES, SERVICES OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERICES.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITES OR SERVICES OR FROM ANY INFORMATION OR CONTENT ON THE SITES OR SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY OUR DULY AUTHORIZED REPRESENTATIVE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESERVATION OF RIGHTS. No other rights are granted except as expressly stated in these Terms of Service, and nothing herein conveys any rights or ownership or license in, or to, the Sites or Services or any underlying software or intellectual property. We own all right, title and interest, including all intellectual property rights, in and to the Services and the underlying software, and any and all updates, upgrades, modifications, enhancements, improvements or derivative works thereof, and in any idea, know-how, and/or program(s) developed by us or our authorized users during the course of performance of the Sites or Services.
INDEMNIFICATION. You agree to defend, indemnify, and hold us and all our affiliates, employees, officers, directors, contractors, agents, licensors, successors, and assigns harmless from any and all claims, judgments, awards, demands, suits, proceedings, investigations, damages, costs, expenses, losses, and any other liabilities (including reasonable attorneys’ fees, court costs and expenses) arising out of or relating to (i) your use of the Sites and/or Services in violation of these Terms of Service, (ii) a claim excluded under these Terms of Service, (iii) any actual or alleged breach by you of any representation, warranty, covenant or obligation under these Terms of Service, or (iv) your gross negligence or willful misconduct. Your indemnification obligations under this Section will survive any termination or expiration of your subscription to the Services.
FORCE MAJEURE. No failure, delay or default in performance of any obligation of a party will constitute an event of default or breach of these Terms of Service to the extent that such failure to perform, delay or default arises out of a cause that is beyond the control and without negligence of such party, including (but not limited to) natural disasters (e.g. lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; a local exchange carrier’s activities, and other acts of third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; failures of telecommunications providers or internet service providers; and failures of third party suppliers, service providers or vendors. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.