Last Updated: May 6, 2016
Prior to using the App, it is important for you to know and understand that by using the App, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the App is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the App or your use of the App.
1. HEALTH WARNING AND LIABILITY DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE APP IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE APP IS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 3 BELOW BEFORE COMMENCING YOUR USE OF THE APP.
STRETCHIT SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE APP.
2. WHO MAY USE THE APP
You must be at least 18 years old to use the App. Parents and guardians are responsible for monitoring and supervising your child's use of the App. If your child is using the App without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the App, please contact us at email@example.com.
3. PROFESSIONAL ADVICE AND MEDICAL DESCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE APP IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE APP OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR AVAILABLE THROUGH THE APP IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE APP AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE APP. THE USE OF ANY INFORMATION PROVIDED ON THE APP IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
4. YOUR REPRESENTATIONS AND WARRANTIES AS A CUSTOMER
In becoming a customer of StretchIt with the intent of using the App (“Customer”), you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or 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 immediate 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 App.
If applicable, you further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of the App.
5. GENERAL DISCLAIMERS
StretchIt provides the App on an "as is" and "as available" basis. You therefore use the App at your own risk.
StretchIt expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
Without limiting the foregoing, StretchIt make no representations or warranties:
StretchIt reserves the right to modify the App. StretchIt shall not be responsible for loss or corruption of your personal profile and training information, your photos and other data. StretchIt hereby waives all claims with respect to damage to your mobile device.
To the extent that a secondary party may have access to or view the digital content displayed through the App (“Digital Content”) on your mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the App, and no warranties shall apply after such period.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by law: (i) in no event shall StfretchIt and its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) StretchIt’s and its affiliates’ total liability to you for all damages arising from your use of the App, the Digital Content, or information, materials or products included on or otherwise made available to you through the App, exceed the amount you paid to us to view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE APP.
CONSENT TO EMAIL: When you become a Customer, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the App, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
8. REGISTRATION AND YOUR INFORMATION
If you want to access and use the App, you’ll have to create an account (“Account”). You should do this via the App. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
You may not use anyone else's password or Account at any time. You may not attempt to gain unauthorized access to the App. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, your Account will be terminated.
9. THE SERVICE AND PURCHASES
a. Digital Content. The Digital Content consists of Classes compiled in Training Packages. Subscribers get unlimited access to the respective Digital Content and access to personalized Training Programs.
b. Subscription Pricing and Terms. The App is free to download. Subscription to the App starts with an optional free trial lasting 7 days. We offer the following auto-renewing subscription options:
US$ 4.99/month per Training Package.
Your subscription(s) will renew automatically unless cancelled at least 24 hours prior to the end of the trial or subscription period and your credit card will be charged through your iTunes account. You can turn off auto-renew at any time from your iTunes account settings. Once purchased, refunds will not be provided for any unused portion of the term.
10. APP AND DIGITAL CONTENT
a. Proprietary Rights. All materials and content on the App, including, without limitation, names, logos, servicemarks, trademarks, images, text, columns, graphics, Digital Content and other videos, photographs, illustrations, artwork, software, scripts, sounds, music, interactive features and the like and other elements, (collectively, "App Content") are owned by or licensed to StretchIt, subject to copyright and other intellectual property rights under the law and are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by StretchIt.
b. License to Digital Content. Subject to your payment of any subscription fees (including applicable taxes) to obtain access to Digital Content and personalized Training Programs, and your compliance with all other terms of the Agreement StretchIt grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable viewing period, to access, view, use and display the Digital Content for Non-Commercial, Private Use. As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., at a gym or dance studio), even if no fee is charged for viewing the Digital Content.
c. Availability of Digital Content. During the term of your subscription the respective Digital Content may be downloaded to your mobile device and used at your convenience. If you turn off auto-renew of your subscription, the Digital Content will be deleted from your mobile device upon expiration of the respective subscription period.
d. General Restrictions. You may not transfer, copy or display the App Content, except as permitted in this Agreement. In addition, you may not: (i) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the App Content to any third party, (ii) remove any proprietary notices or labels on the App Content, or (iii) use the App or App Content for any commercial or illegal purpose.
As between you and StretchIt, you own all content that you submit to the App, whether directly via the App or indirectly (for example, via Facebook, Instagram or Twitter). However, it is important that you understand that by posting a submission to StretchIt, you are granting StretchIt and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" or "performance rights" in your content.
If you make suggestions to StretchIt on improving or adding new features to the App, StretchIt shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to StretchIt and grant the licenses set forth above; (ii) StretchIt will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws. You may not use the App for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You agree to indemnify, defend, and hold harmless StretchIt and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that: (i) arise from your activities on the App; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to StretchIt violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. StretchIt reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with StretchIt in connection therewith.
13. ADDITIONAL TERMS
a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and StretchIt may, in its discretion, immediately revoke your access to the App without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you posses, and StretchIt shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the App.
b. Explicit Content. You understand that by using the App, you may encounter content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the App at your sole risk, and StretchIt shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that StretchIt does not guarantee their accuracy.
c. Amendments. StretchIt reserves the right to make changes to this Agreement at any time. Your continued use of the App following any such changes will constitute your acceptance of such changes.
d. Disputes/Binding Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
e. Governing Law. By using the App you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and StretchIt.
g. Contact Information. For communications concerning this Agreement, please write to StretchIt at 444 W 48th Street #1A, New York, NY 10036, USA.