PD FITNESS Apps, Terms of Use & Licensed Application End User License Agreement

Date of last revision: July 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. By using this application (the “App”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. PD Fitness Apps, (“PD FITNESS”) may change these Terms of Use at any time without notice, effective upon its posting to the App. Your continued use of the App shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this App.

Physical Activity Notice

The App may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. PD FITNESS is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.

Intellectual Property

All intellectual property on the App is owned by PD FITNESS or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by PD FITNESS. All content on the App (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of PD FITNESS; All rights reserved.

App Use Restrictions

You may use the Content only for your own non-commercial use to use the App. You agree not to change or delete any ownership notices from materials downloaded or printed from the App. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the App, including Personal Information (defined below), without PD FITNESS’s prior written consent, unless it is your own Personal Information that you legally post on the App. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Personal Information

To use the App, you may be asked to provide certain personal information (the “Personal Information”), including information about your weight, age and gender, to optimize your use of the App. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself, and PD FITNESS will not be responsible for any injury related to any Personal Information you submit to the App or omit. The use or disclosure of any Personal Information you supply will be governed by our Privacy Policy.

Links

The App may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). PD FITNESS does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. PD FITNESS is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Mobile Services

The App contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using PD FITNESS’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

Indemnification

You agree to indemnify, defend, and hold harmless PD FITNESS APPS, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this App.

User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. PD FITNESS is not responsible or liable for any loss or damage resulting from any interaction with other App users, persons you meet through the App, or persons who find you because of information posted on, by or through the App. You agree to take reasonable precautions in all interactions with other users on the App, and conduct any necessary investigation before meeting another person. PD FITNESS is under no obligation to become involved with any user dispute, but may do so at its own discretion.

Warranty Disclaimer

PD FITNESS is not responsible or liable for any Personal Information posted on the App or for any offensive, unlawful or objectionable content you may encounter on or through the App. The App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, PD FITNESS disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. PD FITNESS cannot guarantee and does not promise any specific results from use of the App. PD FITNESS does not represent or warrant that the App will be uninterrupted or error-free, that any defects will be corrected, or that this App or the server that makes the App available are free of viruses or anything else harmful. To the fullest extent permitted by law, PD FITNESS does not make any warranties or representations regarding the use of the materials or Content in the App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the App, loss of data or other harm of any kind that may result. PD FITNESS reserves the right to change any and all Content and other items used or contained in the App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

PD FITNESS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APP OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A DAILY WORKOUT EVENT OR ANY PERSONAL INFORMATION, EVEN IF PD FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST PD FITNESS FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF PD FITNESS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, PD FITNESS’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

PD FITNESS reserves the right in its sole discretion to terminate your account, delete your profile and any of your Personal Information, and restrict your use of all or any part of the App for any or no reason, without notice, and without liability to you or anyone else. PD FITNESS also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the App. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.