Terms of Service - Fitness Whiteboard
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Terms of Service

Introduction
The FitnessWhiteboard.com website and the Fitness Whiteboard mobile application were designed for fitness enthusiasts to track, share and analyze their workouts.  The following “Agreement” together with the “Privacy Policy” encompasses the Terms and Conditions of Use (“Terms of Use”) of this proprietary software as well as Fitness Whiteboard’s usage of data inputted by users, trainers, and third-parties.

If you do not understand any of these Terms of Use or have any questions, you may contact Fitness Whiteboard at help@FitnessWhiteboard.com.

From time to time, Fitness Whiteboard may make changes to the Terms of Use.  When changes are made that Fitness Whiteboard’s considers material, we will notify you.  By continuing to use the Service after those changes are made, you are expressing your acceptance of those changes.

*Please read the entire Terms of Use below before using Fitness Whiteboard’s services and acknowledging your acceptance.

Acknowledgement of Terms of Use
By accessing and using the Services, you acknowledge that you are over the age of eighteen (18) and have read, understood, and voluntarily agree to the Terms of Use.  If you do not accept these Terms of Use, you are not authorized to use the Services. Fitness Whiteboard may modify the Terms of Use at any time and such modification will be effective upon posting to the website and/or mobile application or other reasonable notice to you.

Definitions
“Trainer” sometimes referred to as “you”, “your”, or any variation thereof, is defined as a Fitness Trainer who has contracted with Fitness Whiteboard for its services, or by any other available notice to you.

“Services” are defined as any and all services provided by Fitness Whiteboard to its users in any form or manner by and through its website and mobile application, or any other means.

“User” sometimes referred to as “you”, “your”, or any variation thereof, is defined as any person who elects to use Fitness Whiteboard subject to Terms of Use.

“Fitness Whiteboard” is the provider of “services” through its proprietary software to “Trainers” and “users”.

License
As long as you comply with the Terms of Use, Fitness Whiteboard grants you the right to use its website and Services.  However, you are only permitted to use the Services for personal use.  You are not permitted to use the website or services for any business purposes or for monetary gain.

Furthermore, the Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written approval of Fitness Whiteboard.  This limited license grants You no rights in or to the intellectual property of Fitness Whiteboard or any other party. The license granted in this section is conditioned on Your compliance with the Terms of Use. In the event that You breach any provision of the Terms of Use, Your rights under this section will immediately terminate.

User Content
“User Content” is any content, materials or information, other than personally identifiable information such as your email, address, phone number, that You upload or post to, or transmit, display, perform or distribute by means of, the Website, or Mobile Application, whether in connection with Your use of Services or otherwise.

You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the Fitness Whiteboard Parties under this section.

Fitness Whiteboard reserves the right to (i) remove, suspend, edit or modify any User Content in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Fitness Whiteboard is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Content submissions.

Fitness Whiteboard also reserves the right to access, read, preserve, and disclose any information as Fitness Whiteboard reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Fitness Whiteboard, its users and the public.

No Warranty and Your Risk of Use
The Fitness Whiteboard Services are provided “AS IS”, without any express or implied warranty or condition of any kind whatsoever and Fitness Whiteboard disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement to the fullest extent of the law.  In other words, you use the Fitness Whiteboard Service at your own risk.

Limitation of Liability
To the fullest extent permitted by law, in no event and under no circumstances will Fitness Whiteboard, its Officers, Shareholders, Employees, Agents, Directors, Subsidiaries, Trainers, Successors, Assignees, Assignors, Suppliers, Licensors, or Vendors, be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, regardless of legal theory, and without regard to whether or not Fitness Whiteboard has been warned of even the possibility of those damages, and even if a remedy fails of its essential purpose.

You specifically acknowledge that Fitness Whiteboard shall not be liable for content or the defamatory, offensive or illegal conduct of any user, member or third-party and that the risk of harm or damage from the foregoing rests entirely with you.

Any user or member who claims to have been damaged will be limited to the consideration paid for the services.

Indemnification
To the fullest extent of the laws in the State of New Jersey, you agree to defend, indemnify and hold harmless Fitness Whiteboard, its parent company, subsidiaries, successors-in-interests, predecessors-in-interest, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses, including but not limited to attorneys fees arising from: (1) your use and access to the Services; (2) your violation of any Terms of Service; (3) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; or (4) any claim that your Content caused damage to a third party, irrespective of whether or not Fitness Whiteboard is claimed or determined to be partially or wholly negligent by any competent Court of Law.

Arbitration Provision
You agree that any and all claims or disputes arising out of your usage of Fitness Whiteboard’s Services are subject to Arbitration pursuant to the American Arbitration Association Rules and Regulations EXCEPT FOR (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Fitness Whiteboard Services.  The place of arbitration shall be Philadelphia, PA.  The arbitration shall be governed by the laws of the State of New Jersey.

Choice of Law and Exclusive Jurisdiction
This Agreement and any claims or disputes shall be subject to the laws of the State of New Jersey.  You also agree to submit to the jurisdiction of the State and Federal Courts of the State of New Jersey.

Entire Agreement and Terms of Use
This Agreement and Terms of Use constitute all the terms and conditions agreed upon between you and Fitness Whiteboard and supersedes any prior or subsequent agreements in relation to the subject matter of these Agreements, whether written or oral.  Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Fitness Whiteboard are void.  You represent that you have not accepted the Agreements or Terms of Use in reliance on ay oral or written representation made by Fitness Whiteboard that are not contained herein.

Severability
Should any provision of the terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms of Use, and the application of that provisions shall be enforced to the extent permitted by law.