PoolFit Terms & Conditions of Use Agreement
Welcome to the PoolFit. This agreement pertains to both the PoolFit website and app, hereinafter referred to as the "App," the "Website," or the "App/Website".
PoolFit provides follow-along water exercise and in-home fitness workouts, as well as fitness education and tips. The app is not directed for persons under 18 years of age.
- The App/Website is owned by Fitmotivation Inc.
- These Terms & Conditions of use apply to all videos, products, services and programming provided by PoolFit and Fitmotivation Inc.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE APP.
Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the App/Website. By using the App/Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Subscriber” (which means that you have registered as a user). If you do not accept the terms of this Agreement, you should leave the App/Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the App/Website. You agree to be bound by any modification to this Agreement when you use the App/Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
General Registration Requirements
If you wish to become a Subscriber/Member you must read this Agreement during the registration process. In consideration of your use of the App/Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the registration form available on the App/Website
- Maintain and update your Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
Fitmotivation Inc reserves the right to suspend or terminate your
account and refuse any and all current or future use of the Service at
any time. Use of the Service and membership on the App/Website is void
Content on the App/Website is provided to you “AS IS” for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Fitmotivation Inc. Fitmotivation Inc reserves all rights not expressly granted in and to the App/Website and the Content.
You may access App/Website and Content as available:
- For your information and personal use
- As intended through the normal functionality of the App/Website and services
- For Streaming or download within the app only. “Streaming” as in a contemporaneous digital transmission of an audiovisual work via the Internet from the PoolFit App/Website to a user’s device in such a manner that the data is intended for real-time viewing and downloading strictly within the app and not intended to be copied, stored, permanently or redistributed by the user). Accessing App videos for any purpose or in any manner other than streaming or downloading within the app is expressly prohibited. Downloading of videos can only be done on the app and users will only have access to these downloaded videos as long as they remain a subscriber. Users will no longer have access to these downloaded videos once they cancel. Downloading streaming videos on the full website is strictly prohibited.
PoolFit Website Subscription
Subscriptions obtained through the website are subject to the Terms & Conditions of Use Agreement for the PoolFit website. All subscriptions auto-renew. Monthly subscriptions ($15.95/month), billed monthly, and Annual subscriptions ($159.50), billed yearly, are charged on the renewal date that is prominently displayed in a Subscriber’s Account Settings. If a trial is offered, a monthly subscription auto-renews AFTER the trial period unless canceled. An annual subscription is CHARGED UPON subscription with the trial period deducted from the charge, for a total of $143.55 billed upon initial subscription. The trial and all subscriptions can be canceled at any time. To cancel, log in, click on MY ACCOUNT, click Cancel Subscription. Please cancel ONE DAY prior to renewal date to avoid charges. Any questions regarding billing, refunds or payments on subscriptions obtained through the website should be directed to the website at: email@example.com
Third Party Subscriptions
If you obtain a PoolFit subscription via a third party (e.g., an app store), that subscription is also subject to the third party's terms, and the provisions in this Agreement concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that subscription to the extent this Subscriber Agreement conflicts with the applicable third party's terms. For subscriptions obtained via a third party, your billing relationship will be directly with the applicable third party. Any fees charged for your PoolFit App will be billed by the applicable third party using the payment information you have provided to such third party. To cancel a PoolFit subscription obtained via a third party, please follow the cancellation instructions set out by the applicable third party.
Terms and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of the App/Website. You may terminate your membership at any time, for any reason, by following the instructions on the App/Website. If you cancel your membership before the end of the applicable billing cycle, you will not receive a refund for the current billing period. Access to the App/Website ends the moment you terminate your membership.
Fitmotivation Inc reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Fitmotivation Inc believes that you have breached any of the terms of this Agreement, furnished Fitmotivation Inc with false or misleading information, or interfered with use of the Website or the Service by others.
Membership (Subscriptions obtained via third party subscription are subject to the membership terms of that third party)
- No Sharing. Members of the PoolFit Website may not share, give or sell their password or username to any other person or entity outside of your immediate family/household. Excessive viewings or logins by any Member will be construed by Fitmotivation Inc as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When subscribing to the website you agree to take all actions possible to protect your username and password from fraudulent use.
- Fraudulent Use. Fitmotivation Inc reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
- Billing. Memberships are billed monthly or yearly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Fitmotivation Inc will not reimburse the Member for the remainder of any paid month or year, nor will reimbursements be made for membership cancellations prior to any monthly or yearly renewal date. Subscribers may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges.
- Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If PoolFit later increases the price of the subscription, PoolFit will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 15 days prior notice before the charge is made. If you are given less than 15 days prior notice, the price increase will not apply until the payment after the next payment due.
Physical exercise, in all of its forms, including but not limited to water exercise and in-home fitness activities with and without equipment that may be suggested and depicted in PoolFit Website/App content, is a strenuous physical exercise that may cause injury or physical/mental exhaustion. Accordingly, you are urged and advised to seek the advice of a physician before engaging in any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website/App or sold in the PoolFit Marketplace. Additionally, you should avoid exercising in the pool if there is no one else present in the pool area. PoolFit is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while exercising to PoolFit videos. Nothing contained in this Website/App should be construed as any form of such medical advice or diagnosis. By using the Website/App you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to work within your own physical limitations and capabilities and encourage your students to do so as well. You understand that instruction provided in PoolFit videos may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition and that of your students.
IMPORTANT SAFETY REMINDERS
- Always obtain your physicians approval before beginning or changing an exercise program
- Exercise within your own abilities. Modify exercises as needed and slow the pace down to suit your own fitness level.
- Avoid exercising in a pool alone. Make sure someone else is present in the pool area.
You hereby expressly waive and release any claim that you may have at any time for injury of any kind against Fitmotivation Inc, or any person or entity involved with Fitmotivation Inc, including without limitation its directors, principals, video instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
By providing information about yourself to PoolFit, you are representing that you are eighteen (18) years of age or older. Minors in your household participating in these videos are under your responsibility and safekeeping.
Member Account, Password & Security
If you register on the Website, you will be required to choose a password and user name. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fitmotivation Inc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from Fitmotivation Inc. Fitmotivation Inc will not be liable for any loss or damage arising from your failure to comply with this Agreement.
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Fitmotivation Inc/or content providers who provide content to PoolFit. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
All materials on the App/Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Fitmotivation Inc and third party providers. You acknowledge and agree that all Materials on the Website/App are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website/App, no Material may be copied, reproduced, republished, sold, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without PoolFit’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the App/Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
Fitmotivation Inc and Third Parties/Other Websites
Any reference to any third party on the Website is provided to you for informational purposes only. Fitmotivation Inc encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Fitmotivation Inc works to ensure the information on the Website is current and accurate, Fitmotivation Inc does not warrant the accuracy of any information contained on the Website.
Termination or Suspension of Account
You agree that Fitmotivation Inc may at any time and for any reason, including a period of account inactivity, terminate your access to the Website, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE APP/WEBSITE SHALL BE AT YOUR SOLE RISK. THE APP/WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Fitmotivation Inc, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Fitmotivation Inc MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APP/WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP/WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Fitmotivation Inc SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
Fitmotivation Inc DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Fitmotivation Inc WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation on Liability
IN NO EVENT SHALL Fitmotivation Inc, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP/WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Fitmotivation Inc SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Fitmotivation Inc IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Fitmotivation Inc SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY Fitmotivation Inc OR ANY OF ITS EMPLOYEES. Fitmotivation Inc IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES Fitmotivation Inc WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
Exclusions and Limitations
Those who access or use the App/Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Fitmotivation Inc, its subsidiaries, video instructors, affiliates, subcontractors, officers, directors, employees, consultants, representatives 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 and costs) arising from: (i) your use of and access to the App/Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the App/Website.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the App/Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the App/Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fitmotivation Inc without restriction.
Waiver and Severability of Terms
The failure of Fitmotivation Inc to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App/Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law and Venue
This Agreement shall be governed by the laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and Fitmotivation Inc that arises in whole or in part from the App/Website, shall be decided exclusively by a court of competent jurisdiction located in Sarasota County, Florida You agree that: (a) the App/Website shall be deemed solely based in Florida; and (b) the PoolFit App/Website shall be deemed a passive app/website that does not give rise to personal jurisdiction over Fitmotivation Inc, specific or general, in jurisdictions other than Florida.
Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Fitmotivation Inc reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the App/Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. Questions? If you have any questions regarding this Agreement or the AppWebsite, feel free to contact us by email at firstname.lastname@example.org