Terms of Use

Version 1: 1 July 2014

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING

OC Digital, LLC (FITRME) provides software and services (defined collectively as the "Service") on the FITRME website (Application). By providing your email address and creating an account as a user of the Service (a "User" or "you"), or by otherwise using the FITRME website or mobile application, you agree to comply with and be bound by the following terms of use ("Agreement"), which we may change at any time by posting notice on the Service. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Service.

Health Disclaimer and Warning

You should consult your physician or other health care professional before starting any fitness 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 or have experienced chest pain when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start a fitness program 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.

This Application may offer health, fitness and/or nutritional information designed for educational purposes only. You should not rely on this information 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 with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this Application. The use of any information provided on this Application is solely at your own risk.

Developments in medical research may impact the health, fitness and/or nutritional advice that appear on this Application. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.

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.

Terms of Use

This Agreement is a legally binding agreement that governs your use of the Application or any successor application branded with our Fitrme™ brand. We reserve the right, at our discretion, to change, modify, add or remove portions of the Agreement at any time. You can always check out the most current version of these Agreement at this page. You can determine when this Agreement was last revised by referring to the "Version" and

Subscription

You may choose to purchase a subscription to the Application to gain access to personalized dynamic circuit training workouts. FITRME offers monthly subscriptions to its Services. Subscriptions will automatically renew and a user’s credit card will be charged accordingly until the user cancels the subscription. Users may cancel a FITRME subscription at anytime. Such cancellation will be effective at the end of the then current subscription cycle. There are no refunds on FITRME subscriptions. If you have questions or need assistance relating to a FITRME subscription, please contact: support@fitrme.com.

Trial Membership. All subscriptions to the Application include a 14-day Free trail. The user's credit card will not be charged during this time. A user may cancel the subscription any time during the free trial and their credit card will not be charged. If a user does not cancel the subscription by the end of the free trial, their credit card will automatically be billed for the subscription price and recur monthly.

Subscription Fees. If you purchase a subscription, you agree to pay all charges to your account made therefor. You will be charged in accordance with the billing terms in effect at the time the fee or charge becomes payable. For any subscription you purchase that are charged in full upon purchase, you agree that for each renewal term (each a "Renewal Term"), the amount due for the next Renewal Term will be due and immediately payable in full as of the first day of such Renewal Term. EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. For more information regarding canceling your subscription, see below.

Billing.Payment for the initial term of a subscription is due at the time of purchase. Your subscription will renew automatically at the end of the initial term and at the end of each Renewal Term thereafter unless and until you give FITRME written notice of your intention to terminate your subscription pursuant to this Agreement. If you do not give FITRME notice of either such intention, your credit card will be charged for the Renewal Term of your subscription. FITRME may adjust its billing date in subsequent Renewal Terms without notice. Unless otherwise notified in advance by FITRME pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the subscription.

Cancellation of Subscription. To cancel a subscription you must notify FITRME in writing of your intent to cancel. Cancellation will be effective at the beginning of the next Renewal Term.

General Changes. FITRME may change, modify, add, remove, suspend, cancel or discontinue any aspect of it's subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in FITRME's sole discretion. FITRME may increase its fees for any subscription effective the first day of a Renewal Term by giving you notice of the new fees at least thirty (30) days before the beginning of the Renewal Term. If you have and do not cancel your subscription per the terms above, you will be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term). FITRME may subcontract any subscription services or any work, obligations, or other performance required under subscription services without your consent.

No Reliance on FITRME Application Content. The content is provided on an “as is” and “as available” basis, and we make no representations or guarantees as to its accuracy, completeness, usefulness, or suitability. Use the Content at your own risk.

In no event shall FITRME be liable for any damages whatsoever (whether direct, indirect, general, special, compensatory, consequential, and/or incidental), arising out or relating to any decisions you make based upon reading any content on the Application.

License to Use the Service

You may access the Application and use the Services for personal, non-commercial purposes. Use of the Services is void where prohibited. By accessing or otherwise using the Application and/or Services, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by this Agreement, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of this Agreement; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting use of certain Services to users in specified geographic regions, (iii) restricting the amount of use of the Services permitted (which may vary depending on membership level), and (iv) restricting or terminating any user's right to use the Services, with or without notice; (b) charge fees in connection with the use of all or part of the Services; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any service, content or feature offered through the Services. Your continued use of the Services following the posting of changes to this Agreement will constitute your acceptance of such changes

Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, FITRME grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to access and use the Services. All rights to ownership or use not expressly stated herein are reserved by FITRME and FITRME disclaims any and all implied licenses

Disclosure of Information to Third Parties

Pursuant to the FITRME Application Privacy Policy, we may disclose to third parties certain information we collect about you and your use of the Application. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce this Agreement. For more information, please see our Privacy Policy.

User Content and Submissions

The information you submit to us as part of your registration, and any data, photographs, text, graphics, video, and other material that you submit or post to the Application ("User Content") remain your intellectual property, and FITRME does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that FITRME may retain copies of all registration information and User Content and use such information and User Content as reasonably necessary for or incidental to its operation of the Service and as described in this Agreement and the FITRME Application Privacy Statement, and you grant FITRME the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.

Community Standards and Conduct

You agree to not use the Services to:

  • post, email or otherwise transmit any submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a FITRME official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • email or otherwise transmit any submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • email or otherwise transmit any submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Services;
  • "stalk" or otherwise harass another member or user of the Services; or
  • collect or store personal data about other users, or members.

Links / External Sites, Social Networks, and Resources

The Application may contain advertisements for or links to other World Wide Web sites or resources. These sites and resources are not controlled by FITRME, and the mere existence of the link on the Application does not imply an endorsement by FITRME. The Services may be offered through social networks and/or offer the opportunity to interact with social networks. External Web sites, social networks and resources are not subject to this Agreement or the FITRME Application Privacy Policy, and may be subject to other terms and conditions or policies posted therein. Information collected from you by an external site or social network may be subject to the pertinent site/ network policies.

Because FITRME has no control over such sites and resources, you acknowledge and agree that FITRME is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FITRME shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any goods or services available on or through any external site, social network or resource. Your use of external sites or resources is at your own risk.

Disclaimer

FITRME and its service providers utilize diligent efforts to maintain the Services, but FITRME and its service providers are not responsible for any defects or failures associated with the Services. In addition, FITRME and its service providers make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Services, including as to: (i) the accuracy, currency, content, completeness, non-infringement or quality of any such sites and information, or (ii) whether any search using the Services may locate unintended and objectionable content.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. FITRME EXPRESSLY DISCLAIMS 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 ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.

WITHOUT LIMITATION, FITRME MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APPLICATION OR SERVICES OBTAINED WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM FITRME PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

FITRME EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY VENDORS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FITRME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FITRME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APPLICATION OR SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL FITRME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPLICATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FITRME, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE APPLICATION OR SERVICES, YOUR VIOLATION OF THESE TERMS OF USE OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY FITRME OF ANY BREACH OF SECURITY KNOWN TO YOU.

Termination

FITRME may in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that FITRME may bar any further access to the Services. Further, you agree that FITRME shall not be liable to you or any third-party for any termination of your access to the Services.

The provisions of this Agreement pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.

Intellectual Property

You acknowledge that the Application and Services contain software, graphics, photos, videos, or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All FITRME-generated Content and Content provided to FITRME by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, FITRME owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Application. Subject to your compliance with the Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the Application to any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited.

The Fitrme™ name, logos and affiliated properties, are the exclusive property of FITRME, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Governing Law

These Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Application (and all Services) is deemed a passive application that does not give rise to personal jurisdiction over FITRME or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Oregon. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Clackamas County in the State of Oregon and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Miscellaneous Provisions

This Agreement (and any further policies or documents incorporated by reference herein) constitute the entire understanding between FITRME and users of the Application and Services concerning the subject matter hereof and may not be modified except by revised Agreement posted by FITRME. This Agreement, which may be modified or amended by FITRME from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof. If any of the provisions of this Agreement will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather this Agreement will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly. Notwithstanding the foregoing, the Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with FITRME. To the extent that any provision of the Agreement conflicts with any provision of your other agreements with FITRME, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement, unless otherwise expressly provided in such other agreement.

No failure or delay by FITRME in exercising any right, power or privilege under these Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. As used in this Agreement, "including" means "including but not limited to." If any provision of these Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

The section titles in these Agreement are for convenience only and have no legal or contractual effect.

These Agreement are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without FITRME's prior written consent.