Commitweek Terms of Service
Effective Date: January 16, 2017
Welcome to the Commitweek website (the "Website" or the "Site") and our affiliated mobile application (the "App," together with the Site, the "Service"). Unless otherwise specified, all references to the Services include the services available through the Commitweek Website or App, as well as any software that Commitweek provides to you that allows you to access the Services. The following Terms of Service (the "Terms") are a legally binding contract between you ("you" or "User") and Commitweek regarding your use of the Service. The Service is owned and operated by Riverwood Innovations, LLC, a California Limited Liability Company ("Commitweek", "we", or "us").
We may revise or replace the Terms at any time. Upon any revision, existing users will be notified via email or in the App. Each time you access or use the Service, you agree to be bound by the most recent version of the Terms. The date on which These Terms was last updated will be noted immediately below These Terms. If you do not agree to be bound by all of these Terms, you may not access or use the Service. In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
You must be at least eighteen (18) years of age to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least 18 years of age, (ii) that you have not previously been suspended or removed from the Service, and (iii) that your registration and your use of the Service are in compliance with any and all applicable laws and regulations.
Commitweek is a fitness social networking site dedicated to bringing the fitness community closer together. Commitweek connects you locally, globally, online and in person to other fitness enthusiasts that share your interests. Commitweek also acts as a professional matching service for fitness professionals and their potential clients. Users of Commitweek can also create exercise and fitness challenges and invite other users to participate in the event. The Service does not include your Content as defined in These Terms or any software application or service that is provided by you or a third party, which you use in connection with the Service. Any modifications and new features added to the Service are also subject to These Terms. Commitweek reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Commitweek.
If you use the Service on an Apple device, the terms of this Section 2 apply to you. You acknowledge that by accepting these Terms, you are granted a non-transferable license to use the Service on devices you own or control (including any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service). The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. The parties acknowledge that Commitweek is solely responsible for addressing any claims relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Commitweek will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The parties agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of These Terms, and that, upon your acceptance of These Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
COMMITWEEK DOES NOT PROVIDE MEDICAL EVALUATION, DIAGNOSIS, OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY OUR SERVICE IS ENTIRELY AT YOUR OWN RISK. ANY EXERCISE PROGRAM SHOULD BE COMMENCED GRADUALLY AND CAUTIOUSLY. COMMITWEEK AND THE OTHER USERS AND TRAINERS YOU MAY INTERACT WITH ON OUR PLATFORM DO NOT RENDER MEDICAL ADVICE. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IF YOU HAVE QUESTIONS ABOUT A MEDICAL CONDITION AND BEFORE STARTING ANY EXERCISE PROGRAM PARTICULARLY IF ANY OF THE FOLLOWING APPLY TO YOU:
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, mislabeled, incomplete, partially obscured or otherwise deceptive. You further agree that Commitweek shall not, under any circumstances, be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available by the Services in any manner or method.
These Terms prohibit certain activities and actions regarding the submission of User Content, however you agree that Commitweek does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions contained in the "User Content Rights and Related Responsibilities" section herein. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions.
Commitweek reserves the right, but is under no affirmative obligation, to (i) review or screen any User Content submitted to the Site or otherwise submitted through the Services; (ii) edit any User Content posted on the Services; and/or (iii) remove any User Content from the Services for any reason, at any time, without prior notice, at our sole discretion. Commitweek will have no liability or responsibility to users of the Commitweek Services or any other person or entity for performance or nonperformance of such activities. Commitweek's enforcement of the acceptable use provisions set forth in these Terms with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar content.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive Service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms.
Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Except as expressly permitted in These Terms, you shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
The Service allows Users to compete in fitness contests against other users within user-defined groups (the "Commitments"). Users will be required to make an in-app purchase to fund the participation amount of any Commitment which they have entered (the "Participation Fee").
If a user fails to complete a Commitment (in the sole determination of Commitweek), the Participation Fee will be sent to the Users in the Users' self identified group who have successfully completed the Commitment (in the sole determination of Commitweek), net of a 25% service fee paid to Commitweek. In addition to regular Commitments, Users may engage in daily step goal Commitments in which Users commit to completing a daily number of steps, as verified by Commitweek in its sole discretion. Users who miss their daily step goal Commitments will be charged the set Participation Fee, which will be distributed (net of the service fee) to Users in their groups who have completed the daily step goals. You agree and acknowledge that:
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. You are solely responsible for exercising common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
COMMITWEEK DOES NOT INVESTIGATE OR VERIFY, ANY PERSONAL TRAINER’S OR REGISTERED USER’S IDENTITY, CREDENTIALS OR LICENSE, ALTHOUGH WE RESERVE THE RIGHT TO DO SO. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE IDENTITY AND SUITABILITY OF OTHER PEOPLE WITH WHOM YOU INTERACT THROUGH OUR SERVICE. FURTHERMORE, COMMITWEEK DOES NOT INVESTIGATE OR MAKE ANY REPRESENTATIONS, WITH REGARD TO ANY PERSONAL TRAINER’S OR REGISTERED USERS’ BACKGROUND, MORALITY, CHARACTER, ACTIONS, OR DEMEANOR, AND YOU HEREBY ACKNOWLEDGE THAT YOU ASSUME THE RISK OF ANY INTERACTION WITH SUCH PERSONS EITHER IN PERSON OR ON THIS PLATFORM.
You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. Without limiting the foregoing, you may not:
"User Content" means, without limitation, any digital files, images, photos, artwork, videos, audio and documents, or other content you upload, transmit or otherwise make available to Commitweek and its users via the Services. Commitweek will make commercially reasonable efforts to ensure that all facilities, and third parties used to process and store your Content meet a high standard for security.
With regard to User Content, you represent and warrant that: (i) you have all necessary rights, including intellectual property rights, to submit User Content to Commitweek and grant the licenses set forth herein; (ii) Commitweek will not need to obtain licenses from any third party or pay royalties to any third party with respect to User Content; (iii) User Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) User Content complies with these Terms of Service and all applicable laws.
By uploading User Content, you grant Commitweek a worldwide, perpetual, non-exclusive, royalty-free license and right to copy, transmit, distribute, modify, publicly perform and display (through all media now known or hereafter created), and make derivative works from User Content for the purpose of allowing you to edit and display User Content using Commitweek Services and archiving or preserving User Content for disputes, legal proceedings, or investigations.
You retain ownership of all of User Content and all of the intellectual property rights in User Content. Commitweek does not claim ownership over any of your User Content. These Terms do not grant us any licenses or rights to your User Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
You are solely responsible for User Content. We may, at our discretion, choose to review and listen to User Content for compliance with our policies and guide lines, however, Commitweek is under no obligation to do so. Commitweek may remove or return any of User Content at any time for any reason or for no reason at all. For example, if you upload files that do not belong to you we can return and delete those files. We are not responsible for the accuracy, appropriateness, or legality of User Content.
You acknowledge that, in order to ensure compliance with legal obligations, Commitweek may be required or permitted to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms. However, Commitweek otherwise has no affirmative obligation to monitor or review any content submitted to Commitweek.
You are responsible for safeguarding your password and any other account related credentials. You, and not Commitweek, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Commitweek immediately. Accounts may not be shared and may only be used by one individual per account.
We may terminate your account at any time and without notice.
We reserve the right to modify, suspend or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your account at anytime. Upon termination or deactivation, all licenses and other rights granted to you in these Terms will immediately cease. WE RESERVE THE RIGHT TO REFUSE ACCESS TO THE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR SUCH CONTENT OR SERVICES AND THAT WE ARE NOT AN AGENT OF ANY THIRD PARTY, NOR ARE WE A DIRECT PARTY IN ANY SUCH TRANSACTION WITH A THIRD PARTY. ANY SUCH ACTIVITIES, AND ANY TERMS ASSOCIATED WITH SUCH ACTIVITIES, ARE SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY. SIMILARLY, WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT OR PROCESS YOU ACCESS WITH THE SERVICES, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES AND THIRD PARTY CONTENT. WE SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY SUCH CORRESPONDENCE, PURCHASE OR PROMOTION BETWEEN YOU AND ANY SUCH THIRD-PARTY. SHOULD YOU HAVE ANY PROBLEMS RESULTING FROM YOUR USE OF ANY THIRD PARTY SERVICES, OR SHOULD YOU SUFFER DATA LOSS OR OTHER LOSSES AS A RESULT OF PROBLEMS WITH ANY OF YOUR OTHER SERVICE PROVIDERS OR ANY THIRD-PARTY SERVICES, WE WILL NOT BE RESPONSIBLE UNLESS THE PROBLEM WAS THE DIRECT RESULT OF OUR ACTIONS.
As between Commitweek and you, Commitweek or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with These Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Commitweek.
Commitweek’s names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"), are owned by Commitweek. You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
When you use our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOUR USE OF THE SERVICES INCLUDES THE ABILITY TO ENTER INTO AGREEMENTS AND/OR TO MAKE TRANSACTIONS ELECTRONICALLY INCLUDING, WITHOUT LIMITATION, IN APPLICATION PURCHASES AND OTHER FINANCIAL TRANSACTIONS. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING IN APPLICATION PURCHASES, FINANCIAL TRANSACTIONS, NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. IN ORDER TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MAY BE REQUIRED TO HAVE CERTAIN HARDWARE AND SOFTWARE, WHICH ARE YOUR SOLE RESPONSIBILITY.
We take claims of intellectual property infringement seriously. Please notify us by e-mail at [EMAIL ADDRESS], if you believe that a user of the website or Services has infringed your intellectual property rights.
OUR CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THIRD-PARTY SERVICE PROVIDERS THAT WE MAY USE IN THE OPERATION, PROCESSING AND ADMINISTRATION OF THE SERVICES.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT, INFORMATION OR MATERIAL.
WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. WE DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
WE MAKE NO REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY JURISDICTIONS. WHEN YOU ACCESS OR USE OUR SERVICES FROM A JURISDICTION, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY DIGITAL DATA, IMAGES, PHOTOS, ARTWORK, VIDEOS, AUDIO, DOCUMENTS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $200.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Commitweek and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
By using the Services on the Site, User releases, to the maximum extent allowed by law, Commitweek, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with User’s use of the Site or the Services, and any transaction effected on the Site, or otherwise arising from or in connection with User’s use of the Site or the Services.
In the event that User has a dispute with any third party related to the Site or the Services, User releases, to the maximum extent allowed by law, Commitweek, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Furthermore, you agree that if you engage in any physical exercise or activity, including personal training, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. You assume the risk of your participation in any activity, class, program, instruction, or event. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the personal trainer and Commitweek, its officers, directors, employees, affiliates, and agents from any and all claims or causes of action, known or unknown, arising out of the negligence of the trainer, whether active or passive. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, and (c) negligent instruction or supervision, including personal training. You expressly agree that the foregoing release, waiver and assumption of risk is intended to be as broad and inclusive as permitted by the law and that you are giving up your right to bring a legal action or assert a claim against the trainer or Commitweek, its officers, directors, employees, affiliates, and agents for trainer’s negligence.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You acknowledge that we may be irreparably damaged if these Terms is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of the State of California, or a United States District Court for the State of California. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
These terms, and your use of the Services, shall be governed and construed solely in accordance with the laws of the state of California. Any dispute arising hereunder, or relating to the terms hereof, shall be brought exclusively in the state or federal courts of California. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
All covenants, agreements, representations and warranties made in these Terms, as may be amended by us, from time to time, shall survive your acceptance of these Terms and the termination of these Terms.
If you have questions, comments, concerns or feedback regarding These Terms or our Services, please contact us at firstname.lastname@example.org or at:
Riverwood Innovations, LLC
Riverwood Innovations, LLC
5405 E. Village Rd # 8552
Long Beach, CA 90808