ALIVE Fitness Tracking Application Terms and Conditions
These Terms and Conditions ("Terms") govern your use of the ALIVE fitness tracking application ("App"), provided by Whitney Simmons App, LLC (the "Company"). Last updated and effective as of: January 27, 2020.
BY USING THE SERVICE OR BY CLICKING “I AGREE” YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY WHITNEY SIMMONS APP, LLC (“COMPANY” “WE, “OUR,” OR “US”) AT ANY TIME; PROVIDED THAT WE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THESE TERMS MEANS THAT YOU ACCEPT ALL SUCH CHANGES.
ACCORDINGLY, YOU ARE ADVISED TO CONSULT THESE TERMS EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THESE TERMS. THESE TERMS WERE LAST MODIFIED AS OF THE DATE INDICATED ABOVE.
AS FURTHER DESCRIBED BELOW, YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. 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 DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.
AS FURTHER DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU CAN OPT-OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING THE COMPANY AT SUPPORT@ALIVEAPP.CO WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS AND STATING THAT YOU (INCLUDE YOUR FIRST AND LAST NAME) DECLINE THIS ARBITRATION AGREEMENT.
1. Personal Advice Disclaimer: The App is intended for entertainment and informational purposes only. The information, data, and content provided by the App are not to be considered as personal advice. The Company does not guarantee the accuracy, completeness, or reliability of any information presented within the App. Any decisions made based on the information provided by the App are at your own risk.
2. Medical Advice Disclaimer: The App is not a medical device and should not be interpreted as providing medical advice, diagnosis, or treatment recommendations. The information and content within the App are not a substitute for professional medical advice. You should not use the App as a tool for self-diagnosis or treatment of any health-related issues. Always consult a qualified healthcare professional before making any decisions about your health.
3. Fitness Class Participation Waiver:
a. You acknowledge that participation in fitness classes via the App involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness classes via the App, acknowledging that the Company has no control over the location that you choose, and that the location of participation in fitness activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people.
b. In becoming an ALIVE Member with the intent of using the App, you affirm that either (i) all of the following statements are true: [conditions A-H listed]; or (ii) your physician has specifically approved of your use of the App. The Company reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
c. By using the App, you: [acceptance of risks and waiver of liability details].
4. Disclaimer of All Warranties: The App is provided "as is," without any warranties, express or implied. [Further disclaimer details].
5. Limitation of Liability: [Limitation details and acknowledgment of responsibility].
6. Registration, Accounts, Passwords and Security: [Details on registration requirements, account information accuracy, eligibility, and account security].
7. Your Responsibilities: [Use limitations and prohibited actions].
8. Dispute Resolution: [Arbitration agreement and procedures, including exceptions, arbitrator authority, fees, and opt-out instructions].
9. Ownership: [Acknowledgment of the Company's proprietary rights in the App and its content].
10. Governing Law; Choice of Forum: [Applicable law and jurisdiction for legal actions].
11. General: [Additional provisions including the full force of the Terms, modification rights, governing laws, and contact information].
Effective Date: January 27, 2020
For any questions or concerns regarding these Terms, please contact us at support@aliveapp.co