This agreement (hereinafter, the “Agreement”) between JuggleFit LLC (hereinafter, “JuggleFit”, “us” or “we”) and you sets forth the terms and conditions which govern your use of the JuggleFit® website (hereinafter, the “Site”) and/or the exercise videos (hereinafter, the “Videos”) and other content thereon which are provided by JuggleFit®.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR VIDEOS. BY ACCESSING OR USING THE SITE AND/OR VIDEOS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR VIDEOS AND SHOULD IMMEDIATELY CEASE SUCH USE. JuggleFit® MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF THE SITE AND/OR VIDEOS FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE VIDEOS SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
1. Limited License; Use of Videos.
JuggleFit® grants to you a limited, non-exclusive and non-transferable right and license to access the Site and use the Videos thereon. Unless otherwise specified in writing, the Videos are for your use.
2. Prohibited Activities.
In connection with your use of the Site and/or the Videos, you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or Videos obtained through the Site or the Videos;
b. access the Site or Videos by any means other than through the standard industry-accepted or JuggleFit®-provided interfaces;
c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
d. impersonate any person or entity, including without limitation, a JuggleFit® official or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e. post or transmit any material that contains a virus or corrupted data;
f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g. use the Site’s or Service’s communications features in a manner that adversely affects the availability of its resources to other users;
h. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
j. violate any applicable local, state, national or international law;
k. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or . other proprietary rights of any party;
l. delete or revise any material posted by any other person or entity;
m .manipulate or otherwise display the Site and/or the Videos by using framing or similar navigational technology;
n. register or attempt to register for any JuggleFit® product or Service if you are not expressly authorized by such party to do so; or
o. use the Site and/or the Videos for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Videos in any manner that could damage, disable, overburden or impair JuggleFit servers or networks, or interfere with any other user’s use and enjoyment of the Site and/or the Videos. Furthermore, you may not attempt to gain unauthorized access to any of the Site, Videos, accounts, computer systems or networks connected to JuggleFit® through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Videos.
3. Commercial Transactions.
Certain products or Videos may be offered for sale on the Site. In the event you wish to purchase any of these products or Videos, you will be asked by JuggleFit® or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide JuggleFit® or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
4. Third Party Content.
Some content contained on the Site is supplied by third parties and users. Accordingly, JuggleFit® is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, Videos, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not JuggleFit®. Neither JuggleFit® nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, JuggleFit® neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized JuggleFit® representative while acting in his/her official capacity.
5. Disclaimer Regarding Links.
The links on the Site will let you leave the particular Site you are accessing in order to access a linked site (the “Linked Sites”). JuggleFit® provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has JuggleFit® reviewed or approved the content which appears on the Linked Sites. JuggleFit® is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that JuggleFit® 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 the use of any of the links, content, goods or Videos available on or through the Linked Sites.
6. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and Videos, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that JuggleFit® shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
7. Proprietary Rights.
You acknowledge and agree that the Site and Videos contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of JuggleFit® or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning JuggleFit® or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The republication, retransmission, reproduction or other use of the Licensed Material is strictly prohibited.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, ” Submission Materials”) or by posting such Submission Materials on the Site, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to JuggleFit® shall be fully paid-up and royalty free. In addition, under no circumstances shall JuggleFit® have any obligation whatsoever to pay a fee to any user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of JuggleFit’s business through a merger, sale or transfer of all or substantially all of the assets of JuggleFit®, nor shall the sale of advertising on the Site give rise to any obligation to pay a fee to Users.
None of the Submission Materials disclosed or posted shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on JuggleFit’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
8. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by JuggleFit® infringe your copyright, you, or your agent may send to JuggleFit® a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon JuggleFit® actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to JuggleFit® a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
JuggleFit’s policy with respect to the collection and use of your personally identifiable information is set forth at http://www.jugglefit.com/jf_privacy.html.
10. Disclaimer of Warranties.
THE SITE AND ANY CONTENT, VIDEOS, PRODUCTS OR VIDEOS DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JuggleFit® AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND ACCESS TO AND USE OF ALL OF THE VIDEOS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, VIDEOS, SITES OR SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. The terms of this section shall survive any termination of this Agreement.
11. Limitation of Liability.
NEITHER JuggleFit® NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) ANY CONTENT CONTAINED ON THE SITE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE, or (vii) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL JUGGLEFIT’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE VIDEOS OR THE SITE. The terms of this section shall survive any termination of this Agreement.
12. Professional Advice Disclaimer.
JUGGLEFIT’S SITE DOES NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON ANY SITE OR AVAILABLE THROUGH ANY VIDEOS ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION: PHYSICAL THERAPY, OCCUPATIONAL THERAPY, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITE IS CONTINUALLY UNDER DEVELOPMENT AND JUGGLEFIT ™ MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT. The terms of this section shall survive any termination of this Agreement.
You agree to indemnify, defend, and hold JuggleFit® and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to JuggleFit® or post on any forums infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site or videos. The terms of this section shall survive any termination of this Agreement.
14. Jurisdictional Issues.
JuggleFit® makes no representation or warranty that the content and materials on the Site and/or the Videos are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Videos from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. JuggleFit® reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site and/or the Videos to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that JuggleFit®, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Videos, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section 15 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
16. General Information.
This Agreement constitutes the entire agreement and understanding between you and JuggleFit® and governs your use of the Site and the Videos, superseding any prior agreements between you and JuggleFit®. This Agreement and the relationship between you and JuggleFit® shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and JuggleFit® irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Albany, in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of JuggleFit® 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 unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by JuggleFit® of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
All material provided on this Web site is provided for informational or educational purposes only. Consult a physician regarding the applicability of any opinions or recommendations with respect to your exercise needs, symptoms or medical condition.