Welcome to Fitnessyard.com (the "Site").
Fitnessyard website and mobile applications are owned and operated by DomainIntegrators® ("DI") these Terms and Conditions (the "Terms") constitute a legal agreement (the "Agreement") between you and DI.
In this Agreement, “you” refers to the user or viewer of our Services, and "we", "us" and "our" collectively refer to DI. This Agreement explains our obligations to you and your obligations to us in relation to the Service.
DI may revise and update these Terms, in whole or in part, at any time. Please periodically review the Terms posted on Fitnessyard.com.
Section 1. Description of the Service; Charges.
DI provides (1) FMA for download on supported mobile devices. (2) The Site.
To use FMA, you must complete a registration process (the "Registration") on the Site or through FMA. Data provided through FMA uses Internet means of delivery. The Site provides content via the Internet.
FMA provides customized workouts and/or customized meal plans, depending on preferences you submit during Registration. Please note that, depending on your mobile communications carrier service contract, your mobile communications carrier may charge you data access and download charges that result from your use of FMA.
The terms and conditions of your mobile communications carrier's service agreement will apply.
We also offer as part of the Service a collection of Web services on the Site. These services include access to the same customized workouts or customized meal plans offered through FMA. The Site also allows use of additional Service features not available through FMA.
In subscribing to or/and using Fitnessyard Fee-Based Products, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Website (or any part thereof) and/or Fitnessyard Fee-Based Products.
We reserve the right to change this Agreement from time to time, including without limitation, changing any charges and/or fees payable in respect of subscriptions for Fitnessyard Fee-Based Products. We will notify you of changes to this Agreement by our posting of changes to this Agreement on the Website located at www.fitnessyard.com Any new or amended version of this Agreement will take effect, and will govern all use of the Website and any of Fitnessyard Fee-Based Products you have subscribed to, commencing on the date of posting of such Agreement on the Website (or such later date as we indicate in the posting). If you do not wish your use of the Website and/or any of Fitnessyard Fee-Based Products be governed by the new or amended version of this Agreement, you should notify us in writing (e-mail will suffice) and from the date when the new version takes effect, you must cease to use the Website and any Fee-Based Products you have subscribed to and should not seek a refund in respect of the fees or charges pre-paid by you for any complete unexpired periods of subscription to any Fee-Based Products. Refunds shall be made in accordance with paragraph 4 of this Agreement.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Service, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website and/or Fitnessyard Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, the Website or Fitnessyard Fee-Based Products may be effected without prior notice. If you do not abide by the provisions of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website and/or Fitnessyard’s Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites and/or Fitnessyard’s Fee-Based Products.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing of the Website and/or the Fee-Based Products, including, without limitation, any change in content or any change in the amount or type of fees or charges associated with Fitnessyard’s Fee-Based Products, is to cancel or terminate your subscription or community user account, as applicable.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities, features. promotions or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features, promotions or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
Section 2. Access to the Service.
In order to use FMA and Fee-Based Products , you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which DI makes FMA and Fee-Based Products available (e.g., a prepaid plan) as well as any carrier services necessary to download content (access to your carrier's data plan), and pay any service fees associated with such access. In addition, you must provide all equipment and software, other than FMA and Fee-Based Products, necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service.
You are responsible for ensuring that your equipment and/or software do not disturb or interfere with DI's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and DI shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
Section 3. Charges and Fees for Fee-Based Products
Certain portions, components, content and features of the Website are only available to individuals who purchase a subscription to one of Fitnessyard’s Fee-Based Products. As a subscriber to one of Fitnessyard’s Fee-Based Products, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on the Service (such as the fixed Initial Subscription Fee and the recurring Monthly Fee), applicable taxes, and other charges and fees incurred in order to access Fitnessyard’s Fee-Based Products. As stated in paragraph 1 of this Agreement, we reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website hosted at www.fitnessyard.com or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
If you have subscribed for Fitnessyard’s Fee-Based Products, your credit card or other account will automatically be charged at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription in accordance with paragraph 4 of this Agreement before the relevant renewal period begins. Except in the case of a multiple-period prepayment plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period's charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your credit card or account, DI reserves the right to terminate immediately your access to the Fee-Based Products. If you purchased a multiple-period prepayment plan or you were eligible for a discounted rate but are no longer eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple-periods and we are offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan that you wish to purchase another prepayment plan for multiple periods.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Website and Fitnessyard’s Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Fee-Based Products.
If your registration is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you are responsible and will remain liable for any unauthorized use of Fitnessyard’s Fee-Based Products for which you have subscribed and/or use of those areas of the Website that may be accessed by community users until seventy two (72) hours after you have notified Website Customer Service in writing of such breach of security. If your credit card expires, is cancelled, lost or is subject to use without your authorization, you agree to promptly notify Website Customer Service in writing and to access the My Profile feature of the Website to update your Subscription Data to provide details of an alternative current, valid credit card (or other form of payment which we may accept from time to time). You are entirely responsible for any and all activities that occur through your user account You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
E. If your subscription to one of our Fee Based Products is cancelled due to your failure to satisfy any of our criteria and/or limitations based on demographic, geographic, health or other similar criteria, prior to the end of a period for which you have incurred a charge, then, with the exception of any fixed upfront fee (such as the Sign Up Fee) we will refund any unused portion of such period on a pro rata basis. If we terminate your subscription to one of our Fee Based Products (as opposed to you cancelling your subscription), other than due to your breach of this Agreement, prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Sign Up Fee) we will refund any unused portion of such period on a pro rata basis.
Section 4. Termination or Cancellation of Subscription
You can cancel your subscription to one of Fitnessyard Fee-Based Products by notice in writing (email will suffice) to Website Customer Service or alternatively go to www.fitnessyard.com, select “Contact Us” at the bottom of the page and choose cancellations. Your cancellation or termination will take effect within seventy two (72) hours after receipt by Website Customer Service of your cancellation notice. We will attempt to process all cancellation requests within seventy two (72) hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact Website Customer Service to have the charges reversed. If you use Fitnessyard’s Fee-Based Products during that next period, you will not be entitled to a refund. DI reserves the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
Section 5. General Disclaimer; No Medical Advice.
The content provided on or through the Service is presented in summary form, is general in nature and is provided for informational purposes only. The content is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the content nor any other aspect of the Service is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on or through the Service.
DI does not recommend or endorse any specific test, products or procedures that may be mentioned on or through the Service. Any opinions expressed on or through the Service are the opinions of the authors. DI does not assume any liability for the contents of any material provided on or through the Service. Reliance on any information provided by DI or visitors to the Site is solely at your own risk. DI assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea or instruction contained in the materials provided to you. DI reserves the right to change or discontinue at any time any aspect or feature of the Service.
Section 6. Position on Your Privacy.
Section 7. Use of Content; Copyright.
Upon your acceptance of these Terms, DI authorizes you to view or download a single copy of FMA and a single copy of the material on the Site. You agree that FMA is for your personal, noncommercial use on the mobile device you designate during Registration. You further agree that the Site is for your personal, noncommercial use.
Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as "Legal Notices" on the Site and are incorporated into this Agreement by reference.
The contents of the Service, such as text, graphics, images, software applications including FMA, and other material including software licensed by DI to permit individuals to use the Service ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other person or entity. Unauthorized use of the Content may violate copyright trademark and other laws.
You may not transmit, broadcast, upload to any computer or mobile device, create derivative works of or make commercial use of any aspect of the Service. You may not -- nor may you attempt to, or authorize, encourage or support others' attempts to -- circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service.
With respect to information obtained from the Service's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited.
Content is subject to change without notice at the editorial discretion of DI. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Section 8. Company's Liability; Disclaimer of Consequential Damages.
THE CONTENT COMES FROM SOURCES BELIEVED TO BE ACCURATE, BUT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. DI MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SERVICE. THE USE OF THE SERVICE IS AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE SERVICE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTER-EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, MOBILE COMMUNICATIONS CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF DI AND ITS SUPPLIERS. ACCORDINGLY, DI ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICE.
THE SERVICE AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DI, ITS LICENSORS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. DI, ITS LICENSORS AND ITS SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATION PROVIDED ON OR THROUGH THE USE OF THE SERVICE. DI, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
IN NO EVENT SHALL DI, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON OR THROUGH THE SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DI SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $50,000. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Section 9. User Submissions.
Except as described herein, any communication that you post on the Site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant -- or warrant that the owner of such content has expressly granted -- DI a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
Section 10. Use of Interactive Areas.
DI may provide interactive areas on the Site ("Interactive Areas"). If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. DI does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms:
• — Use of an Interactive Area for any purpose in violation of local, state, national or international laws;
• — Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• — Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any person or entity as determined by DI at its sole discretion pursuant to this Section 8;
• — Post advertisements or solicitations of business;
• — After receiving a warning, continue to disrupt the normal flow of dialogue or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
• — Post chain letters or pyramid schemes;
• — Impersonate another person;
• — Allow any other person or entity to use your identification to post or view comments;
• — Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited); or
• — Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas or which, in the judgment of DI, exposes DI or any of its customers or suppliers to any liability or detriment of any type.
DI reserves the right to record the dialogue in public chat rooms. DI does not screen communications in advance and is not responsible for screening or monitoring material posted by any person or entity through such person or entity's use of the Service. If notified by a person using the Service of communication(s) which are alleged not to conform to the terms of this Section 8, DI may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). DI reserves the right to remove communications which are abusive, illegal, disruptive or that otherwise fail to conform with these Terms. In addition to the removal rights described above, DI reserves the right to terminate a person's or entity's access to any or all Interactive Areas upon such person's or entity's breach of these Terms. DI reserves the right (but is not obligated) to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards for content. Furthermore, DI reserves the right (but is not obligated) to monitor, edit or disclose any type of posting on the Interactive Areas for adherence to the Terms, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served; (2) protect and defend the rights of DI or others; or (3) act in an emergency to protect the personal safety of our guests or the public. DI HAS NO LIABILITY OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
DI does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
Through your use of the Site's Interactive Areas, you are agreeing to all of the aforementioned Terms for the use of such Interactive Areas contained herein.
Section 11. Children
The Site and the Fee-Based Products are not for use by children and are not directed to children. The Website and the Fee-Based Products are for use and access by individuals who are eighteen (18) years or older. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO FITNESSYARD FEE-BASED PRODUCTS AND/OR USE THE WEBSITE.
Section 12. Links to Other Sites.
The Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by DI of the content on such third-party Web sites. DI is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Your use of third-party Web sites is subject to the terms and conditions of use for such sites.
Section 13. Advertisements.
The Service may contain advertisements by third parties, and these advertisements may contain links to other Web sites. Unless otherwise specifically stated, DI does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement displayed on or through the Service.
Section 14. Indemnity.
You agree to defend, indemnify and hold DI, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service, Content (including FMA) or the Interactive Areas in a manner that violates or is alleged to violate these Terms. DI shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Section 15. General.
DI is based in Amman in the Hashemite Kingdom of Jordan (HKJ). Access to the Content (including FMA and Fee Based Products and Services) may not be legal by certain persons or in certain countries. If you access the Service from outside the HKJ, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Section 16. Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with DI or in any way relating to your use of the Service, resides in the courts of the HKJ and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the HKJ in connection with any such dispute including any claim involving DI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. This Agreement is governed by the internal substantive laws of the HKJ, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 17. Miscellaneous Terms
In any action against us arising from the use of the Website (including, without limitation, the Fee-Based Products), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
We shall not be responsible for lack of availability of the Website and/or the Fee-Based Products for which you have subscribed and/or any other failures to perform in a timely manner due to events beyond our reasonable control including, without limitation, Acts of God or public enemies, civil war, insurrection or riot, fire, flood, explosion, earthquake, serious accident, failure of the Internet, strike, labour trouble or work interruption or any other cause beyond the reasonable control of Weight Watchers. In such circumstances the time for performance by us shall be extended for the duration of such events to the extent possible.
Unless specifically provided for in this Agreement, no third party shall have any rights hereunder.
Section 18. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE SITE, THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND DI WITH RESPECT TO THE USE OF THE SERVICE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN.
Thank you for your cooperation with these Terms. We hope you find the Service helpful and convenient to use! Questions or comments regarding the Service should be posted using our feedback form.
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Email address : notification at fitnessyard.com