Last Updated December 29, 2022
Last Reviewed December 29, 2022
3. Prohibited Uses.
5. User Content
We may make message boards, blogging, profiles, bulletin boards or chat services (“User Communication Services”) available on iFIT Sites, either directly or through a third-party provider, that allow users to post, submit, publish, display, or transmit content, data, information, or other materials to other users, including without limitation Geolocation Data (collectively, “User Content”) on or through the iFit Site.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not iFIT, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third-party for the content or accuracy of any User Content.
6. User Content Standards.
When you generate User Content, you agree that your User Content will comply with the following user content standards (the “User Content Standards”) that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including, but not limited to, text, communications, software, images, sounds, data, or other information, that: (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of any nature directed at another individual or group of individuals), or otherwise violates our rules or policies; (ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iii) infringes on any patent, trademark, trade secret, copyright, right of publicity or privacy, or other proprietary or contract right of any party; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (v) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third-party; (vi) impersonates any person or entity, including without limitation any of our employees or representatives; or (vii) attempts to do any of the above.
You hereby consent to the removal of any of your inappropriate User Content and waive any claim against us arising out of such removal of content. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on an iFIT Site infringes on any patent, trademark, trade secret, copyright, right of publicity or privacy, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of iFIT may be available to you or other authorized users of iFIT. You shall not interfere with anyone else’s use and enjoyment of iFIT Site. Users who violate systems or network security may incur criminal or civil liability.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
7. Social Media Features.
8. Third Party Sites and Information.
9. Consent to Receive Mobile Communications.
When you use the iFIT Site, you may have the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems. You can opt out of promotional communications by following the “Unsubscribe” directions for emails or, if via text message, by responding STOP. Please see the Mobile Terms and Conditions for more information.
10. No Warranties.
iFIT provides the iFIT site on an “as is” and “as available” basis. Your use of the iFIT site is at your own risk. iFIT expressly disclaims all warranties of any kind, whether express or implied that it is able to exclude under applicable law. iFIT makes no representations or warranties with request to the completeness, security, reliability, quality, accuracy, or availability of the iFIT site. Without limiting the foregoing iFIT specifically disclaims any warranty or representation with regard to the following:
- That the iFIT Site is or will be permitted in your jurisdiction;
- That the iFIT Site will be accurate, uninterrupted, or error-free;
- Concerning any Content, including User Content;
- Concerning any third party’s use of User Content that you submit;
- That the iFIT Site will meet your personal or professional needs;
- That iFIT will continue to support any feature of the iFIT Site; or
- Concerning sites and resources outside of the iFIT Site, even if linked to from the iFIT Site.
We do not guarantee that the iFIT Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the iFit Site. You should use your own virus protection software.
You must not misuse the iFit Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the iFit Site, or any server, computer or database connected to the iFit Site. By breaching this provision, you may be in violation of applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the iFit Site will cease immediately.
12. Limitation of Liability.
To the maximum extent permitted by applicable law, we will not be liable (whether in contract, tort (including negligence), misrepresentation or otherwise) in respect of:
- Loss of profits;
- Business interruption;
- Economic or pure economic losses;
- Loss of goodwill or business;
- Computer damage;
- Any losses suffered as a result of our failure to provide any products to use as a result of any shortages of such products (or any other factor being our reasonable control);
- Service interruption and/or any system failure which prevents or effects your use the iFIT site; or
- Any indirect, incidental, special or consequential loss.
Notwithstanding the above, if you live in a jurisdiction that does not allow the foregoing limitation of liability, then the above limitation does not apply to you. To the extent that any of the above limitations is unenforceable, the remaining enforceable terms shall survive.
You should consult your physician, medical practitioner, or other health care provider before engaging in any of the physical activities recommended by the iFIT Site to assess your ability to safely engage in such activities. You should not engage in any of the activities recommended by the iFIT Site if you have any medical conditions where exercise could induce adverse effects. If you are pregnant, diabetic, have a heart condition, or have any injuries, disabilities, or other medical condition, you certify that you have permission from your physician, medical practitioner, or other health care provider to begin an exercise program. You certify that you will start slowly and take care not to exceed your capabilities when exercising. You should immediately stop any activity that causes you to become dizzy, dehydrated, or otherwise affects your body’s ability to function normally.
You should always wear recommended safety equipment when participating in any activity recommended by the iFit Site. Failure to do so may result in injuries. To reiterate your agreement above, you agree that we shall not be responsible for any injuries you sustain while participating in any activities recommended by the iFIT Site.
The Content on the iFit Site is provided for educational and informational purposes only and is not intended as medical or nutritional advice. The information contained in the iFIT Site should not be used to diagnose or treat any illness, metabolic disorder, disease or health problem. Always consult your physician, medical practitioner, or other health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in the iFIT Site is at the sole choice and risk of the user.
From time to time, the iFIT Site may include links to third party advertisements, promotions, or other resources, solely for your convenience. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked via the iFit Site, you do so entirely at your own risk and subject to the terms and conditions of use and/or sale of such third party.
16. Governing Law.
The iFIT Sites (excluding any linked sites) are controlled by us from our offices within the State of Utah, United States of America. The iFIT Site can be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that may differ from those of Utah, by accessing the iFIT Site, both of us agree that the statutes and laws of the State of Utah, without regard to the conflicts of laws principles thereof, will apply to any and all matters and disputes arising out of or relating to your use of the iFIT Site or iFIT services.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
18. Choice of Venue.
Except as set forth in Appendix A hereto and If, for any reason, a Court or arbitrator rules that a dispute is not subject to mandatory arbitration, you agree to commence or prosecute any action in connection therewith exclusively in the State of Utah, Cache County, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction.
19. No Class Actions.
20. Entire Agreement.
23. Contact Information.
Country Specific Terms
England, Scotland, Wales, Northern Ireland
Rights of Third Parties:
Limitation of Liability:
Nothing in the Agreement limits any liability which cannot legally be limited, including (but not limited to) liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation.
France, Spain, Ireland, Germany