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Terms of Use

These Terms of Use are effective on May 20th 2015

The Fitness Games LLC ("The Fitness Games," "TFG" "we," and "us") have created this Terms of Use. By using our website or application (our "Service") the users ("you") are accepting and agreeing to the practices described in this Terms of Use. By using The Fitness Games website, Service, or any applications made by The Fitness Games however accessed, you agree to be bound by these Terms of Use ("Terms of Use"). If you do not agree to be bound by all of these Terms of Use, please do not access or use our Service.

1. General Terms

A) We reserve the right, in our sole discretion, to change or alter these Terms of Use from time to time. Unless changes are for legal purposes, we will provide reasonable advance notice before the changed or altered Terms of Use becomes effective. You agree that we may notify you of the changed or altered Terms of Use by posting them on our Service, and that your use our Service after the effective date of the changed or altered Terms of Use, constitutes your agreement to the changed or altered Terms of Use. Therefore, it is advised that you review these Terms of Use and any changed or altered Terms of Use before using our Service. The changed or altered Terms of Use will be effective as of the time of posting and will apply to your use of our Service from that point forward.

LIMITATION OF LIABILITY

B)THE FITNESS GAMES SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES OF ANY KIND WHATSOEVER, AND IN PARTICULAR THE FITNESS GAMES SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OR INJURIES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO OUR SERVICE OR THE INFORMATION CONTAINED IN IT. WHETHER SUCH DAMAGES ARISE IN TORT, NEGLIGENCE, CONTRACT, UNDER STATUE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF THE FITNESS GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS CANNOT BE APPLIED. FURTHERMORE, IT IS YOUR RESPONSIBILITY TO FOLLOW THE EXERCISE INSTRUCTIONS ON OUR SERVICE CORRECTLY AND TAKE THE APPROPRIATE PRECAUTIONS. THE CONTENT ON OUR SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR THE SERVICES OF TRAINED PROFESSIONALS IN ANY FIELD, INCLUDING, BUT NOT LIMITED TO MEDICAL MATTERS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR PHYSICAL OR MENTAL HEALTH AND WELLNESS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATLEY. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY TREATMENT, ACTION, APPLICATION OR USAGE OF DIETARY SUPPLEMENTS, MEDICATION, BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH OUR SERVICE. DEPENDENCE ON ANY INFORMATION APPEARING ON OUR SERVICE IS STRICTLY AT YOUR OWN RISK

C) It is your responsibility to evaluate the usefulness of our Service and any exercises contained therein, in light of your personal fitness level, medical history and physical limitations. Our Service is provided "AS IS" and at your own risk, and you accept full responsibility for any risk of bodily injury, death or property damage arising out of or related to your use of our Service, whether to you or to any other person or entity, including, without limitation, arising out of your performance of the exercises, whether correctly or incorrectly. You therefore hereby release, waive, discharge, and covenant not to sue The Fitness Games, its officers, directors, employees, or any other person or entity in any way affiliated with The Fitness Games, from any and all liability, including, but not limited to, liability for negligence for any personal injury or property damage you might suffer, and for any wrongful death action which your heirs and/or your estate might bring arising from your use of our Service.

D)Neither we, our affiliates, nor any of the directors, owners, employees, agents, and representatives will be liable for any direct, indirect, consequential, special, exemplary, or other losses or damages that may result including, but not limited to, injury, illness, death or economic loss. Our Service may contain the opinions and views of other users. Such content is not intended to, and does not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes.

E) Our Services are designed and intended for adult usage. If you are under 18 years of age, you must consult your physician before engaging in any of the exercises contained in our services to determine whether they are suitable for your age and stage of physical development. Additionally, if you are under the age of 18, you must acquire the consent of your parent or guardian respecting your entry into this Agreement and use of our Services. By using our Services, you are representing and warranting that you have the full right to enter into this Agreement and have acquired all required permissions.

2. Use of Our Service

A) You must be at least 13 years old to use our Service.

To become a member of our Service, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on our Service. Our Service is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under the age of 13 to register for our Service. You represent and warrant that you are 13 years or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

B) You must seek medical advice from your physician or other qualified health care professional before using our Service. You should not act on the basis of any content included in, or accessible through, the application without pursuing the appropriate medical or other professional advice on the specific facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

C) You must not post unlawful, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, racial, intimidating, threatening, hateful, abusive, vulgar, obscene, nude, partially nude, sexually suggestive, pornographic, violent, discriminatory, infringing or hateful photos or other content through our Service.

D) You must not post any content linking to website that is or contains content that is unlawful, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, racial, intimidating, threatening, hateful, abusive, vulgar, obscene, nude, partially nude, sexually suggestive, pornographic, violent, discriminatory, infringing or harmful or threatening to others.

E) You must not generate or submit unwanted email, comments, likes or other forms of commercial or harassing communications to any users of The Fitness Games.

F) You must not use domain names or web URLs in your username without prior written permission from The Fitness Games.

G) You must not harass, abuse, threaten, bully defame, impersonate, harm, intimidate, or stalk people or entities and you must not post private or confidential information through our service, including, without limitation, your or any other person’s credit card information, alternate national identity numbers, non-public phone numbers or non-public email addresses or social security numbers.

H) You agree that you will not solicit, gather or use the login credentials of other users on our Service.

I) You are responsible for any actions that take place while using your account on our Service. Keep your username/password secure and do not permit anyone else to access or use your username/password to access our Service. The Fitness Games is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

J) You may use the user content on our Service only for your own non-commercial use to participate in our Service. You agree not to change or delete any ownership notices from materials downloaded or printed from our Service. You agree not to modify, copy, translate, transmit, broadcast, perform, display, distribute, frame, reproduce, download, sell, republish, or post any Intellectual Property or content appearing on our Service, including content generated by users on our Service without The Fitness Games prior written consent, unless it is your own content generated as a user on our Service, that you legally post on our Service. You agree not to use any data mining, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

K) Our Service is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on our Service accept payment from a third party in exchange for your performing commercial activity on our Service

L) Do not impersonate any person or entity. Do not misrepresent yourself, your age or your affiliation with any person or entity.

M) You promise that you own or control all rights to any content that you post on our Service. You are responsible for ensuring that any content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit any content unless you are the owner or have permission from the owner to post such content.

N) You are solely responsible for any content you post to our Service, your interactions with other users and your activity on our Service. Do not take any action or post anything that may expose The Fitness Games or its users to any harm or liability of any type.

O) Do not post any content to our Service or use our Service in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on our service designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or our Service. Do not post content that contains software viruses, programs or other computer code. Do not circumvent or modify security technology or software on our Service.

P) You shall not copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form our Service or any part thereof.

Q) You shall not distribute, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide access to our Service, in whole or in part, to any third party on a temporary or permanent basis;

R) You shall not remove, deface, cover or otherwise obscure any proprietary rights notice or identification on our Service including without limitation any copyright notice.

S) You shall not copy any written materials accompanying any portion of our Service.

T) You must not impede or disrupt our Service or servers or networks connected to our Service. This is includes spreading any viruses, spyware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise change or interfere with the way any page on The Fitness Games is rendered or displayed in a user’s browser or device.

U) You must not create accounts with our Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You understand and agree that The Fitness Games cannot and will not be responsible for the Content posted on our Service and you use our Service at your own risk.

3. The Fitness Games Rights

INTELLECTUAL PROPERTY

A) HEAT RUNNING IS THE TRADEMARK OWNED BY THE FITNESS GAMES PERIOD. All intellectual property on our Service (except for content generated by users) is owned by The Fitness Games which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., our names "The Fitness Games" "Heat Running" and The Fitness Games Logo) are owned and registered by The Fitness Games. All content on our Service (except for content generated by users), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the United States and international copyright laws and is the proprietary property of The Fitness Games; All rights reserved.

B) You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to The Fitness Games, our Service or any part thereof. Your only rights to The Fitness Games, Heat Running, our Service and any part thereof shall be those rights expressly licensed or granted to you under this Agreement.

C) The Fitness Games reserves the right to remove any content from our Service for any reason, without prior notice. Content removed from our Service may continue to be stored by The Fitness Games including, without limitation, in order to obey with certain legal obligations, but may not be retrievable without a valid court order. Consequently, The Fitness Games encourages you to maintain your own backup of your content and you agree that you will not rely on our Service for the purposes of content backup or storage. The Fitness Games will not be liable to you for any modification, suspension, or discontinuation of our Services, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.

D) The Fitness Games reserves the right to refuse access to our Service to anyone for any reason at any time. The Fitness Games reserves the right to force forfeiture of any username for any reason. The Fitness Games reserves the right to block, suspend, or delete any user account at any time.

E) You agree that The Fitness Games is not responsible for, and does not endorse, content posted within our Service. The Fitness Games does not have any obligation to prescreen, monitor, edit, or remove any content. If your content violates these Terms of Use, you may bear legal responsibility for that content.

F) The Fitness Games may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). The Fitness Games does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. The Fitness Games is not responsible for the content or policies of Third Party Platforms. You access such Third Party Platforms at your own risk.

PLEASE NOTE that if any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

PRIVACY

Please visit this link to view our privacy policy.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Fitness Games, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to the following (including as a result of your direct activities of our Service or those conducted on your behalf): (1.) all your content posted or obtained on our Service or your access to or use of our Service; (2.) your breach or alleged breach of these Terms of Use; (3.) your violation of any third-party rights, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (4.) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (5.) any misrepresentation made by you. You will cooperate as required by The Fitness Games in the defense of any claim. . The Fitness Games reserves the right, at your expense, to undertake the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Fitness Games, at your expense, in declaring any available defences.

WARRANTY DISCLAIMER

Our Service is provided to you "AS IS" and "WITH ALL FAULTS" basis to the fullest extent permissible by the law, The Fitness Games hereby disclaims all warranties, endorsements, or conditions of any kind whatsoever, whether expressed or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, custom, freedom from computer virus, quiet enjoyment, system integration, non-infringement, security or accuracy. The Fitness games does not assume responsibility and does not represent or warrant that our Service will be error free, uninterrupted, free from omissions and inaccuracies whatsoever or that server that makes our Service available is free from any harmful components, including without limitation viruses. Under no circumstances will The Fitness Games be liable for any loss or damage caused by your reliance on information obtained through use of our Service. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of our Service is only at your own risk. You acknowledge that The Fitness Games makes no warranties, representations, or endorsements of any kind whatsoever as to our Service, our Service content, user content or security associated with the transfer of information to The Fitness Games or through our Service. The Fitness Games has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of our Service, including without limitation: (1.) your implementation of any exercises provided through our Services, (2.) what material you or other users access on or through our Service, or (3.) how you or any other user may interpret or use materials accessed through our Service. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you. By Accessing or using our Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use our Service.

ARBITRATION

A) The exclusive means of resolving any and all disputes between you and The Fitness Games including without limitation any and all disputes arising out of this Terms of Use, our Privacy Policy, or using of our Service, shall be binding, individual arbitration administered by the American Arbitration Association. The exception is that you have the right to bring an individual claim in your local "small claims" court, if permitted by that "small claims" court’s rules. Whether you choose arbitration or small claims court, you may not under any circumstance commence or maintain against The Fitness Games any class action, class arbitration, or other representative action or proceeding.

B) By using our Service in any manner, you agree to the hereby waive trial by jury and give up your right to go to court to assert or defend any claims between you and The Fitness Games (except for matters that may be taken to "small claims" courts) You also forfeit your right to partake in a class action or other class action proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be reversed in court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, alter or vacate an arbitration award, may be initiated in any court having competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against The Fitness Games (except for "small claims" courts) may be initiated only in the federal or state courts located in Montgomery County, Maryland. You hereby consent to the jurisdiction of those courts for such purposes.

C) You agree that these Terms of use, Privacy Policy, and any dispute between you and The Fitness Games are governed by and understood in accordance to the laws of the state of Maryland without regard to any principles of conflicts of law and will specifically not be governed by the United Nations Conventions for the International sale of goods. For any action at law you agree to resolve any and all disputes you have with The Fitness Games only in the federal or state courts located in Montgomery County, Maryland. You hereby consent to the jurisdiction of those courts for such purposes.

TERMINATION

The Fitness Games reserves the right in its sole discretion to terminate your account, delete your profile and any of your content, and restrict your use of all or any part of our Service for any or no reason, without notice, and without liability to you or anyone else. The Fitness Games also reserves the right to block users from certain IP addresses or device numbers and prevent access to our Service. These Terms of Use remain in effect even after your account is terminated.

HOW TO CONTACT US

If you have any questions about this Privacy Policy or The Fitness Games Application, please email us at contact@heatrunningapp.com.

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