Terms of Use

Effective Date: May 25, 2018

 

Previous Terms of Use can be found here.

 

The following Terms of Use (the “Terms”) outlines your rights and obligations related to the provision of our products, websites, instructional materials, and services (collectively, the “Service”). We encourage our users to read this document carefully and to contact us with any questions or concerns.

 

Please visit our Private Policy, which explains our policies and practices regarding the collection, use, maintenance, and disclosure of your personal data and information.

 

Unless indicated otherwise, these Terms do not apply to third party products or services or the practices of companies that we do not own or control, including other companies you might interact with on or through the Service.

 

Your use of our Service, and any disputes arising from them, is subject to this Terms of Use as well as our Privacy Policy.

If you do not understand or agree to these policies, we ask that you do not use our Service.

 

Company Contact Information

the Company Apps (collectively, “the Company”, the “Company” or “we” or “us”)  is a Delaware based corporation with headquarters located at 163 N. Glendora Ave, Suite A,  Glendora, California, 91741.

 

We can be reached via email support@pkfitness.com. We will respond to inquiries within 10 business days.

 

Introduction

Here are a few highlights from our Terms of Use:

• Our Service includes software for mobile devices that measure and track workouts. Always consult your medical professional before starting or changing your workout regimen.

• The Company is not liable for your activities and no explicit or implicit warranties are made by the Company.

• Your privacy is very important to us. Please refer to our Privacy Policy to see how we collect and use your personal information.

• You own your content, but give us a right to use it.

• We expect our members to act with respect. We reserve the right to remove and/or restrict users for any reason based on our sole discretion.

• You can cancel your membership and/or delete your account at any time.

• We love feedback, and you allow us to use it to improve our Service.

• You agree to arbitrate if there is a dispute between us (exceptions may apply).

• It’s easy to reach us if you have questions or need help. Email us at support@pkfitness.com.

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Terms of Use

The Service is made available to you by the Company subject to these Terms and in accordance with the PK Fitness Privacy Policy.

 

These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you. Please read these Terms carefully and contact us with any questions you have prior to using our Service if you have any questions or concerns.

 

You agree to comply with these Terms and any supplemental terms which the Company makes available to you on our Service. BY ACCESSING, USING, UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR CONSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP”, CLICKING “CREATE ACCOUNT” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS AND OUR PRIVACY POLICY.

 

This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version shall control.

 

Our Service cannot be provided, and the agreement described in these Terms cannot be performed without the Company processing data about you, and other PK Fitness members, including your location data. Processing of the data you share with PK Fitness, including location data, is essential to the Service which we provide and a necessary part of our performance of the agreement we have with you.

 

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and PK Fitness are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against the Company on an individual basis..

 

The Company may change these Terms at any time without notice, effective upon its posting to the Service. Your continued use of the Service shall be considered your acceptance to the revised Terms. If you do not agree to these Terms, please do not use the Service.

 

Physical Activity Notice

Our Service includes features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. The Company is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Service. Please note that the information, exercise/training programs and/or guides in the Service cannot replace the services of health professionals, physicians or medical equipment.

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Before starting any exercise program, it is important to meet with your doctor for a complete physical exam. Ask your doctor if there are any particular medical problems or medications you are taking that may affect your fitness program. If you have pre-existing medical conditions or are taking prescription medications, work with your doctor to develop a safe exercise program that takes into account your unique condition.

 

Not all exercises and/or programs may be suitable for all levels of fitness. It is important to remember to always start slowly. It might have taken you a long time to get out of shape and it will take some time to get back into shape! Take it slowly and don’t get discouraged. You can do this!

 

IMPORTANT WARNING: The Company may use heart rate in various ways in our Service. Use of beta blockers or other medications that may impact cardiac action may impact the accuracy of some of the functions of our Service. If you use beta blockers or other medications that impact cardiac action, consult with your doctor prior to using the Service to understand the limitations and/or effect your medications may have on your cardiac function and the those functions while using our Service.

 

Registration, Content and User Accounts

User Generated Content (the “Content”) is communications, materials, information, data, opinions, comments, likes, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Service users post or otherwise make available on or through the Service, except to the extent the content is owned by the Company.

 

The Service may provide you with the ability to mark certain Content that you submit to the Service as private, public, or available only to select users of the Service. The Company will maintain the privacy of such Content in accordance with your privacy settings. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made publicly available, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy settings.

 

Use Restrictions

You agree not to change or delete any ownership notices from materials downloaded or printed from the Service. You agree not to modify, copy, translate, reverse engineer, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or content appearing on the Service, unless it is your own Content that you legally post on the Service. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.

 

Registration, Eligibility and Age Restrictions

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

 

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

 

You may register for or log-in to your account via a third-party network, such as Facebook. If you do so, you hereby authorize the Company to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

 

By virtue of certain of the services connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional terms of use (including the Google Privacy Policy) in connection with your use of such services.

 

Posting Rules and Guidelines

The following are rules and guidelines governing Content that is added by users to the Service:

• You are solely responsible for your Content and interactions with other users on the Service. Do not take any action or post anything that may expose the Company or its users to any harm or liability of any type.

• Stay on topic and post only constructive comments and questions. Unless the Service feature asks for it, don’t talk about policies, future products, speculations or rumors about the Company and our products, or anything else off topic.

• Be kind.  Insults and vulgarity are prohibited. Do not post Content or a link to a website that, in the Company’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable.

• Do not post photos or videos of another person without that person’s consent.

• Do not stalk, intimidate, abuse, harm or harass others using the Service.

• Do not post personal information. Do not collect or solicit personal information from other Service users or send unsolicited emails or other communications. Do not collect, use or post on the Service the private information of anyone else without their consent or for illegal purposes.

• Do not post any Content that involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming.

• Do not impersonate any person or entity. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register a PK Fitness account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.

• You promise that you control or own all rights in any Content that you post on the Service. You promise not to post or share Content unless you are the owner or have permission from the owner to post such Content.  You grant PK Fitness all of the license rights granted in these Terms. 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.

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

 

Content is Not Pre-Screened

The Company does not pre-screen Content. the Company does not guarantee the Service will be free from Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. The Company is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any Content or activities of users on the Service. Even in the event the Company chooses to monitor any Content, the Companyassumes no responsibility for, or any obligation to monitor or remove, such Content.

 

The Company reserves the right to edit, remove, or refuse to post any Content or terminate your registered account for any reason at their sole

discretion.

 

Rights to Your Posting

Your Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to the Company a non-exclusive, worldwide, transferable, royalty-free, perpetual right to use your Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

 

Links

The Service may contain links to websites, services or other products or services operated by other companies (“Third Party Services”). The Company does not endorse, monitor or have any control over these Third Party Services, which have separate Terms of Use and Privacy Policies. The Company is not responsible for the content or policies of Third Party Services and you access such Third Party Services at your own risk.

 

Mobile Services

The Service contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using our Service, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

 

Indemnification

You agree to indemnify, defend, and hold harmless PK Fitness, Inc, 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 your Content, your use of Content, your use of the Service, your conduct in connection with the Service or with other Service users, or any violation of these Terms, any law or the rights of any third party.

 

Privacy

Our Privacy Policy, which is incorporated into these Terms by this reference, further describes the collection and use of information on this Service. Our Privacy Policy can be referenced at this link.

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User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. The Company is not responsible or liable for any loss or damage resulting from any interaction with other Service users, persons you meet through the Service, or persons who find you because of information posted on, by or through the Service. You agree to take reasonable precautions in all interactions with other users on the Service, and conduct any necessary investigation before meeting another person. PK Fitness is under no obligation to become involved with any user dispute, but may do so at its own discretion.

 

Disclaimer

The Company is not responsible or liable for any Content posted on the Service or for any offensive, unlawful or objectionable Content you may encounter on or through the Service. The Service, Content, and the materials and products on this Service are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Service. The Company does not represent or warrant that the Service will be uninterrupted or error-free, that any defects will be corrected, or that this Service or the server that makes the Serviceavailable are free of viruses or anything else harmful. To the fullest extent permitted by law,

 

The Company does not make any warranties or representations regarding the use of the materials or content in the Service in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access the Service, loss of data or other harm of any kind that may result. The Company reserves the right to change any and all content and other items used or contained in the Service at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

Limitation Of Liability

The Company shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits of for business interruption arising out of your access, use or inability to use our Service, or any errors or omissions in the content, even if The Company has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of certain limitations of liability, so the above limitation or exclusion may not apply to you.

 

Third Parties

Third party products and services made available on the Service are made and offered directly by the applicable third party. When you purchase or use any such product or service, you acknowledge that you are contracting directly with such third party and not with the Company. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT PK Fitness SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

PK Fitness or third parties may provide links to other internet sites or resources through the Services. PK Fitness does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that PK Fitness is not responsible for the availability of such external sites or resources.

 

General Provision

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and the Company as a result of the Terms or your use of the Service. The Terms constitute the entire agreement between you and PK Fitness with respect to your use of the Service. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of PK Fitness. PK Fitness has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. PK Fitness’s notice to you via email, regular mail or notices, posts, or links on the Service shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

 

Severability

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

 

Termination

PK Fitness 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 the Service for any or no reason, without notice, and without liability to you or anyone else. PK Fitness also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Service. You understand and agree that some of your Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Service, or on other services (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Service or on other services even after your Content is removed or your account is terminated. These Terms remain in effect even after your account is terminated. The Terms relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

 

Claims of Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. PK Fitness will review claims of trademark infringement. If you believe in good faith that materials hosted by PK Fitness infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PK Fitness to locate the material on the Service; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that PK Fitness will not respond to complaints that do not meet these requirements.

 

If PK Fitness determines that the materials alleged to infringe your copyright or trademark rights do not require removal, PK Fitness will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which PK Fitness may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (click here) and should be sent to the agent identified Also, be aware that there may be penalties for false claims under the DMCA.

 

Agent to Receive Notices of Claimed Infringement:

PK Fitness
Attention: Copyright Agent

163 N. Glendora Ave
Suite A
Glendora, CA, 91741
626-335-6520

 

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

Exception—Litigation of Small-Claims-Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

 

30 Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address:

PK Fitness
163 N. Glendora Ave
Suite A
Glendora, CA, 91741

 

The notice must be sent within 30 days of registering to use our Service; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, PK Fitness also will not be bound by them. Finally, if you elect to opt out of these arbitration provisions, PK Fitness may terminate your use of the Service.

 

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with PK Fitness and these Terms must be filed within 12 months after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users.

 

United States Operation

This Service are controlled by the Company from its offices within the United States of America. PK Fitness makes no representation that the Content or the Serviceare appropriate or available for use in other locations. Access to or use of the Content or the Service from territories where such access or use is illegal is prohibited. Those who choose to access the Service from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

 

Notice for California Members

Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

 

© 2018 PK Fitness Apps