This Terms of Use Agreement and our Privacy Statement (together, these "Terms") describe the terms and conditions on which Application Fitness offers you access to TrackPro, the website at trackpro.applicationfitness.com (the 'website'), applicationfitness.com, or our iOS and Android applications (the 'apps') to which these Terms are linked or referenced (collectively, the "Services").
Before accessing and using the Services, read these Terms carefully, because they constitute a legal agreement between Application Fitness and you.
By accessing and using the services, you affirm that:
You have read and understand these terms; you will comply with the terms; and you are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts, or have received permission from your parent or legal guardian.
If you do not agree to any of these Terms, do not use the Services.
Application Fitness reserves the right to modify these terms at any time. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes, we will notify you here that it has been updated. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of our agreements, notices or statements about the Terms.
The Services, including all medically-related information, are for informational purposes only. Application Fitness does not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy of any author, technology, or other person available through the Services.
We also cannot answer any medical-related questions, either through the apps, email, or through any other means.
APPLICATION FITNESS SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL, AND/OR DIAL YOUR EMERGENCY PHONE NUMBER.
The materials appearing on the Services may include technical, typographical, or photographic errors. We do not warrant that any of the materials on the website or apps are accurate, complete or current. We may make changes to the materials contained on the Services at any time without notice. Furthermore, we do not make any commitment to updating the materials.
The Services may contain links to third-party websites and services, including social media (collectively, "Linked Services"). Linked Services are not under the control of Application Fitness Inc., and Application Fitness is not responsible for Linked Services, or for any form of transmission received from any Linked Service. The inclusion of a link does not imply endorsement by Application Fitness of the Linked Service, or any association with the operators of the Linked Service. Application Fitness may not investigate, verify or monitor the Linked Services. The Services provide links to Linked Services for your convenience only. You access the Linked Services at your own risk, and are subject to the privacy policies, terms, conditions of use, and other legal provisions applicable to the Linked Services.
Application Fitness may from time to time, in its sole discretion, develop and provide updates for Apps, which may include upgrades, bug fixes, patches and other error corrections, and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. Application Fitness has no obligation to provide any Updates, or to continue to provide or enable any particular features or functionality.
Based on your mobile device settings, when your mobile device is connected to the internet, either: (a) the Updates will automatically download and install; or (b) you may receive notice of, or be prompted to download and install available Updates.
Promptly download and install all Updates - if you do not, portions of the Services may not properly operate. Updates will be deemed part of the Services, and subject to all terms and conditions of these Terms.
Eligibility: You must be the age of legal majority or older in your place of residence to use the Services. By using the Services, you represent to Application Fitness that you are at least the age of majority in your place of residence.
Your Responsibilities: You may use the Services for lawful purposes only. You may not use the Services in any manner that could damage, disable, overburden or impair Application Fitness's servers or networks, or interfere with any other party's use and enjoyment of the Services.
You may not attempt to gain unauthorized access to the Services, other users' Accounts, or Application Fitness's computer systems, or networks, through hacking, password mining, or any other means. Without limiting any of the foregoing, you agree that you shall not, and you agree not to encourage, or allow any third party to:
You are solely responsible for any and all charges, fees and other costs related to use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi, or a participating mobile service provider.
Application Fitness and you each represent and warrant that you have the legal capacity and authority to enter into these Terms.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, APPLICATION FITNESS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM DEFECTS, UNINTERRUPTED OR ERROR-FREE USE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. APPLICATION FITNESS DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; OR (iii) ERRORS WILL BE CORRECTED.
ANY ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY APPLICATION FITNESS OR ITS AGENTS SHALL NOT CREATE ANY WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” APPLICATION FITNESS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL APPLICATION FITNESS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
EVEN IF APPLICATION FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICATION FITNESS SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, TERRORISM, CIVIL DISTURBANCE, GOVERNMENT ACTION, TELECOMMUNICATIONS OR NETWORK FAILURE, FIRE, FLOOD, STRIKE OR LABOR DISPUTE.
If, for any reason, the foregoing disclaimers or exclusions are held to be invalid or unenforceable, APPLICATION FITNESS’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE LESSER OF:
The limitations and disclaimers in this section apply only to the extent permitted by applicable law. If any limitation or disclaimer is prohibited or unenforceable under such law, it will not apply, but the remainder of this section will remain in full force and effect.
If you are a California resident, you hereby waive the protection of California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You acknowledge and agree that the disclaimers, exclusions and caps set forth above are fundamental to the bargain between you and Application Fitness, and that Application Fitness would not provide the Services without your agreement to these limitations of liability.
You agree to defend, indemnify and hold harmless Application Fitness Inc., its affiliates, and their respective officers, directors, employees, agents, licensees and insurers from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees and costs of enforcing this indemnification) arising out of or relating to your breach of these Terms or your use of the Services. Application Fitness reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement or compromise that affects the rights or obligations of Application Fitness may be made without Application Fitness’s prior written consent.
Your affirmative act of using and/or registering for the Services constitutes your consent to enter into agreement with Application Fitness Inc. electronically.
The Services are hosted in the State of Washington, USA. We may block or restrict access to the Services from certain jurisdictions. If you access the Services from outside the United States, you are solely responsible for compliance with all applicable local laws.
This provision only applies in respect of the version of the TrackPro App ("App") used on devices of Apple, Inc. This agreement is an agreement between you and Application Fitness Inc. Apple Inc. has no responsibility for the App or the content of the App, including in respect of claims of intellectual property infringement, product liability, or that the App does not conform with applicable law. Apple provides no warranty in respect of the App and has no obligation to provide support in respect of the App. All claims in respect of the App must be directed to Application Fitness Inc. and not to Apple Inc.
These Terms, and any dispute arising out of or relating to them, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws provisions. You agree to submit to the exclusive jurisdiction and venue of the courts of the State of Delaware, and the federal courts for the District of Delaware. To the fullest extent permitted by law, you waive any right to bring claims under the laws or in the courts of any other jurisdiction. Nothing in these Terms shall waive or limit any rights you may have under mandatory provisions of applicable local law.
Please read the TrackPro Privacy Policy carefully to learn what information Application Fitness Inc. collects through the Services and how we process it.
Without limiting the terms of the TrackPro Privacy Policy, you understand that Application Fitness Inc. does not guarantee that your use of the Services, or any information you provide through them, will be private or secure. Except as required by law, Application Fitness Inc. is not responsible for any breach of privacy or security you may experience. You alone are responsible for implementing whatever security measures you deem appropriate for your use of the Services. Application Fitness Inc. also reserves the right to disclose any information it deems necessary to comply with applicable laws, regulations, legal processes or governmental requests, or to protect the security of personal information and the Services.
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