Gymbo Terms of Service
ACCEPTANCE OF TERMS
Jonathan Marcel, doing business as Gymbo Gymbo.co, or GymboApp.com ("Gymbo") provides the Gymbo Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. By accessing and using the Gymbo Services, you accept and agree to be bound by the terms and provision of the TOS, and further agree to indemnify and hold harmless Gymbo, it's founder, and any future or present officers, directors, shareholders and employees from any injuries, accidents, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the gymbo.co or gymboapp.com website and any other Gymbo service. In addition, when using particular Gymbo owned or operated services, you and Gymbo shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time.
The authors of this web site are providing information for educational purposes only. The information provided within this website and from our services is not intended to be a diagnosis or prescription. Before beginning any diet or fitness program please consult a physician. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. The authors of this web site, and all its content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of Gymbo.
DESCRIPTION OF GYMBO SERVICES; MINIMUM AGE REQUIREMENT
Gymbo is your personal resource for getting a better workout. Through customized exercise recommendations, Gymbo is designed to help you achieve improved performance. Gymbo can help you improve your body while sharing the experience with friends.
You also understand and agree that the Gymbo Services may include advertisements and that these advertisements are necessary for Gymbo to provide the Gymbo Services. You also understand and agree that the Gymbo Services may include certain communications from Gymbo, such as service announcements, administrative messages and the Gymbo Newsletter, and that these communications are considered part of Gymbo membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Gymbo Services, including the release of new Gymbo properties, shall be subject to the TOS. You understand and agree that the Gymbo Services is provided "AS-IS" and that Gymbo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Gymbo Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Gymbo Services.
Age Requirement. You must be at least 18 to use the Service.
You understand that the technical processing and transmission of the Gymbo Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Gymbo Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Gymbo Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Gymbo Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gymbo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gymbo has the right to suspend or terminate your account and refuse any and all current or future use of the Gymbo Services (or any portion thereof). Gymbo is concerned about the safety and privacy of all its users.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Your Gymbo account is based on authorization services provided by Facebook, Inc. You are responsible for maintaining the security and confidentiality of all information necessary to access your account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Gymbo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Gymbo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
i. You hereby grant Gymbo an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
ii. You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
iii. User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to Gymbo you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, Gymbo may use and disclose your Submissions in any way; and (iii) Gymbo has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
iv. You acknowledge, consent and agree that Gymbo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Gymbo, its users and the public.
Prohibited Contet: you must not post to the Service any Content that, as reasonably determined by Gymbo is:
A. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
B. infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
C. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
D. unsolicited, undisclosed or unauthorized advertising;
E. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
F. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
G. in violation of any applicable local, state, national or international law (including export laws).
You acknowledge that Gymbo may or may not pre-screen Content, but that Gymbo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Gymbo Services. Without limiting the foregoing, Gymbo and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Gymbo or submitted to Gymbo, including without limitation information in Gymbo Message Boards and in all other parts of the Gymbo Services.
A. Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Gymbo , subject to applicable law:
i. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
ii. access, tamper with, or use services or areas of the Service that you are not authorized to access;
iii. alter information on or obtained from the Service;
iv. tamper with postings, registration information, profiles, submissions or Content belonging to Gymbo or other users of Gymbo ;
v. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
vi. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Gymbo ;
vii. impersonate or misrepresent your affiliation with any person or entity;
viii. reverse engineer any licensed software, application, tools or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
ix. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient; or
x. take any action which might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
B. Liquidated Damages. If you send unsolicited commercial email or advertising, bulk email, spam, or chain letters (collectively, "unsolicited email or other communication") through the service, you acknowledge that you will have caused substantial harm to Gymbo , but that the amount of the harm would be extremely difficult to ascertain. as a reasonable estimation of such harm, you will pay licensor $40 for each such unsolicited email or other communication..
You understand that the Gymbo Services and software embodied within the Gymbo Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Gymbo and/or content providers who provide content to the Gymbo Services. You may not attempt to override or circumvent any of the usage rules embedded into the Gymbo Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Gymbo Services, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON GYMBO NETWORK
When you register with Gymbo, you acknowledge that in using the Gymbo Services to send electronic communications (including but not limited to email, search queries, sending messages to Gymbo Chat or Gymbo Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through Gymbo's computer networks, portions of which are located in across the United States. As a result, and also as a result of Gymbo's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Gymbo Services and transfer, posting and uploading of software, technology, and other technical data via the Gymbo Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Gymbo Services to parties identified on such lists; (b) agree not to use the Gymbo Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Gymbo Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE GYMBO SERVICES
Gymbo does not claim ownership of Content you submit or make available for inclusion on the Gymbo Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Gymbo Services, you grant Gymbo the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Gymbo Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Gymbo Services solely for the purposes of providing and promoting the specific Gymbo Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Gymbo Services and will terminate at the time you remove or Gymbo removes such Content from the Gymbo Services.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Gymbo Services other than Gymbo Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Gymbo Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Gymbo Services and will terminate at the time you remove or Gymbo removes such Content from the Gymbo Services.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Gymbo Services other than Gymbo Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
CONTRIBUTIONS TO GYMBO
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Gymbo through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Gymbo is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Gymbo shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Gymbo may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Gymbo without any obligation of Gymbo to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Gymbo under any circumstances.
You agree to indemnify and hold Gymbo and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Gymbo Services, your use of the Gymbo Services, your connection to the Gymbo Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF GYMBO SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Gymbo Services (including Content, advertisements, Software and your Gymbo ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Gymbo may establish general practices and limits concerning use of the Gymbo Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Gymbo Services, the maximum number of email messages that may be sent from or received by an account on the Gymbo Services, the maximum size of any email message that may be sent from or received by an account on the Gymbo Services, the maximum disk space that will be allotted on Gymbo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Gymbo Services in a given period of time. You agree that Gymbo has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Gymbo Services. You acknowledge that Gymbo reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Gymbo reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO GYMBO SERVICES
Gymbo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Gymbo Services (or any part thereof) with or without notice. You agree that Gymbo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Gymbo Services (or any part thereof).
You may terminate your Gymbo account, any associated email address and access to the Gymbo Services by submitting such termination request to Gymbo.
You agree that Gymbo may, without prior notice, immediately terminate, limit your access to or suspend your Gymbo account, any associated email address, and access to the Gymbo Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Gymbo Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Gymbo Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Gymbo's sole discretion and that Gymbo shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Gymbo Services.
Termination of your Gymbo account includes any or all of the following: (a) removal of access to all or part of the offerings within the Gymbo Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Gymbo Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Gymbo Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Gymbo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Gymbo Services.
The Gymbo Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Gymbo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Gymbo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
GYMBO'S PROPRIETARY RIGHTS
You acknowledge and agree that the Gymbo Services and any necessary software used in connection with the Gymbo Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Gymbo Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Gymbo or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Gymbo Services, such Content or the Software, in whole or in part.
Gymbo grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Gymbo Services. You agree not to access the Gymbo Services by any means other than through the interface that is provided by Gymbo for use in accessing the Gymbo Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE GYMBO SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE GYMBO SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GYMBO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GYMBO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE GYMBO SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE GYMBO SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GYMBO SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GYMBO SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GYMBO SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GYMBO OR THROUGH OR FROM THE Gymbo SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE GYMBO SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE Gymbo SERVICE. IMMEDIATELY DISCONTINUE USE OF THE GYMBO SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE GYMBO SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GYMBO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GYMBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE GYMBO SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Gymbo SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE GYMBO SERVICE.
THE FITNESS, NUTRITION, AND RELATED INFORMATION AND RECOMMENDATIONS PROVIDED BY Gymbo IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. GYMBO IS NOT A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE STARTING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. WE CANNOT PROVIDE YOU WITH MEDICAL ADVICE OR DIAGNOSIS. NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY SERVICE, EMPLOYEES, OR OTHER AGENTS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. SUCH INFORMATION IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS.
In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Gymbo.
And, if you are a woman, in becoming a Member with the intent of using the Site you further affirm that either: (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of Gymbo.
Gymbo reserves the right to cancel or refuse your membership if we determine that you have certain medical conditions.
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Gymbo may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Gymbo Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Gymbo Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Gymbo Services in an authorized manner.
You agree that all of Gymbo's trademarks, trade names, service marks and other Gymbo logos and brand features, and product and service names are trademarks and the property of Gymbo (the "Gymbo Marks"). Without Gymbo's prior permission, you agree not to display or use in any manner the Gymbo Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Gymbo respects the intellectual property of others, and we ask our users to do the same. Gymbo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Gymbo's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Gymbo's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: info@Gymbo.com
Entire Agreement. The TOS constitutes the entire agreement between you and Gymbo and governs your use of the Gymbo Services, superseding any prior version of this TOS between you and Gymbo with respect to the Gymbo Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Gymbo services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of Gymbo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Gymbo account is non-transferable and any rights to your Gymbo ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Gymbo Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.