Last Updated: Last Updated: August 25, 2019
1. SERVICE ACCESS
THE SERVICE CONTAINS FITNESS AND HEALTH ORIENTED INFORMATION, PRODUCTS AND SERVICES. AS SUCH, EVERYONE, REGARDLESS OF THE SHAPE THEY ARE IN, SHOULD CONSULT A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE STARTING OR MODIFYING ANY EXERCISE PROGRAM. ONLY A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER CAN DETERMINE WHAT TYPE OF EXERCISE, THE FREQUENCY, AND THE INTENSITY THAT IS APPROPRIATE FOR EACH INDIVIDUAL. OF COURSE, ALWAYS USE COMMON SENSE WHEN EXERCISING. STOP EXERCISING IMMEDIATELY IF YOU EXPERIENCE SHORTNESS OF BREATH, DIZZINESS, DISCOMFORT OR PAIN.
IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICE PRUDENTLY, TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS AND DIRECTIONS, TO AT ALL TIMES REMAIN AWARE OF YOUR SURROUNDINGS, TO BE ATTENTIVE FOR POTENTIALLY UNFORESEEN OBSTACLES, TO NOT BECOME DISTRACTED WHILE USING THE SERVICE, TO ENSURE THAT THE VOLUME ON THE DEVICE USED WITH THE SERVICE IS NOT RAISED TO SUCH A LEVEL THAT IT BLOCKS OUT YOUR SURROUNDINGS OR DAMAGES YOUR HEARING.
License Grant. Subject to these Terms, Company grants you a limited, non-commercial, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to access the Service for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), view information on those areas of the Service generally available to all users and those areas of the Service for which you have registered. The Company reserves all rights not expressly granted herein in the Service. The Company may terminate this license at any time for any reason or no reason.
Mobile Device Access. Company may offer access to the Services through certain Company mobile software applications operating on Mobile Devices (“Mobile Software”). If you access or use the Service through a Mobile Device, you understand and agree that information about your usage (including without limitation the duration and frequency of your usage), as well as other information (including without limitation, your geographic location and the unique identifying information of your Mobile Device), will be accessible to your mobile carrier, and may also be communicated to Company in the ordinary course of data exchange. By accessing or using the Services through a Mobile Device, you represent that, to the extent you import any of your data to your Mobile Device, you authorize such transfer and have authority to share the transferred data with your mobile carrier or other access provider. You also understand that, in the event you change or deactivate your mobile account, you must promptly update your Company account information to ensure that your messages are not sent to a third party acquiring your old number, and you acknowledge and agree that failure to do so is your sole responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Services through your mobile carrier, including without limitation any incremental data transfer and similar surcharges. You should check with your mobile carrier to determine if access to the Service is available to you, and if so, the terms and costs applicable to your specific Mobile Device and plan. We may use geographic location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for services like traffic-monitoring. It is your responsibility to notify any users of your Mobile Device if geographic location monitoring is enabled. The use of certain geographic location based Services or the disclosure of geographic location information may be restricted by the controls or your Mobile Device. Company does not warrant that the Mobile Software will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent damage to your Mobile Device, loss of the data located on your Mobile Device, and corruption of the software and files located on your Mobile Device. You acknowledge and agree that Company and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
Mobile Software License. Company hereby grants you a limited, non-commercial, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to use a compiled code version of the Mobile Software for one My Swim Tracker member account on one Mobile Device owned or leased solely by you, for your personal use. You acknowledge that My Swim Tracker may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your Mobile Device. You consent to such automatic upgrading on your Mobile Device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is governed by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and the Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
2. REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
In consideration of your use of the Service, you represent and agree that you: (i) are of legally sufficient capacity to form a binding contract; (ii) are at least 18 years of age; and (iii) you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service. Children 14 years of age and older may only use the Service if (a) their parent or legal guardian has agreed to these Terms, and (b) their use is permitted and supervised by their parent or legal guardian. If you open an account to enhance your use of the Service, you must: (x) complete the registration process by providing true, accurate and complete information requested on the registration form (“Registration Data”); (y) maintain the accuracy of the Registration Data; and (z) provide a user name and password. You are entirely responsible for the confidentiality and use of your user name and password. You may not use the account, username, or password of someone else at any time. You are responsible for all electronic communications, including account registration and other account holder information, email, financial and other content (“Electronic Communications”) entered through or under your user name and password. Company will act as though any Electronic Communications it receives under your user name and password will have been authorized by you. You agree to notify Company immediately of any unauthorized use of your account, user name, or password.
3. INTEGRATED THIRD PARTY WEBSITES
4. SERVICE INFORMATION
- Warnings. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICE PRUDENTLY, TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS AND DIRECTIONS, TO AT ALL TIMES REMAIN AWARE OF YOUR SURROUNDINGS, TO BE ATTENTIVE FOR POTENTIALLY UNFORESEEN OBSTACLES, TO NOT BECOME DISTRACTED WHILE USING THE SERVICE, TO ENSURE THAT THE VOLUME ON THE DEVICE USED WITH THE SERVICE IS NOT RAISED TO SUCH A LEVEL THAT IT BLOCKS OUT YOUR SURROUNDINGS OR DAMAGES YOUR HEARING.
Information Related to Health. The Service is for informational purposes only and is not a substitute for professional medical advice or a medical exam. The Service offers general exercise training routines and techniques (“Training Programs”) designed for healthy individuals. Only a physician or other qualified health care provider can determine what type of exercise, the frequency, and the intensity that is appropriate for each individual. Prior to beginning or modifying any exercise program or Training Programs and/or if you suffer from any pre-existing medical conditions, use any medical devices (such as a pacemaker or hearing aid) or are pregnant, you should seek the advice of your physician or other qualified healthcare professional to determine if you are healthy enough to exercise, if the Training Program you selected is appropriate for you and to provide ongoing monitoring of your health. You agree that no information provided by the Service will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed physician. Always remain hydrated while exercising and do not rely on the Service to inform you when to drink. USE OF OR RELIANCE ON ANY OF THE TRAINING PROGRAMS, TECHNIQUES, IDEAS, AND SUGGESTIONS ACCESSED THROUGH THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH YOUR USE OF THE TRAINING PROGRAMS.
Product/Service Descriptions and Pricing Company strives for the Service to be as accurate as possible. However, Company does not represent or warrant that Training Programs, product descriptions or other content on the Service are accurate, complete, reliable, current, or error-free. For example, products included on the Service may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Service. In addition, we may make changes in information about Training Programs, price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. If a product offered on the Service is not as described, your sole remedy is to return it within thirty (30) days of delivery in accordance with Section 6, Returns and Refunds. Despite our best efforts, a small number of the items on our Service may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Service. By placing an order, you represent that the products ordered will be used only in a lawful manner.
5. PAYMENT TERMS; INTEREST; ORDERS
All orders placed through the Service are subject to Company’s acceptance. Terms of payment are within the Company’s sole discretion, and unless otherwise agreed to by the Company, payment must be received by the Company prior to the Company’s acceptance of an order. Payment for product orders will be accepted via certain payment methods accepted by our third party payment processing service. Your order is subject to cancellation by Company at Company’s sole discretion. All amounts due are payable in U.S. dollars. Any amount not paid when due will be subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by the Company in collecting past due amounts from you.
6. RETURNS AND REFUNDS
Company Product and Service returns and refunds are governed by the terms and conditions set forth on our web site at https://h2oaudio.com/pages/warranty and incorporated herein by this reference.