Vitogo, Inc. ("Vitogo") provides the Vitogo website and the Vitogo iPhone application (collectively, the "Service") in connection with our partners, service providers, sponsors, and other affiliates. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by the following terms and conditions (this “Agreement”), whether or not you are a registered user of our Service. We may change this Agreement at any time by posting notice on the Vitogo website. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Service.
1. Registration.
If you register as a User, you represent and warrant to Vitogo that: (i) you are of legal age to form a binding contract; (ii) you will provide Vitogo with accurate, current and complete registration information; and (iii) your registration and your use of the Service is not prohibited by law. Vitogo reserves the right to suspend or terminate your registration, or your access to this Service, in the event that you breach any term of this Agreement.
2. Minors.
The Service is not directed at users under the age of 18. If you are under the age of 18, you are not permitted to register as a User or use the Service.
3. Ownership of Materials on the Website.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Vitogo website, excluding any User Content (as defined below) (collectively, the "Site Content") are proprietary to us or to third parties. All software used for the Service is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks "Vitogo," “Your Fitness Architect,” and “Your Strength Training Architect” are unregistered trademarks of Vitogo, and they may not be used in connection with any service or products other than those provided by Vitogo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vitogo. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
Various company, product, and service names displayed on the Service may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Service contains links to, and content and data from, third-party websites (“External Sites”). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. In addition, the Service contains content posted, stored, or displayed at the direction of users of the Service, for which we cannot accept any responsibility or liability.
4. Your Registration and User Content.
The information you submit to us as part of your registration, and any data, photographs, text, graphics, video, and other material that you submit or post to Vitogo ("User Content") remain your property, and Vitogo does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that Vitogo may use such information and User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Vitogo Privacy Statement, and you grant Vitogo the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.
5. License to Use the Service.
Vitogo authorizes you to view, download, print, copy and use the Site Content for your personal, non-commercial purposes. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Vitogo.
You agree, and represent and warrant, that your use of the Service and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
6. Forums, Chat Spaces and Blogs.
A number of Service features, such as the feature allowing you to share fitness information with friends, and any chat areas and blogs, offer opportunities for sharing information with others (the "Interactive Features"). Vitogo does not edit or control User Content that you and other users post to or distribute through the Interactive Features, and will not be in any way responsible or liable for User Content. Vitogo does not vet or control the Users or other individuals that use the Service or Interactive Features. Vitogo shall not be liable for any loss or damage that any person may suffer as a result of using Interactive Features. All users use the Interactive Features at their own risk. Users should exercise caution in interacting with unknown persons that they meet using the Interactive Features in the same way that they would exercise caution in the physical world.
No user of any Interactive Feature shall:
(a) Use a Interactive Feature in violation of, or in connection with any violation of, any local, state, national or international laws;
(b) Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
(c) Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
(d) Post any material more than once or "spam"; or
(e) Engage in any other conduct that restricts or inhibits any other person from using or enjoying any Interactive Feature, User Content, or the Service, or which, in Vitogo's sole judgment , exposes Vitogo or any officer, director, employee or agent of Vitogo (each an "Vitogo Affiliate") to any liability or detriment of any type.
7. Service Restrictions.
No user of this Service shall submit, upload to, distribute through or otherwise post to the Vitogo website (including any Interactive Feature) any material that:
(a) Is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
(b) Contains any advertising, promotional, solicitation or other commercial material;
(c) Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
(d) Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
(e) Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or others; or
(f) Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Vitogo reserves the right (but is not obligated) to do any or all of the following:
(g) record User Content;
(h) Investigate an allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;
(i) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
(j) monitor, edit or disclose any User Content or User registration information; or
(k) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.
Vitogo and Vitogo Affiliates have no liability or responsibility to users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities.
8. Links to Third Party Website Are Not Endorsements.
The Vitogo website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Vitogo. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
9. Ideas Submitted to Vitogo.
Vitogo is pleased to hear from you and welcomes your comments about the Service. In the event that you submit ideas or suggestions for the Service ("Service Comments"), the Service Comments will be deemed, and will remain, the sole property of Vitogo. None of the Service Comments will be subject to any obligation of confidence on the part of Vitogo, and Vitogo and Vitogo Affiliates (as defined below) will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, Vitogo will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
10. Warranty Disclaimers and Limitations of Liability.
We created Vitogo to provide our users with guidance on how to achieve their fitness goals. However, we are not a medical organization, and our recommended strength training programs and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses. The Service is a source of information for educational purposes only.
You acknowledge that your diet and exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. You should consult a licensed physician prior to beginning or modifying any diet or exercise program that you undertake, and you acknowledge that Vitogo has advised you of the necessity for obtaining such consultations. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert.
The Service is intended for use only by individuals healthy enough to perform strenuous exercise. In addition, the Service should not be used by pregnant women or individuals under age 18. In no event shall Vitogo be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Service or any diet, exercise or other activity you undertake in connection with your use of the Service. Vitogo cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of the Service.
You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Service, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Service are wholly at your own risk. Vitogo will not be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly, and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform. We highly recommend that you seek guidance from a physical therapist or other qualified health care practitioner if you have any preexisting injuries or conditions that may compromise the joints, muscles, or other tissues involved in your workouts, or that might otherwise interfere with recommended activities.
Without limitation of the foregoing, Vitogo and Vitogo Affiliates make no representations or warranties of any kind regarding the Service, the Site Content or the User Content. The Service, Site Content and User Content are provided in "AS IS" condition, and Vitogo and Vitogo Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE, THE SITE CONTENT AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE, THE SITE CONTENT AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from Vitogo, any of Vitogo Affiliates or through the Service, Site Content or User Content will create any warranty not expressly stated herein.
YOU USE THE WEBSITE, THE SITE CONTENT AND USER CONTENT AT YOUR OWN RISK, AND NEITHER VITOGO NOR VITOGO AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM VITOGO OR VITOGO AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE, SITE CONTENT OR USER CONTENT, EVEN IF VITOGO OR VITOGO AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. Link to the Privacy Statement.
Vitogo operates the Service under the Privacy Statement published at http://www.vitogo.com/privacy. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.
12. Digital Millennium Copyright Act.
Vitogo complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Vitogo website you may contact our Designated Agent:
Arel English
Vitogo, Inc.
Email: arel@vitogo.com
Any notice alleging that materials on this website infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the website;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the website of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter Notices
If material that you have posted to the website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
(g) a physical or electronic signature of the subscriber;
(h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Vitogo may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
13. Applicable Law and Jurisdiction; Compliance.
You and Vitogo agree that all matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. A party shall not seek relief from a court with respect to any dispute arising in connection with this Agreement (except for any application for urgent equitable relief) unless such dispute has first been referred to voluntary mediation, and, if such mediation is not successful, has been submitted to arbitration conducted by a panel of three arbitrators sitting in Boston, Massachusetts. Each party shall choose one arbitrator and those two shall choose the third. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the decision of the arbitrators shall be binding and enforceable in any court of competent jurisdiction. The arbitrators shall have no power to award punitive damages nor any damages inconsistent with this Agreement or measured other than by the actual losses suffered by the parties. The award of the arbitrators may be enforced in any court of competent jurisdiction. If you choose to gain access to the Service from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Service or Site Content in violation of U.S. export laws or regulations.
14. Miscellaneous Provisions.
No delay or omission by Vitogo in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Vitogo of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to." If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Vitogo regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
Please contact us at: contact@vitogo.com if you have any questions about this Agreement.
Effective Date of Terms: December 1, 2011.