Terms of Service, Disclaimer and Waiver of Liability
The Vitality Project (“Vitality” or “we” or “us”) owns and operates this platform consisting of website/platform, www.vitalityprojectapp.com. Access to and use of this Website/platform are subject to the following to this disclaimer and waiver of liability and all users agree to the terms of this disclaimer and waiver of liability.
The statements set forth in this disclaimer and waiver of liability shall be construed broadly and shall not be interpreted as limiting Vitality’s Disclaimer and Waiver of Liability in any manner.
General Disclaimer on Health and Wellness Related Services
Vitality and all of its members, officers, employees, agents, and representatives are not licensed medical providers, nurses, dietitians, or physicians. Vitality is not offering dietetics or physiological advice, and nothing that is offered is intended as dietary, physiological or kinesthetic advice nor shall any product, service or content be construed as medical advice.
Accuracy and Warranty
Although Vitality strives to provide accurate and effective content, products and services, it makes no guarantees, conditions or warrantees as to the accuracy or effectiveness of the content, products or services provided on its website/platform. Unless expressly stated to the contrary to the fullest extent permitted by law, Vitality, its suppliers, its content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied whether by statute, common law or equity and shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website/platform or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Vitality’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. All of which are addressed below.
Licensed Only for Intended Use
Users’ license to access and use the content, services and products provided by Vitality shall be for the stated purposes of personal health, wellness, and fitness as described in Vitality’s mission statement.
Users of Vitality’s platform agree to not misuse the website/platform. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan horse, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the website/platform; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Vitality will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this platform or to your downloading of any material posted on it or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content regardless of medium made available to you on or through this platform remains the property of the Vitality Project or its licensors and are protected by copyright laws and worldwide intellectual property treaties. All such rights are reserved by Vitality.com and its licensors. Licensed users may store, print and display the content supplied solely for their own personal use. Users are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Vitality platform nor may you use any such content in connection with any business or commercial enterprise.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. Any affiliates accessible by link are independent of Vitality, and Vitality makes no warranties or guarantees regarding content, services or products offered by linked affiliates.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and products featured on this platform are in no way associated, linked or affiliated with Vitality; users shall not rely on the existence of such a connection or affiliation. Any trademarks, names or likenesses featured on this platform are owned by the respective third party. Vitality’s use of a trademark or brand name shall not be construed as an endorsement of said brand, product or service. Likewise, no reference to a brand, trademark, product, person or likeness shall be construed as establishing a business or ownership interest between Vitality and said brand, trademark, product, person or likeness.
Hold Harmless and Indemnification
Users agree to indemnify, defend and hold harmless Vitality, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and costs including, but not limited to, legal fees arising from your use or access of Vitality’s platform.
Vitality reserves the right to amend, remove or vary the services, products, and content of its platform at any time at its own discretion.
Survival of Disclaimer and Waiver of Liability
If any part of this Disclaimer and Waiver of Liability is deemed unenforceable including any provision in which we exclude our liability, the enforceability of all other parts of the Disclaimer and Waiver of Liability will not be affected and shall remain in full force and effect and survive the severing of the unenforceable portion. Additionally, any portion deemed unenforceable shall be rectified and interpreted in a manner as closely resembling the original meaning of said portion as is permitted by law.
Complaints and Inquiries
Please let us know if you have any complaints or comments by emailing us at email@example.com.
III. Waiver and Release of Liability
If a user breaches these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The Waiver and Release of Liability Agreement (the “Agreement”) is between Vitality and you, the user (Individually, if you are the user or as agents or representative of the user). It is agreed by between Vitality and the User that the User is purchasing, for the benefit of the User, an online fitness or coaching membership, from Vitality according to the terms on this Service Agreement.
*After the initial agreement is over User’s contract will be automatically renewed on a month-to-month basis and payments will continue until User cancels membership in writing via email to firstname.lastname@example.org with 7 days’ notice. It is further understood that auto-pays will continue to be withdrawn until the user requests the cessation of such debits, in writing, via email to email@example.com regardless of the duration of the membership agreement.
WAIVER AND RELEASE
I hereby enter into the following agreement with Vitality (principal place of business in the Commonwealth of Pennsylvania), as well as its members, officers, employees, agents, and representatives (individually and collectively, “Vitality”), as a condition of receiving and using Vitality’s online fitness and performance programming services.
- I acknowledge and fully understand that Vitality will plan to provide the most effective principles to help achieve my fitness, wellness, and personal goals, but that Vitality cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge Vitality and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Vitality, no matter where those injuries occur.
- I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the fitness and performance programming services provided by Vitality because I will necessarily be engaging in fitness or exercise activities on my own, without real-time supervision by Vitality, in a facility or location over which Vitality has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge Vitality from any and all liability from death, injuries or damages arising from, or in any way connected with, Vitality’s fitness and performance programming services; Vitality’s instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by Vitality; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Vitality, no matter where those injuries occur.
- I acknowledge and understand that Vitality and all of their members, officers, employees, agents, and representatives are not licensed dietitians or physicians, and do not hold themselves out to possess professional expertise in dietetics or medical matters. I acknowledge and agree that any information, guidelines, or advice provided by Vitality are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
- I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician, or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.
- If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect.
- Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought in The Commonwealth of Pennsylvania, and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by The Commonwealth of Pennsylvania law, irrespective of any choice-of-law principles. The parties’ legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by The Commonwealth of Pennsylvania law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in The Commonwealth of Pennsylvania.
- I hereby give permission to Vitality and any of its employees, contractors, coaches, or representatives to use my name and photographic/video likeness in all forms and media for advertising, exposition displays, trade, and any other lawful purposes.
- I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any.
Month to Month- No Contract
All memberships are month to month. Memberships may be cancelled at any time. Refunds will only be granted during the first 30 days of membership.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Vitality. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Vitality.