Last Updated: [1 Dec 2023]
These Terms and Conditions (“Terms” or “Agreement”) govern your use of the www.myworkoutroutine.net website (“Site”) which is owned and operated by [www.myworkoutroutine.net ], (collectively, “My Workout Routine”, “we”, “us”, or “our”) and any mobile application, application programming interfaces, and other services offered by My Workout Routine in connection with the Site, as well as services offered through third parties integrating Site functionality (“Services”).
THIS IS A BINDING AGREEMENT. BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITE, OR ACCESS ANY OF THE CONTENT OR SERVICES AVAILABLE THROUGH THE SITE, IN ANY MANNER OR FORM WHATSOEVER.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION UNLESS YOU OPT-OUT. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED.
Your Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services. When you use the Site or Services, you also may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, threatening, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
- transmit any executable programming or other computer instructions or technological means of any kind, viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any robot, spider or other automatic program or device, or manual process to scrape, crawl, monitor, copy, summarize, or otherwise extract information from the Site or Services in whole or in part, including, without limitation, creating any frames at any other websites pertaining to any portions of the Site or Services;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- otherwise violate these Terms, our stated policies, or any other agreements between us.
We reserve the right, but do not undertake the obligation to: (a) monitor or review the Site and Services for violations of the Agreements, and for compliance with our policies and applicable law; (b) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content, defined below, or any portion thereof; (c) manage the Site and Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site and Services; and (d) terminate or block you your use of the Site or Services for violating these Terms.
We reserve the right to, in our sole discretion, and without notice or liability, restrict or deny access to the Site or Services or to terminate the user account of any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms or the Agreements, or of any applicable law or regulation.
- User Content
The Site and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, share, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.
You represent and warrant that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
- The User Content complies with these Terms.
You are solely responsible for your User Content. My Workout Routine is not a publisher of User Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your User Content.
We reserve the right, but do not have the obligation to monitor, remove, or restrict any User Content for any reason, including, without limitation, that your User Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion. You agree that any action or inaction we take to prevent, restrict, redress, or regulate User Content, or to implement other enforcement measures against any User Content, is undertaken voluntarily and in good faith. We may moderate User Content, conduct, and compliance with the Agreements at our discretion, but they do not have any authority to make binding commitments, warranties, or representations on our behalf. You expressly agree that we shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any User Content, conduct or potential or purported violation of the Terms.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason or no reason.
Except for User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”), and (b) our trademarks, logos, and brand elements (“Marks”). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. You may not use the Site and Services, Out Content, or Marks without the express and prior written consent of My Workout Routine.
- Other Web Sites
Our Site contains links to other web sites. When you click on one of these links, you are entering another web site for which My Workout Routine has no responsibility. We encourage you to read the terms and privacy statements on all such sites as their policies may be different than ours.
- Third Party Content and Interactions
Our Site and Services may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of our Site and Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site and Services, you hereby release us and our affiliates and sponsors, and their and our respective officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site or Services.
Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES, OTHER THAN THOSE EXPRESSLY STATED ON THE FACE OF THE SITE AND THE SERVICES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Mandatory Arbitration and Class Action Waiver
PLEASE READ THESE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY TO UNDERSTAND YOUR RIGHTS.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. This arbitration agreement does not preclude you or My Workout Routine from seeking action by federal, state, or local government agencies. You and My Workout Routine also have the right to bring qualifying claims in small claims court. In addition, you and My Workout Routine retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
The arbitrator shall follow the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. In all other respects, the substantive law of the State of Florida shall apply, without regard to conflicts of laws principles.
Neither you nor My Workout Routine may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or My Workout Routine’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. Failure or any delay in enforcing this arbitration provision in connection with any Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims.
If any claim or dispute is found by the arbitrator to be excluded from this arbitration agreement above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Florida.
This Section of the Terms will survive the termination of your relationship with My Workout Routine
30 DAY RIGHT TO OPT-OUT. YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THESE TERMS BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY EMAILING US AT [email@example.com].THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
- Claims of Intellectual Property Infringement
We take claims of copyright infringement and infringement of other intellectual property seriously and will respond to notices of alleged copyright infringement and other types of infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Services. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials from the Services by sending a notice of alleged infringement (“DMCA Notice”) to the following contact information: [firstname.lastname@example.org].
DMCA Notices must contain the following information:
- Who the copyright owner is of the content that is allegedly infringing.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
- A description of the copyright-protected work that you claim has been infringed and a link to a website or other location where that work is located and/or a copyright registration number if available.
- A description of the material that you claim is infringing and where it is located.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law.
- 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.
Please do not send any other correspondence or inquiries other than DMCA Notices. We will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see http://www.copyright.gov/ for more information.
To report types of intellectual property infringement OTHER THAN COPYRIGHT, please send an email to [email@example.com] with all of the following information (a “Notice”):
- Your physical or electronic signature.
- Identification of the intellectual property right you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the protected material is not authorized by the intellectual property owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.
Upon receipt of Notice as described above, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site and Services.
- Waiver. The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
- Severability. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities.
- Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to [firstname.lastname@example.org]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
- Independent Contractors. Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
- Assignment. We may assign our rights under these Terms without your approval and with or without notice to you. Your rights or obligations arising under these Terms and Agreements cannot be assigned without our (or our assigns’) express written consent.
- Entire Agreement. These Terms reflect the entire agreement between the you and My Workout Routine related to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.
If you have any questions or concerns, please contact us at [email@example.com].