Terms of Service

Website Terms of Service
Last Updated: 9/30/11

 Before using this Web site, please read the Terms of Use set forth below. By using this Web site you agree to be bound by the Terms of Use. KardioFit, Inc. and its affiliates and subsidiaries ("We" or such conjugation thereof as the context may require) reserve the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Web site. This Web site is made available for your personal, non-commercial use only. By accessing and/or using any of our tools and services you acknowledge that you have read and understand the following Terms of Use and agree to be bound by the terms and conditions contained herein. Terms of use apply to all parties who use any of our tools and services. You may not use this Web site to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from any type of Web search and reformat and display them, or mirror the Web site home page or results pages on your Web site. If you want to make commercial use of the Web site, you must enter into an agreement with the KardioFit Site to do so in advance. Please contact us for more information.

1. No Representations Or Warranties

The services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently,

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.

Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or on linked Web sites.

2. Privacy Policy

The information that KardioFit obtains through your use of our sites, is subject to our Privacy Policy. That Privacy Policy contains terms and conditions that govern our collection and use of the information you provide use and our respective rights relative to that information. Please review our Privacy Policy before you use our sites. Your use of our sites indicates an agreement to our Privacy Policy.

3. User Warnings/User Conduct

We may make certain services available, including without limitation, e-mail, chat rooms, message boards and other community services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:

  1. Violate any applicable law, regulation or rule;
  2. Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
  3. Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
  4. Provide false information on your registration form or impersonate another person at any point;
  5. Post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
  6. Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of e-mails, communications, postings, data or information as a result of, or arising out of, our administration of such services.

We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.

4. Product and Service Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Site are correct and that all products have been fairly described. However, when ordering products or services through the Site, please note that:

  • orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Site, including, but not limited to, the event that a product is listed at an incorrect price due to typographical or other error;
  • all prices are displayed in United States Dollars unless expressly indicated otherwise;
  • packaging may vary from that shown on the Site;
  • any weights, dimensions, and capacities shown on the Site are approximate only; and
  • all items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

5. Order and Payment Information

Subscriptions are priced depending on their commitment period and/or products ordered, for example 1 month, or 12 months including BodyMedia® for ExerSpy® Armband. After the end of your commitment period KardioFit will continue to charge you on a monthly basis at the same rate that you were paying (excluding any promotional rates and/or Armband charges). At any time you may choose to upgrade your subscription, starting a new commitment period at a new monthly subscription rate.

All orders placed through the web site are subject to KardioFit's acceptance, which is in its sole discretion. Without limitation, this means that KardioFit may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, KardioFit shall issue a credit to your credit card account.

KardioFit will ship your order within 3 business days after the order has been placed assuming all ordered items are in stock. If you have ordered multiple items and some items are on backorder, we will hold the shipment until all items become available. This shipment will be delivered using the shipment method originally selected with the order.

If you use the Site or other means to purchase a product, payment must be received by KardioFit prior to KardioFit's acceptance of an order, unless otherwise agreed by KardioFit. KardioFit may need to verify information you provide before KardioFit accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, KardioFit will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. KardioFit expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to KardioFit is registered to you. KardioFit shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to KardioFit, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

KardioFit may reject orders where the stated delivery address is outside the United States and Canada. KardioFit will add applicable shipping and handling fees.  KardioFit reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you.  KardioFit's descriptions of, or references to, products not owned by KardioFit on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by KardioFit.

6. Shipping

Unless otherwise noted, KardioFit will use its best efforts to ship products within four weeks of the receipt of a properly completed order. However, any delivery or shipment date provided by KardioFit to you is KardioFit's good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. KardioFit shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. KardioFit cannot ship to P.O. boxes.

7. Automatic Renewal

With regards to any product made available to you on a monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the "Product"), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.  IF YOU PURCHASED A SERVICE BUNDLE THAT INCLUDES THE EXERSPY ARMBAND YOU HAVE AGREED TO PURCHASE THE EXERSPY ARMBAND PLUS TWELVE MONTHS OF KARDIOFIT SERVICE TO BE BILLED IN TWELVE EQUAL MONTHLY PAYMANTS.

The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT.

You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.

We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.

8. Our Guarantee & Refunds

Unless stated otherwise, all KardioFit products on the Site carry at least a 30-day money-back guarantee (less shipping and handling) from the date of delivery from the manufacturer or distributor of the product in the event that you are not 100% satisfied with your purchase. If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please contact us.

If your subscription is cancelled and the BodyMedia® for ExerSpy® Armband is returned within 30 days of purchase in original condition, KardioFit will issue you a full refund based on your method of payment. Products must be packed in their original packaging including all accessories, manuals, and documentation. Please contact Customer Service prior to returning any product to receive a Return Authorization form. You will be responsible for, and pre-pay, all return shipping charges and shall assume all risk of loss or damage to product while in transit to KardioFit. We recommend that you use a traceable method of shipping for your protection.

Subscriptions can be canceled through the MyProfile page, cancellation section of our website. Any amounts paid in advance will be refunded based on the time remaining in the subscription term. However, if you ordered a subscription and received a subscription price based on a certain subscription term, the amount refunded will be adjusted to reflect any discount received for the agreement to the subscription term. For example, if you chose a 12 month subscription term and cancel within the first 9 months, the amount refunded will be equal to the amount paid in advance less the amount due for the time passed, less any discount for agreeing to a 12 month subscription term.

After the end of your commitment period, KardioFit will continue to charge you on a monthly basis at the same rate that you were paying (excluding any promotional rates or Armband charges) until either party gives notice.

For example, if you choose a 12 month subscription with BodyMedia® for ExerSpy® Armband and cancel in the first 30 days then you will receive a full refund and no cancellation fee is due. If you cancel in month 2 then the cancellation fee is due fee is due consisting of the remaining months times the monthly subscription rate.. If you continue beyond the 12 month term and cancel after month 13 there is no cancellation fee due. Subscription and cancellation fees are set on the date of purchase.

9. Warranties

CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH KARDIOFIT. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF KARDIOFIT IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT KARDIOFIT DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO KARDIOFIT FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, KARDIOFIT AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THIS SITE. NOR DOES KARDIOFIT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.

ALTHOUGH KARDIOFIT STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, KARDIOFIT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, KARDIOFIT DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

KARDIOFIT DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, KARDIOFIT DISCLAIMS ALL WARRANTIES NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitations on Liability

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL KARDIOFIT OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF KARDIOFIT OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KARDIOFIT'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO KARDIOFIT FOR ANY PRODUCTS SUPPLIED BY KARDIOFIT THROUGH YOUR USE OF THE SITE OR OTHERWISE.

KARDIOFIT WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.

THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

12. Web Site Links And Third-Party Sites

This Web site may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

13. Confidentiality

Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

14. Security

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.

15. Limitation of Damages

IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.

16. Ownership

All contents of this website are Copyright © 2010 KardioFit, Inc. All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this Web site and all names, terms, logos, slogans, images and other indicia identifying KardioFit's products or services are proprietary marks belonging to KardioFit. A list of trademarks owned by KardioFit is set forth in Section 15 of these Terms of Use. The names of companies and products not owned by KardioFit and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to KardioFit, Inc. without the express written permission of KardioFit, Inc. is strictly prohibited.

17. Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to KardioFit (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by KardioFit or by the owners of that Content, in a separate agreement.

KardioFit reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, KardioFit may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that KardioFit has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which KardioFit may suffer) by doing so.

18. Proprietary rights

You acknowledge and agree that KardioFit (or KardioFit's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by KardioFit and that you shall not disclose such information without KardioFit's prior written consent.

Unless you have agreed otherwise in writing with KardioFit, nothing in the Terms gives you a right to use any of KardioFit's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

If you have been given an explicit right to use any of these brand features in a separate written agreement with KardioFit, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and KardioFit's brand feature use guidelines as updated from time to time.

Other than the limited license set forth in Section 11, KardioFit acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with KardioFit, you agree that you are responsible for protecting and enforcing those rights and that KardioFit has no obligation to do so on your behalf.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by KardioFit, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

19. License from KardioFit

KardioFit gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by KardioFit as part of the Services as provided to you by KardioFit (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by KardioFit, in the manner permitted by the Terms.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by KardioFit, in writing.

Unless KardioFit has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

20. Disclaimers

Our content may contain mistakes, inaccuracies or typographical errors and erratum. You agree to hold us harmless from any claims arising from such unfortunate happenstances. We reserve the right to make changes, modifications and updates to any information we publish or otherwise make available to you with no prior notice being given. If you use any of our tools and services (which includes all content of any nature) you agree to assume sole legal responsibility and all risks for such usage.

21. Pricing Changes

We may change our prices for our products and services at any time. You will be informed of all pricing changes at least a month in advance. We will either email you about our pricing changes or merely post them on our website, or both, at our sole discretion. All pre-paid purchases will not be affected by such pricing changes until your pre-paid period has elapsed. When we raise prices, you may unsubscribe to such services and tools before the new pricing takes effect.

22. Technological and Service Changes

We reserve the right to make technical, interface and service changes without prior notice to you. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the site and/or services and tools following such changes and modifications will constitute your binding acceptance.

23. Service Outages

We cannot promise that our various services and tools will be available 100% of the time. Some outages may occur, especially when we upgrade our services and tools. This is a normal part of how any technology service must conduct repairs and upgrades. You agree to hold us harmless from any damages that arise from our not providing services to you 100% of the time. Our services may have interruptions or errors and you also agree that we are not responsible for any damages of any nature regarding such interruptions or errors. Should our service not be available for thirty percent or more of any calendar month, we will provide you with one additional month of service at no charge to you.

24. Access Restrictions

For those areas of our website where we do not intentionally charge a fee to access, such areas may be accessed at no charge. But any service or tool, or portion of our site, that we provide only via a subscription basis, may be accessed only by the party paying for the subscription. Subscriptions are non-transferrable and your account may not be used by any third party. Violations will result in our terminating your account and you will not receive a refund despite the fact that such termination may take place within your first thirty days of using or accessing the related subscription tool or service.

25. Refusal of Service

We reserve the right to refuse any order that you place with us for reasons that are in our sole discretion and we shall not be required to explain to you why we refused to honor your order. Note that any violations of the law on your behalf or violations of what is generally considered to be good practices within the general Internet Community will result in refusals by us to honor orders and may even result in your account being terminated with no refund to you.

26. Content License From You

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give KardioFit a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling KardioFit to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

You agree that this license includes a right for KardioFit to make such Content available to other companies, organizations or individuals with whom KardioFit has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that KardioFit, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit KardioFit to take these actions.

You confirm and warrant to KardioFit that you have all the rights, power and authority necessary to grant the above license. 

27. Prohibited Conduct.
By accessing our website or any of our online forums or other service provided through our website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our website or any related online forum to:

Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by KardioFit.

  1. Use a name or language that KardioFit, in its sole discretion, deems offensive.
  2. Post defamatory statements.
  3. Post hateful or racially or ethnically objectionable material.
  4. Post Content that infringes another's copyright, trademark, or trade secret.
  5. Post unsolicited advertising or unlawfully promote products or services.
  6. Harass, threaten, or intentionally embarrass or cause distress to another person or entity.
  7. Impersonate another person.
  8. Promote, solicit, or participate in any multi-level marketing or pyramid schemes
  9.  Exploit children under 18 years of age.
  10. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
  11. Introduce viruses, worms, Trojan horses, and/or harmful code to the website.
  12. Obtain unauthorized access to any computer system through the website.

m.   Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without his or her consent (or a parent's consent in the case of a child under 13 years of age).

  1. Solicit personal information from children under 13 years of age.
  2. Violate any federal, state, local, or international law or regulation.
  3. Encourage conduct that would constitute a criminal or civil offense.

28. Children.
This website is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.

result of your breach of this Agreement; or (xi) engage in any action or practice that reflects poorly on KardioFit or otherwise disparages or devalues KardioFit's reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

29. License

Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

30. Claims of Copyright Infringement

KardioFit, Inc. respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.

31. Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to KardioFit’s Designated Agent. To be effective, the notification must be in writing and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit KardioFit to locate the material;
  4. Your address, telephone number, and, if available, your e–mail address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send the written communication to the following address:

Legal Department
KardioFit, Inc.
227 Bellevue Way NE, Suite 701
Bellevue, WA 98004
OR fax to:
(425) 642-8221, Attn: Legal Dept.

This contact information is provided exclusively for notifying KardioFit, Inc. that copyrighted material may have been infringed. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on this site.

32. Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

33. Governing Laws in Case of Dispute

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

34. International Use

We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.

35. Integration; Severability; General

These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site and your continuing use of such Web site and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

36. Trademarks

Below is a complete list of KardioFit trademarks.  KardioFit, Inc. (“KardioFit”) has made an effort to keep this list current and complete. KardioFit reserves any and all intellectual property rights that it has established in any of its product, feature or service names or logos, even if such name or logo does not appear on this list.

  • KardioTM
  • KardioFitTM
  • Kardio (& Design)TM
  • You Sweat…We Pay!TM

37. For Additional Information.

If you have any questions about these Terms of Service, please email the Kardio Krew

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