Terms and Conditions
RISK OF PLATFORM USE
Although the Services and Content on our website may include features that promote physical activity, please consider the risks involved. Consult with your medical professional before engaging in any physical activity. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, or exercises. You are solely responsible for exercising within your limits and seeking medical advice and attention as appropriate.
Restore Fitness reserves the right to accept or cancel any order at any time. All orders placed through the website are subject to Restore Fitness’s review and acceptance. This pertains to any orders, whether they have been confirmed or not, for any reason, and without liability to you or anyone else.
The Platform is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Platform.
THE PLATFORM AND PERMITTED USES
To ensure that the Platform and the Platform Content are available for all users to enjoy, you represent, warrant, and covenant that you will not permit or enable a third party to do any of the following:
(1) violate these Terms;
(2) make commercial use of the Platform that is designed to monetize the login process, the collection and use of any personal information provided by other users, or access the Platform Content;
(3) use the Platform for any purpose that is unlawful, infringing, harmful, threatening, tortious, defamatory, libelous, abusive, obscene, invasive of another’s privacy, hateful, fraudulent or malicious;
(4) harass or advocate harassment of another person;
(5) involves the sending out of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism;
(6) promote information that you know is false, misleading, or promotes illegal activities or conduct;
(7) interfere with or disrupt the Platform or any server or network involved with the operation of the Platform;
(8) collect or harvest from the Platform the names of other users for the purpose of transmitting to those other users unsolicited commercial messages;
(9) access or attempt to access any portion of the Platform or the Platform Content by any means other than through the Website or Platform or use automated tools to operate the Platform (i.e. scripts, robots, etc);
(10) resell, rent, loan, or sublicense the Platform or Platform Content; or
(11) otherwise violates any local national or other applicable law or regulation.
If you become aware of any unauthorized use of the Platform or Platform Content, you must immediately notify us in writing at firstname.lastname@example.org. In the event that the unauthorized use occurred through your account by a third-party, you will take all steps necessary to terminate such unauthorized use and cooperate with us as may be reasonably requested to stop the unauthorized use.
THE PLATFORM AND INTELLECTUAL PROPERTY
The Platform and Platform Content, including all materials, images, text, illustrations, designs, icons, photographs, structure, layout, software, and other elements contained on or otherwise making up the Platform or Platform Content (collectively, the “Content”), are protected by copyright, trademark, trade dress and other intellectual property laws and international conventions. We own all right, title and interest in and to the Content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Content solely in accordance with these Terms. You are not granted any further license to any software or intellectual property rights by these Terms. Your access to and use of the Platform is limited to your own personal electronic devices for your own personal use and may not be shared with any other person, regardless of the medium through which you are accessing the Platform.
You are specifically prohibited from personally, and on behalf of others:
(1) copying, adapting, displaying, distributing, publishing, disseminating, transmitting, storing, selling, or using the Platform or Content for any purposes or in any manner other than as intended and expressly authorized in writing by us;
(2) removing or attempting to remove from the Platform, downloading, copying, recreating, disassembling, modifying, destroying, tampering with, deactivating, translating, reverse engineering, or decompiling any software or other Content on the Platform; or
(3) assigning, selling, sublicensing, leasing, or otherwise transferring your right to use the Platform, or Content;
(4) using, displaying, or distributing any of the Content on your personal website, blog, social network or any other medium of publication, whether print or electronic.
We may terminate your access to the Platform if you are in breach of any of our intellectual property rights.
PLATFORM WARRANTIES AND DISCLAIMERS
We provide the Platform on an “as is” and “as available” basis. You use the Platform at your own risk. We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties
(1) that the Platform will be permitted in your jurisdiction;
(2) that the Platform will be uninterrupted or errorfree;
(3) concerning any content submitted by any member;
(4) concerning any third party’s use of content that you submit;
(5) that the Platform will meet your personal or professional needs;
(6) that we will continue to support any particular feature of the Platform;
(7) concerning sites and resources outside of the Platform, even if linked to
or from the Platform.
You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (1) arise from your activities on or associated with your use of the Platform; (2) assert a violation by you of any term of this Agreement; or (3) assert that any content you submitted to the Platform violates any law or infringes any third party right, including any intellectual property or privacy right.
LIMITATION OF LIABILITY
We will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from on in connection with any use of the Platform and/or any website with which they are linked, and/or any content, information, products or services accessible through the Platform, even if we have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of us to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to use the Platform.
These Terms constitute the entire agreement and understanding between you and us. These Terms and the relationship between you and us will be governed by and construed in accordance with the UAE laws, without regard to its conflict of law’s provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts in the UAE and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision will be deemed severed herefrom and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer, or sub-license any rights granted by these Terms without our prior express written consent. We may assign these Terms to any third party whom we choose without your consent. No waiver by us or any breach of default hereunder will be deemed a waiver of any preceding or subsequent breach or default.
If a secondary party may have access to or view the Platform content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.
Restore Fitness reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you choose to deactivate your account, your data will no longer be accessible. We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any account for any reason.