Calliet Fitness, LLC and its affiliates, subsidiaries and parent companies (collectively, “Calliet Fitness”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, applications, content, streaming services, products, goods, equipment, services, promotions, software, technology and any other materials (collectively, “Calliet Fitness Services”) that we may provide.
The Calliet Fitness Services are not intended for anyone under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST ACCESS AND/OR USE ANY Calliet Fitness SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Supplemental terms and conditions may apply to certain Calliet Fitness Services, such as rules for a particular contest, sweepstakes, competition, or activity, terms and conditions for Calliet Fitness LIVE! Instructors, or terms that may accompany certain content, software or other materials accessible through the Calliet Fitness Services (“Supplemental Terms”). Any Supplemental Terms will be disclosed to you in connection with those other activities and will apply and govern specifically over such activities.
Please note that for Team Calliet Fitness Coaches, in the event of any direct conflict between these Terms and the Team Calliet Fitness Coach Policies and Procedures and Compensation Plan (collectively, “P&P”) to which you agreed at the time you signed up as a Team Calliet Fitness Coach, the P&P will govern and control.
2. Changes to These Terms.
3. Calliet Fitness’s Intellectual Property; Limited License to Calliet Fitness Services.
You acknowledge and agree that the Calliet Fitness Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights arising therefrom are owned by Calliet Fitness, LLC or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain Calliet Fitness Services (such as our mobile applications) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of Calliet Fitness and its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with Calliet Fitness’s ownership of the Calliet Fitness Services, and that you gain no rights, title, or interest in or to any Calliet Fitness Services, except as stated in these Terms or any executed written agreement between you and Calliet Fitness. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Calliet Fitness or any third party.
B. Limited License.
For any Calliet Fitness Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Calliet Fitness Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
C. Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREE THE Calliet Fitness, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, APPLICATIONS, HEALTH AND WELLNESS CONTENT AND ADVICE, AND NUTRITIONAL ADVICE OR INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE Calliet Fitness SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE Calliet Fitness SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY Calliet Fitness SERVICES. YOU AGREE TO USE THE Calliet Fitness SERVICES AT YOUR SOLE RISK.
Note: ALL PURCHASES ARE MADE FINAL. NO REFUNDS ON ANY OF THE TRAINING PROGRAM PURCHASE!
YOU WILL NOT HOLD Calliet Fitness OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE Calliet Fitness SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE Calliet Fitness SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH Calliet Fitness; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system or digital rights management technology used with any Calliet Fitness Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Calliet Fitness Services to a human-readable form; (iii) remove identification, copyright or other proprietary notices in or on the Calliet Fitness Services; (iv) access or use any Calliet Fitness Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Calliet Fitness Services or any part thereof, except as expressly authorized in these Terms or as part of the Calliet Fitness Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Calliet Fitness Services or connected network, or interfere with any person or entity’s use or enjoyment of any Calliet Fitness Services; (vii) access, monitor, or copy any element of the Calliet Fitness Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Calliet Fitness Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any Calliet Fitness Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Calliet Fitness Services, you represent and warrant that: (ix) your access to and use of the Calliet Fitness Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Calliet Fitness Services and our websites.
E. Third Party Services and Content.
Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Calliet Fitness Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Calliet Fitness Services. Calliet Fitness DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY Calliet Fitness SERVICE; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY as part of any Third-Party Content. UNDER NO CIRCUMSTANCES WILL Calliet Fitness BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON Third-Party CONTENT POSTED ON THE Calliet Fitness SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY in connection with the Calliet Fitness services.
F. App Providers.
If you access any Calliet Fitness Service using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of a Calliet Fitness Service to operate as intended.
When accessing any Calliet Fitness Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and Calliet Fitness, and not with the App Provider, and that we are solely responsible for any Calliet Fitness Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any Calliet Fitness Services; (iii) in the event of any failure of the Calliet Fitness Services to conform to any applicable warranty: (a) you may notify the App Provider and the App Provider will refund the purchase price for the Calliet Fitness Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Calliet Fitness Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any Calliet Fitness Services or your possession and use of the Calliet Fitness Services, including without limitation: (d) product liability claims; (e) any claim that the Calliet Fitness Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the Calliet Fitness Service or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the Calliet Fitness Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of service when using the Calliet Fitness Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
G. Mobile Networks; Texting.
When you access any Calliet Fitness Services through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all Calliet Fitness Services may work with your network provider or device.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any Calliet Fitness Services. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.