FitnessOnDemand™ Mobile Delivery - Terms of Service
Effective Date: June 27, 2024
PLEASE READ THIS DOCUMENT CAREFULLY. FitnessOnDemand Mobile Delivery is an online fitness service provided by Fitness On Demand, LLC (“FitnessOnDemand,” “we,” or “us”) located at fodvirtual.com (the “FitnessOnDemand Site” or “Site”) with related mobile applications and desktop applications and websites (collectively, the “FitnessOnDemand Service” or “Service”). By registering as a member or by using the FitnessOnDemand Service in any way, you accept these Terms of Service (“Agreement” or “Terms of Service”), which forms a binding agreement between you and FitnessOnDemand. You should also read and understand the FitnessOnDemand Privacy Policy, which is incorporated by reference into this Agreement and is available on the FitnessOnDemand Site.
Please contact us with any questions regarding this Agreement.
Your Acceptance of These Terms of Service
Prior to using the FitnessOnDemand Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the FitnessOnDemand Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, COMMUNITY GUIDELINES WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE FITNESSONDEMAND SERVICE.
When using the FitnessOnDemand Service, you will be subject to Fitness On Demand’s Community Guidelines and additional guidelines or rules that are posted on the FitnessOnDemand Service, made available to you, or disclosed to you in connection with specific services and features. All such terms and Community Guidelines are incorporated into these Terms of Service by reference.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Questions Concerning These Terms of Service
If you have any questions about this Site or these Terms of Service, please contact us by e-mail at [email protected] or by mail at 2411 Galpin Court, Suite 110, Chanhassen, MN 55317.
These Terms of Service May Change
We reserve the right to update or modify these Terms of Service at any time, without prior notice, by posting the revised version of these Terms of Service behind the link marked “Terms of Service” at the bottom of each page of this Site. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service.
Whenever these Terms of Service are changed, we will update the “effective date” at the top of this page. Be sure you check the effective date to see if these Terms of Service have been revised since your last visit.
You may access the current version of these Terms of Service at any time by clicking on the link marked “Terms of Service” at the bottom of each page of this Site.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Service, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site or the Service, please carefully review our Privacy Policy. All personal information provided to us through this Site and in connection with the FitnessOnDemand Service will be handled in accordance with our Privacy Policy.
Age Requirements for Use of the Service
By accessing and using the Service, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Service is not available to users under the age of 18 and are void where prohibited by applicable law.
Children
Due to the nature of the Internet, we cannot prohibit minors from visiting the Site or using the Service. However, the Site 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 Site or the Service. (See our Privacy Policy available on the Site for additional information about Children’s Online Privacy Protection Policy.)
HEALTH WARNING AND LIABILITY DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE: (A) A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, (B) IF YOU HAVE EVER EXPERIENCED CHEST PAIN OR OTHER DISCOMFORT WHEN EXERCISING, OR (C) IF YOU SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE FITNESSONDEMAND SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE FITNESSONDEMAND SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE FITNESSONDEMAND SITE OR AVAILABLE THROUGH THE FITNESSONDEMAND SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE FITNESSONDEMAND SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE FITNESSONDEMAND SITE IS CONTINUALLY UNDER DEVELOPMENT AND FITNESSONDEMAND MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE FITNESSONDEMAND SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
FITNESSONDEMAND SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE FITNESSONDEMAND SERVICE.
HIPPA
FitnessOnDemand is not a provider of healthcare services and does not provide services that would make it subject to the Health Insurance Portability and Accountability Act (“HIPAA”). You agree and acknowledge that you will not provide, or allow any other individual to provide, health-related information to FitnessOnDemand that would be subject to HIPAA.
Ownership of this Site and its Content
This Site, including all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including without limitation content submitted by users of this Site (collectively “Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of FitnessOnDemand or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
In addition, you may not collect personal information of Site members by electronic or other means for use in marketing or telemarketing applications or for the purpose of sending unsolicited e-mail to those members. You may not frame any page of this Site and you may not link to any page of this Site other
than the home page without prior authorization.
Removal of Content
In general. You can request removal of content you find objectionable by e-mailing us at [email protected] or by sending a letter to 2411 Galpin Court, Suite 110, Chanhassen, MN 55317. While we do not have any obligation to remove content from this Site merely because of a removal request, we will review all such requests and will remove content that we determine should be removed, in our sole discretion and in accordance with our Terms of Service and applicable law. Please be aware, however, that if the content has already been distributed to other Web sites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the content we remove from this Site may remain on back-up servers.
Violation of copyrights. FitnessOnDemand does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify our Copyright Agent immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a profile on this Site, we may link the information we collect using these Web technologies to other information that identifies you personally.
Your statement must be addressed as follows:
- Fitness On Demand, LLC
- Attn: Copyright Agent
- 2411 Galpin Court, Suite 110
- Chanhassen, MN 55317
- [email protected]
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Trademarks
The FitnessOnDemand names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of FitnessOnDemand (the “FitnessOnDemand Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. You are not authorized to display or use the FitnessOnDemand Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the FitnessOnDemand Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. In particular, you may not use any trademark displayed on this Site as a “hot” link without the prior written approval of the trademark owner.
Your Obligations
In consideration of your use of this Site, you agree to provide true, accurate, current and complete information about yourself and to update that information as necessary.
Any account you create through this Site is personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us at [email protected]. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
User Generated Content
FitnessOnDemand may allow you to distribute streaming live and pre-recorded audio-visual fitness content (“User Generated Content”) to be distributed to other users of the FitnessOnDemand Service via our FLEX service offering. If you choose to upload User Generated Content, you must not upload any content that does not comply with this Agreement, the Community Guidelines, or applicable law. You are solely responsible for the User Generated Content, and you represent and warrant that any User Generated Content does not infringe upon any intellectual property rights of any third-party (including, without limitation, privacy rights, publicity rights, copyrights, trademark, and public performance rights), nor any proprietary rights of any third-party. You further represent and warrant that any User Generated Content you submit does not contain any viruses, spyware, or other harmful or malicious code. You agree that any User Generated Content provided by you in connection with the Site or related applications is provided on a non-proprietary and non-confidential basis. You may remove your User Generated Content from the FitnessOnDemand Service at any time by submitting a removal request to [email protected]. You must remove your User Generated Content if you no longer have the rights required by this Terms of Service. FitnessOnDemand reserves the right to remove any User Generated Content at any time for any reason with or without notice.
FitnessOnDemand does not guarantee that any unauthorized copying, use or distribution of User Generated Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that FitnessOnDemand will not be liable or any unauthorized copying, use or distribution of User Generated Content by third parties, and you release and forever waive any claims that you may have against FitnessOnDemand for any such unauthorized copying or usage of the User Generated Content. FitnessOnDemand is not liable for any statements or representations included in any User Generated Content. FitnessOnDemand does not endorse any User Generated Content, or any opinions, recommendations, advice (including but not limited to medical advice), expressed in any User Generated Content. FitnessOnDemand disclaims any and all liability in connection with User Generated Content.
You retain ownership rights to your User Generated Content. However, if you submit, transmit, display, perform, post or store User Generated Content using the FitnessOnDemand Service, we do require you to grant certain rights to FitnessOnDemand and other users of the FitnessOnDemand Service, as described below. You also consent to the monitoring or recording of any livestream content for quality purposes.
By submitting User Generated Content, you grant to FitnessOnDemand a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that User Generated Content in connection with the FitnessOnDemand Service and FitnessOnDemand’s (and its successors’ and affiliates’) business, including for the purpose of promoting and redistributing part or all of the FitnessOnDemand Service. By submitting User Generated Content, you acknowledge and agree that FitnessOnDemand shall be entitled to use or disclose such User Generated Content for any purpose, in any way without providing compensation or credit to you. In addition, to the extent that any User Generated Content contains your or any other person’s likeness or voice, you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to FitnessOnDemand a license to use such likeness or voice in any media.
You also grant each end user of the FitnessOnDemand Service a worldwide, non-exclusive, royalty-free license to access your User Generated Content through the FitnessOnDemand Service, and to use that User Generated Content only as enabled by a feature of the Service. The license granted to other users does not grant any rights or permissions for a user to make use of your User Generated Content independent of the FitnessOnDemand Service.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your User Generated Content from the FitnessOnDemand Service. You understand and agree, however, that FitnessOnDemand may retain, but not display, distribute or perform server copies of your videos that have been removed or deleted.
You agree to defend, indemnify and hold harmless FitnesOnDemand, its affiliates and their respective directors, officers, employees, and agents from any losses, liabilities, claims, expenses (including reasonable attorney’s fees) as a result of your User Generated Content violating any third-party right.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE, THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FITNESSONDEMAND, ITS PARENT COMPANIES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FITNESSONDEMAND, ITS PARENT COMPANIES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE, OR TO ANY SITES WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WHILE FITNESSONDEMAND STRIVES FOR ACCURACY, IT DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATABASE ON THIS SITE. FITNESSONDEMAND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED FITNESSONDEMAND SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, AFFILIATES, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
These Terms of Service give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Service may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Service shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Links to Other Sites
This Site may provide links to other Web sites operated by third parties. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. FitnessOnDemand shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. This Policy does not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms and policies of the owner of such Web sites.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Interpretation
As used in these Terms of Service, the term “including” means “including, but not limited to.”
Waiver
Our failure at any time to require performance of any provision of these Terms of Service or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by FitnessOnDemand of any breach of any provision of these Terms of Service or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Service.
Severability
If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
Governing Law, Jurisdiction and Venue
These Terms of Service will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Service will be venued exclusively in state or federal court in Hennepin County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Indemnity
You agree to indemnify and hold FitnessOnDemand, its parent companies, subsidiaries, and affiliates, agents, subcontractors, third party providers, and each’s respective officers, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service and/or your use of this Site in violation of these Terms of Service and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above and/or if any content that you post on or through this Site causes us to be liable to another. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to provide us with such reasonable cooperation and information as we may request.
Entire Agreement
These Terms of Service (together with our Privacy Policy and any click-through agreements on this Site) contain the entire understanding and agreement between you and FitnessOnDemand with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and FitnessOnDemand with respect to this Site and your use of this Site.
