Fitzzer Mobile Application "App" Terms and Conditions
Published on June 21st 2015.
Fitzzer Mobile Application "App" Terms and Conditions
Last Updated: June 21, 2015
Your access to, download and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the App. By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We may terminate or suspend access to our App immediately, without prior notice or liability, for any reason whatsoever,including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our App may contain links to thirdparty web sites or services that are not owned or controlled by Zenselabs, Inc. Zenselabs, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Zenselabs, Inc. 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any thirdparty web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding the App.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the App.
You acknowledge and agree that the App, software used in conjunction with the App (if any) and any Content available in the App contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Zenselabs, Inc, its officers, employees, partners and licensors make no warranty that a) App will meet your expectation or requirement b) App will be secure, error free c) any number, value, graph, text generated by the App while using or not using the App will be accurate or reliable d) any error in the app will be corrected e) will not cause damage to your device e) numbers, values, graphs, text, name, age, gender, location associated with users and their profile will be accurate.
You express your agreement that App is not providing any medical advice or fitness advice. Zenselabs, Inc, its officers, employees, partners and licensors take no liability in case any part of your body was hurt or damaged while or after using the app. All the numbers, values, advice, suggestion, graph, text, illustrations, audio, video, audio-video clips and other materials provided by App or any third party service are not for purpose of medical treatment or medical advice or medical consultation.
Using the app you expressively agree that your fitness activity, training, workout, performing of exercise which generates the content on the App you seek to record, view, analyze, post carry risk of injury to body or death. You also expressively understand all the known and unknown risks associated with these activities. Even if these activities were performed or not performed while using the App, Zenselabs, Inc, its officers, employees, partners and licensors doesn't assume responsibility for damage caused to your body or your device. You agree that even if any damage caused to your body or your device happened due to whole or a part of the action, inaction or negligence of App, Zenselabs, Inc, its officers, employees, partners and licensors will not be held responsible for it in any circumstances. In case the App is used for inspection, supervision, conduct or any challenge, group activity, event, the App and Zenselabs, Inc. will not assume any responsibility for it.
All the content generated, shared, posted, published by users of the App is responsibility of the users and Zenselabs, Inc., its officers, employees, partners and licensors will not take any responsibility or liability for it. App does not monitor or regulate content generated, shared, posted, published by users and does not take responsibility for any infringement or breaking of laws. Zenselabs, Inc., its officers, employees, partners and licensors will not take any responsibility or liability in case any emotional or physical distress is caused to human living or dead by the content of the App.
You expressively agree to release Zenselabs, Inc, its affiliates, officers, agents, representatives, employees, partners, and licensors from any and all liability connected with your fitness and/or athletic activities and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your fitness and/or athletic activities. In any case if you use or misuse the App, use or misuse the workout or challenges generated by App, third part service providers, delay or inability to use the app, you agree that in no event Zenselabs, Inc, its affiliates, officers, agents, representatives, employees, partners, and licensors will be liable. In case some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.