1. Notice and Modifications to the Terms. MD Fitness reserves the right, at its sole discretion, to change, modify, or otherwise alter the Site, the Services, and these Terms at any time and without prior notice. Any such changes or modifications shall become effective immediately upon posting on this Site. Please review the Terms periodically. Your continued use of the Site or Services now or following the posting of any changes or modifications shall constitute Your acceptance of the revised Terms.
2. Description of Services. Through the Site, MD Fitness provides information, tools, and features related to fitness, health, and exercise programs and videos provided by MD Fitness. These Services, and the topics covered by the Services, may be expanded in the future.
3. Use of Content on the Site. MD Fitness grants You a personal, nonexclusive, nonassignable and nontransferable license (without the right to sublicense) to access and make use of the Site for personal and noncommercial use only. Any unauthorized use of the Site terminates the permission or license granted by MD Fitness. You agree not to download (other than page caching), copy, modify, tamper with, or corrupt the Site, or any portion of it, except with MD Fitness’ prior written consent.
4. Intellectual Property. TheDoctorsWorkout.com Services and all Site software, HTML and other code, designs, text, images, photographs, illustrations, artwork, animations, graphics, audio and video material, logos, slogans, domain names, page headers, buttons, icons, or other on-screen objects, scripts, or other copyrightable elements, as well as the selection and arrangement thereof, trade names, domain names, service marks, trademarks, certification marks, and/or trade dress (the “Material”) are the property of MD Fitness and/or its affiliates, licensors, assigns, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, modify, adapt, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the prior written consent of MD Fitness. You further agree that You will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Unauthorized or prohibited use may be subject to civil liability and/or criminal prosecution under applicable federal and state laws. The Material, including any of MD Fitness’ and/or its licensors’ trademarks, service marks, certification marks, trade names, logos, slogans, domain names, and/or trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MD Fitness and/or its licensors, MD Fitness’ products or services or this Site. You may not use any meta tags or any other hidden text utilizing MD Fitness’ and/or its licensors’ trade names, domain names, trademarks, service marks, and/or certification marks without the prior written consent of MD Fitness. You may not use any MD Fitness trademark, service mark, certification mark, domain name, trade name, logo, slogan, or any proprietary graphic or other Material as part of a link on any website without prior written permission from MD Fitness.
5. Access Limits. Without MD Fitness’ prior written consent, You may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, agents, robots, spiders or scripts), or (b) frame the Site, utilize framing techniques to enclose any trademark, service mark, certification mark, trade name, logo, slogan, trade dress, or other proprietary information or Material, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that You agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site.
6. No Resale of the Site. You agree not to reproduce, duplicate, copy, create derivative works, frame, publicly display, copy or adapt HTML or other code on the Site to generate web pages, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
7. Termination and Cancellation. MD Fitness, in its sole discretion, may terminate Your use of the Site and Services and remove and discard any data from the Site, for any reason, including, without limitation, if MD Fitness believes that You have violated or acted inconsistently with the letter or spirit of these Terms. MD Fitness may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. MD Fitness shall not be liable to You or any third party for any termination of Your access to the Site or the Services.
8. Backup. MD Fitness regularly backs up the information stored on the Site and stores this information for a limited time. In the event of a loss of information or failure of the Site, MD Fitness will use reasonable efforts to restore the information to the Site. MD Fitness will have no liability for any failure to back up or restore any information on Site, or for interruptions, delay or suspension of access to or unavailability of Site, or any loss of such information, data or transmissions.
9. Dealings with Advertisers or Partners. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or partner. MD Fitness shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
10. Links. The Site may contain links to other third party Web sites or resources that are beyond MD Fitness’ control. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by MD Fitness of any information contained in any third party Web site. MD Fitness makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided and You hereby waive any claim You might have against MD Fitness, with respect to such sites. MD Fitness IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED ON SUCH SITES OR YOUR USE OF OR INABILITY TO USE SUCH SITES.
12. Suggestions and Comments. We appreciate all emails, letters and other submissions that comment on the Services and Site, or suggest improvements or provide new ideas for the Services and/or Site. Unfortunately, we are not able to compensate You for suggestions or ideas, even if we use them. You agree that be sending us a suggestion or idea, such suggestion or idea becomes the property of MD Fitness and that MD Fitness may, at its option, use the suggestion or idea (or any modification or derivative) without any obligation to You. You further acknowledge that MD Fitness may, at its option, publish any comments submitted to MD Fitness regarding the Services and/or Site.
13. No Warranty. THE SITE AND MD FITNESS’ SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MD FITNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF MD FITNESS HAS BEEN ADVISED OF SUCH PURPOSE. MD FITNESS DOES NOT WARRANT THE ACCURACY, CURRENCY, COMPLETENESS OR ADEQUACY OF ANY INFORMATION, DOCUMENTS OR OTHER CONTENT AND MATERIAL AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Without limiting the foregoing, MD Fitness does not promise or warrant that any aspect of the Site will work properly or will be available continuously. MD Fitness is not responsible for damages arising out of any infection or contamination of Your system, any delays, inaccuracies, errors, or omissions arising out or Your use of the Site or with respect to the information, technology, tools, content or Material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, currency, suitability, or validity of any material rests with You.
14. Liability Limits. IN NO EVENT SHALL MD FITNESS, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENTS, ITS SERVICES OR THIS AGREEMENT, WHETHER OR NOT MD FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, IN NO EVENT SHALL MD FITNESS, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE TO YOU IN AN AMOUNT GREATER THAN THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH CLAIM ACCRUED.
15. Indemnity. You agree to indemnify, defend and hold MD Fitness, its suppliers, parents, subsidiaries, affiliates, and their directors, officers, shareholders, members, managers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys’ fees, arising directly or indirectly out of (a) Your use of, or inability to use, the Site or the Services, or connection to the Services or the Site; (b) information transmitted or stored by You through or on the Site or the Services; (c) activities in connection therewith; or (d) the Your breach of this Agreement.
16. Governing Law. This Agreement shall be treated as though it were executed and performed in the State of New Hampshire and shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to choice of law or conflict of law principles.
17. Miscellaneous. These Terms constitute the entire agreement between You and MD Fitness with respect to the subject matter contained herein and govern Your use of TheDoctorsWorkout.com and the Services, superseding any prior agreements between You and MD Fitness. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software. The failure of TheDoctorsWorkout.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TheDoctorsWorkout.com or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in these Terms are for convenience only. You may not transfer any rights or obligations You may have under this Agreement without the prior written consent of MD Fitness. This Agreement, or any right or obligation hereunder, is freely transferable by MD Fitness.