Before starting or changing an exercise routine, talk with your health care provider about how much and what kind of physical activity is safe for you.
Welcome to Fitspark!
Fitspark consists of the FitSpark mobile application, website located at www.fitspark.com, including subdomains, and related Content and Services (as defined below) (collectively, the “Licensed Application”). The Licensed Application may be used on any device that permits such download, including but not limited to an, iPod®, iTouch®, iPad®, iPhone®, Android® Smart Phones, and Android® Tablets (all such devices, the “Device”).
The Licensed Application is licensed to you by Fitspark Health Inc., its affiliates and any successors and assigns (“Fitspark”, “us”, “our” or “we”).
Use of the Licensed Application
The Licensed Application allows for the delivery of software, text, graphics, images, video, audio, data and other material (collectively, the “Content”), as well as other functionality and online services provided through the Licensed Application (“Services”).
Various company, product, and service names displayed on the Licensed Application (including the Content and Services) may be trademarks, service marks, trade names, trade dress or products owned by others (the “Third-Party Trademarks“) and protected in Canada and internationally. No use of any of the Third Party Trademarks may be made without the prior written authorization of Fitspark, except to identify the products or services of Fitspark.
The Licensed Application may include access to links to, and content and data from, third-party websites (“External Services“). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. Fitspark has no responsibility for the content of such External Services and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Licensed Application. In addition, the Licensed Application permits access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.
Access to the Licensed Application requires that you register an account with Fitspark (“Account”). You much be at least 18 years old to register an Account and/or use the Licensed Application.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR ANY OTHER PROPERTY INTEREST IN YOUR ACCOUNT AND FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR ACCOUNT ARE AND SHALL BE FOREVER OWNED BY AND INURE TO THE BENEFIT OF FITSPARK.
Registering an Account requires you to submit an email address and password (“Login Information”). You are solely responsible for keeping your Login Information confidential. You agree to be bound by any use of your Login Information, including purchases and whether or not you authorized use of your Login Information. If you become aware, or reasonable suspect, an unauthorized use of your Account, you must immediately change the password that is part of your Login Information. Any questions concerning the unauthorized use of your account may be emailed to Fitspark at firstname.lastname@example.org.
FitSpark may offer virtual items for sale within the Licensed Application. You agree that you have no rights to any virtual item you purchase and, if your license or Account is terminated by Fitspark for any reason, you will lose any and all virtual items you purchased. You are not entitled to a refund once you purchase a virtual item. You agree that such virtual items cannot be resold online or in the real world.
Scope of License
You understand and agree that the Licensed Application is licensed, not sold, to you for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. We reserve all rights not expressly granted to you. This license is limited to a non-transferable license to use the Licensed Application on a Device that you own or control. This license does not allow you to use the Licensed Application on a Device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple Devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any Updates, or any part thereof. You acknowledge that we have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Consent to Use of Data
Disclaimer Regarding Health and Medical Information
THE LICENSED APPLICATION IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE. THE LICENSED APPLICATION IS PROVIDED FOR PERSONAL EDUCATIONAL, INFORMATIONAL AND CONVENIENCE PURPOSES ONLY AND IS NOT TO BE USED FOR THE DIRECTION OF CARE OF INDIVIDUAL PATIENTS. THE LICENSED APPLICATION IS GENERAL IN NATURE AND IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR A MEDICAL EXAM OR PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, HEALTH COUNSELING OR MEDICAL OPINION FOR USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION. NEVER DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED IN THE LICENSED APPLICATION. WE AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT OR SERVICE PROVIDERS, OR SPONSORS, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS OF EACH, (COLLECTIVELY, “RELATED PARTIES”) WILL NOT BE LIABLE FOR, AND YOU WAIVE ANY CLAIM FOR, ANY PERSONAL INJURY, DAMAGE, AND/OR LIABILITY ARISING OUT OF YOUR USE OF OR YOUR RELIANCE ON THE LICENSED APPLICATION. RELIANCE ON ANY INFORMATION PROVIDED IN THE LICENSED APPLICATION IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION.
You are solely responsible and liable for: (a) the selection of the Licensed Application to achieve your intended results; (b) obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage all equipment (including Devices) and services necessary for the installation and use of the Licensed Application and all Content used in association with the Licensed Application; (c) providing a safe and suitable location and environment for the installation and use of the Licensed Application; (d) the use, installation, implementation and operation of the Licensed Application and the results obtained therefrom; (e) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (f) maintaining complete and current backup and archival copies of all data contained on your Device prior to installing or while using the Licensed Application.
Canadian and foreign export control laws regulate the export and re-export of technology originating in Canada and such foreign countries. You agree to abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, the Licensed Application and/or any Content in connection therewith from any countries or foreign nations in violation of such laws or regulations.
Modifications or Suspension
We reserve the right at any time and from time to time to interrupt, suspend, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Licensed Application (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 interruption, restriction, modification, suspension or discontinuance of the Licensed Application.
Disclaimer of Warranties
FITSPARK AND RELATED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR ASSURANCES ABOUT THE LICENSED APPLICATION (INCLUDING THE CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, AUTHENTICITY, TIMELINESS, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR DATA CONTAINED OR DISPLAYED IN THE LICENSED APPLICATION.
NEITHER WE NOR OUR AFFILIATES, PARTNERS OR SPONSORS ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE TRUTH, ACCURACY, AUTHENTICITY, AVAILABILITY OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE LICENSED APPLICATION OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO ACCURACY, RELIABILITY, COMPLETENESS, AUTHENTICITY, TIMELINESS, AVAILABILITY OR RELIABILITY OF THE LICENSED APPLICATION IS WITH YOU.
THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FITSPARK AND RELATED PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THE FUNCTIONS CONTAINED THEREIN, OR CONTENT OR SERVICES PERFORMED OR PROVIDED THEREBY, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED, AVAILABLE OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR RELATED PARTIES SHALL CREATE A WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, FITSPARK AND RELATED PARTIES FURTHER DISCLAIM ANY WARRANTIES THAT THE LICENSED APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE LICENSED APPLICATION IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE LICENSED APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. SHOULD THE LICENSED APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FITSPARK OR RELATED PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF, RESULTING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FITSPARK’S OR RELATED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR USING THE LICENSED APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law; Miscellaneous