Attention: Not all workout routine, exercises and/or activities are suitable for everyone. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert. The instructions and advice presented are in no way intended as a substitute for medical or psychological counseling.
By using the PersFit application or PersFit.com, owned and operated by PersFit Inc., you are subject to certain terms and conditions as set forth below. By using PersFit application or PersFit.com for the service (“Service”), you are agreeing to be bound by the following terms and conditions. Any new features or tools which are added to the current Service shall be also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time by visiting this web page. PersFit Inc. reserves the right to update and change the Terms of Use by posting updates and changes to the PersFit.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

WAIVER AND RELEASE OF LIABILITY

By logging on or downloading PersFit application, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless PersFit Inc., it's officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the PersFit.com website and any other PersFit service. You agree that neither PersFit Inc., or its officers, directors, shareholders and employees, shall have any liability to you under any theory of liability or indemnity in connection with your use of PersFit.com or PersFit application. You hereby release and forever waive any and all claims you may have against PersFit Inc, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of PersFit.com or PersFit application. The total liability of PersFit Inc, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of PersFit.com are hereby excluded even if PersFit Inc. or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law. PersFit Inc. makes no representations or warranties as to the conduct of trainers or their compatibility with any current or future Members. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site. You agree to take reasonable precautions in all interactions with Trainers and other Members, particularly if you decide to meet offline or in person.

GENERAL CONDITIONS

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
PersFit Inc. does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that you are solely responsible for (and that PersFit has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which PersFit may suffer) by doing so.
Message boards on the PersFit.com website will contain information that can be posted and viewed by anyone on the internet. PersFit Inc. does not endorse any information posted on the message boards. PersFit is not responsible for the information posted on the boards or for editing any factual errors or making any type of corrections to information presented on the message boards. Any action taken by a viewer of the boards based on information presented on the boards is at your own risk and could be dangerous or life-threatening. PersFit will not review all communications or materials posted on its on-line forums, private, and instant messaging systems, and is not responsible in any manner for the content of posted communications or materials. You may not post or transmit any communications or materials, and PersFit has the right to block or delete any communications or materials, on PersFit’s message boards or private messaging systems that may: (i) be libelous, defamatory, indecent, obscene, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, deceptive, or misleading, or constitute stalking, or disclose private or personal information about another person; (ii) violate the privacy or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information; (iii) interfere with the viewing or use by others of PersFit’s on-line forums, private, or instant messaging systems, use simultaneous, unattended or continuous connections to PersFit, or post or transmit any file containing any viruses or any contaminating or destructive code or features; (iv) constitute requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users of the on-line forums, private, and instant messaging systems of PersFit; or (v) be deemed unacceptable for any reason by PersFit. PersFit may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications or materials in its message boards or private messaging systems. Posts submitted to the PersFit Message Boards are not considered confidential. These posts may be used by PersFit for any purpose without requiring permission from the originator
For information about PersFit’s data protection practices, please read PersFit’s privacy policy at Privacy Policy. This policy explains how PersFit treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with PersFit’s privacy policies.We reserve the right to refuse service to anyone for any reason at any time.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, PersFit DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UNITERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PersFit OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
PersFit FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENMT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PersFit AND ITS LICENSORS SHALL NOT BE LAIBLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT NE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (B) MAKE CHANGES WHICH PersFit MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (D) YOUR FAILURE TO PROVIDE PersFit WITH ACCURATE INFORMATION; AND (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
The Services may include hyperlinks to other web sites or content or resources. PersFit may have no control over any web sites or resources which are provided by companies or persons other than PersFit. You acknowledge and agree that PersFit is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that PersFit is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by PersFit on the Services are subject to change without specific notice to you. In consideration for PersFit granting you access to and use of the Services, you agree that PersFit may place such advertising on the Services.
These Terms of Service, and your relationship with PersFit under these Terms of Service, shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions.

ACCOUNT TERM

You must be 18 years or older to use this Service.In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to PersFit.com will always be accurate, correct and up to date. You are responsible for keeping your password secure. PersFit Inc. cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.
You are responsible for all activity and content (data, graphics, photos, links) that is uploaded or created under your PersFit account. A breach or violation of any of the Account Terms as determined in the sole discretion of PersFit Inc. will result in an immediate termination of your services. You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by PersFit, unless you have been specifically allowed to do so in a separate agreement with PersFit. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to PersFit for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify PersFit immediately at info@PersFit.com. By making your account information public, you agree to allow others to view your content. PersFit Inc. does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service. You acknowledge and agree that if PersFit Inc. disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by PersFit Inc. Verbal or written abuse of any kind (including threats of abuse or retribution) of any PersFit customer, PersFit Inc. employee, member, or officer will result in immediate account termination. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Members found using email information in this manner will be stripped of their membership. PersFit.com is not responsible for the content of email messages sent by its members or from a third party. We assume members of PersFit.com will act responsibly and use the tools provided by PersFit.com in a law-abiding manner. If PersFit.com determines that any member is not using the system responsibly, we can and will censor, edit or block their transmissions or use of PersFit.com.You are only authorized to use this Site for your own individual use, and may not duplicate, download, publish, modify or otherwise distribute any material on PersFit.com for any purpose other than for your own individual use, unless otherwise specifically authorized by PersFit Inc. You agree not to transfer or resell your use of or access to your program to any third party.

Medical Agreement

The mobile application, PersFit, and material provided by PersFit.com are for general informational purposes only – PersFit Inc. is not a health care practitioner and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. PersFit Inc. is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Members are responsible for their own health, diet research and decisions; therefore PersFit Inc. requires that you consult with your physician or health care practitioner before dieting, making any personal health decisions, or following any training instructions you receive through PersFit.com or participating in any event announced on our site. By registering for PersFit.com, you certify that you have received consent from your physician to participate in the programs, workouts, and exercises to be provided by PersFit.com. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.
PersFit Inc. is not responsible for any health problems that may result from training programs, products, or events you learn about through PersFit .com. If you engage in any exercise program you receive through PersFit.com, you agree that you do so at your own risk, and are voluntarily participating in these activities.
PersFit tries to provide only the most helpful and accurate information, but PersFit cannot verify, endorse or vouch for the information, services or recommendations available through PersFit.com. PersFit Inc. is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through PersFit.com, or for any health problems that may result from training programs, products, or events you learn about through the site.
THE FITNESS, NUTRITION, AND RELATED INFORMATION AND RECOMMENDATIONS THE INFORMATION AND RECOMMENDATIONS PROVIDED BY PERSFIT.COM OR PersFit APPLICATION IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER. PersFit IS NOT A MEDICAL ORGANIZATION. WE ENCOURAGE AND ADVISE YOU TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE BEGINNING ANY FITNESS OR NUTRITOIN EFFORT OR PROGRAM. DO NOT START A DIET OR FITNESS ROUTINE WITH US IF YOUR HEALTH CARE PROVIDER ADVISES AGAINST IT. THIS SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS.
In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true:

• (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
• (ii) you have never felt chest pain when engaging in physical activity;
• (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month;
• (iv) you have never lost your balance because of dizziness and you have never lost consciousness;
• (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity;
• (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and
• (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of PersFit.

And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of PersFit.
PersFit Inc. reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.

COPYRIGHT

You acknowledge and agree that PersFit (or PersFit’s licensors) own all legal right, title and interest in and to the PersFit content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with PersFit, nothing in these Terms of Service gives you the right to use any of PersFit’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by PersFit, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. PersFit gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the software provided to you by PersFit as part of the Services as provided to you by PersFit (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PersFit, in the manner permitted by these Terms of Service.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by PersFit in writing.
Unless PersFit has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give PersFit a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling PersFit to display, distribute and promote the Services.
You agree that this license includes a right for PersFit to make such content available to other companies, organizations and individuals with whom PersFit has relationships for the provision of syndicated services, and to use such content in connection with the provision of those Services.
You understand that PersFit, in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit PersFit to take such actions. You confirm to PersFit that you have all the rights, power and authority to grant the above license. It is PersFit’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe that any materials on the PersFit web site infringe a copyright, please contact us.