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Terms of Service

This document ("Terms of Service", "Agreement") describes the relationship between you ("you", "the user") and Fitogen ("Fitogen", "The Company", "we", or "us") and the terms by which you may use our web site, web plugins, mobile apps, or APIs (collectively, "the Platform" or "Platform"). By using the Platform, you agree that you have read, understood, and agree to be bound by the Terms of Service, regardless of whether or not you are a registered user of the Platform.

We reserve the right to update the Terms of Service from time to time at our sole discretion. Updated versions will be posted here. While we will attempt to notify users of any major changes to the Terms of Service elsewhere on the site,you acknowledge that "major" is a subjective term, so you are encouraged to check the Terms of Service on a regular basis to ensure you are up-to-date with our latest conditions. Your continued use of the Platform after any such updates have been made constitutes your acceptance of the updates.

If you disagree with any part of the Terms of Service, you must discontinue use of the Platform immediately. Please send any inquiries, feedback, or problems with the Terms of Service to support@fitogen.com.

Restrictions

The Platform is only intended for use by individuals who are 18 or older. If you are under 18, you must discontinue use of the Platform immediately.

If you have been previously banned from the service, you may not create any other accounts, and must discontinue use of the Platform immediately.

Disclaimer of Warranties

Your use of the Platform is at your sole risk. The Platform is provided on an "as is" and "as available" basis. To the maximum extent of any applicable law, the service is provided without warranties of any kind, whether express or implied, including but not limited to: implied warranties or merchantability, non-infringement, or fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from Fitogen or through the Platform will create any warranty not expressly stated herein. Without limiting the foregoing, Fitogen, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable, or correct; that the Platform will meet your requirements; that the Platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Platform is free of harmful components. Any content downloaded or otherwise obtained through the Platform is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that occurs.

Indemnification and Limitation of Liability

You agree that Fitogen is not liable for damages, direct or consequential, resulting from your use of the Platform, and you agree to defend, indemnify, and hold Fitogen harmless from any claims, losses, liability costs, and expenses (including but not limited to attorney's fees) arising from your violation of any third party's rights. You acknowledge that you only have a limited, non-exclusive, non-transferable license to use the Platform.

Medical Disclaimer

You should consult your physician before starting any workout or diet program, or modifying an existing one. If you experience pain or discomfort, you should discontinue your program and consult your physician.

Fitogen is not a health care practitioner and has no expertise in diagnosing, examining, or treating medical conditions of any kind. The Platform is not intended in any way to be a substitute for professional medical advice. The user is responsible for their own health, including but not limited to workouts and nutrition.

None of the statements made on the Platform have been evaluated by the FDA. None of the statements made on the Platform should be construed as medical advice, or as cures/treatments for diseases or injuries.

Copyright Infringement

Fitogen does not review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by law, including in response to a law enforcement request supported by a valid warrant or court order. You agree to waive and hold harmless Fitogen from any claims resulting from any action taken by Fitogen during or as a result of its investigations and from any actions taken as a consequence of investigations by either Fitogen or law enforcement authorities.

If you believe that any content on the Platform violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Payments and Account Authorization

You agree that Fitogen may immediately authorize your credit card or any other payment method selected by the user for any payments made with the user's login credentials (password, or any social network login already linked to your account). You are fully responsible and liable for all actions taken under your account, including but not limited to payments. Your liability for any payments/charges continues after the termination of this Agreement. All sales/payments are final and non-refundable. Payments made outside the Platform, including but not limited to Bitpay and Google Wallet, are also subject to the Terms of Service and Privacy Policy of those payment providers.

If you believe your password or authorization method (social network account used to log in to the Platform, etc) has been compromised, it is your responsibility to change your password or otherwise secure your account. If you have lost access to your account, please file a ticket on our support site or follow the links on the Platform's login feature to recover your password.

User Conduct

By using the Platform, you agree to abide by the following rules:

External Links

The Platform may contain links to third-party/external sites or email addresses. These links are provided for your convenience and do not constitute an endorsement of any of the linked content. Fitogen is not responsible for the content contained in any of the links. If you follow any links to external sites or email addresses, you do so at your own risk, and acknowledge that this Agreement does not apply to your use of such sites or email communication. You also agree to indemnify Fitogen of any and all liability arising from your use of those third-party sites or email communications.

Severability

If any right or provision within this Agreement is found by a valid court to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Agreement will remain in full effect.

Termination of the Agreement

Fitogen reserves the right, at our sole discretion, to terminate this agreement for any reason, or no reason, at any time. We may change or remove any or even all functionality of the Platform at any time without prior notice or liability. If you wish to terminate this Agreement, please file a ticket on our support site, then discontinue use of the platform.

The following sections of the Agreement shall survive the termination of the Agreement, regardless of the reason: "Disclaimer of Warranties", "Indemnification and Limitation of Liability", "Payments and Account Authorization", "Severability", "Termination of the Agreement", and "Miscellaneous".

Miscellaneous

This Agreement and any dispute or claim arising out of it, or in relation to it, shall be governed by the internal substantive laws of the State of California without respect to its conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or in relation to, this Agreement shall be instituted exclusively in California state courts or federal courts located within California.

The section headings of this agreement are provided for the user's convenience and shall not be given any legal import.

Fitogen's failure to enforce any right or provision within this Agreement does not constitute a waiver of that right or provision.

Except as expressly agreed by you and us in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral.