All contents of the Site and Services including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement belong to Exercise Timer, and/or its suppliers, affiliates, or licensors. Exercise Timer or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to Exercise Timer about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Exercise Timer.
You are expressly and emphatically restricted from all of the following:
Payment obligations are non-cancellable and fees paid are non-refundable. We reserve the right to suspend our services to you until and amounts due are paid in full.
In order to access certain functionality of the Services, you may be required to pay Premium membership fees. Exercise Timer reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Exercise Timer is provided “as is,” with all faults, and Exercise Timer makes no express or implied representations or warranties, of any kind related to Exercise Timer or the Data and materials contained on Exercise Timer. Additionally, nothing contained on Exercise Timer shall be construed as providing consult or advice to you. You expressly agree that Exercise Timer is not providing any medical advice via the services.
The content provided through the services, including photos, text, images, illustrations, audio, graphics, video clips and other material, whether provided by Exercise Timer or other users is not intended to be and should not be used instead of advice of your physician or other medical professionals. You expressly agree that your workouts and workout plans offered on the services carry certian inherent and significant risks of property damage, bodily injury or death and that you volantary assume all known and unknown risks associated with these activities even if caused in whole or part by action, inaction or negligence of Exercise Timer or by the action, inaction or negligence of others.
In no event shall Exercise Timer, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of Exercise Timer, whether such liability is under contract, tort or otherwise, and Exercise Timer, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of Exercise Timer.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Modification of Services. Exercise Timer reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Exercise Timer shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
Termination. You agree that Exercise Timer may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (a) removal of access to all offerings within the Services, (b) deletion of your information, files and Content associated with your account, and (c) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Exercise Timer's sole discretion and that Exercise Timer shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Restrictions, Proprietary Rights, Indemnification, Limitation of liability, Severability, Assignment,No warranties, Governing Law & Jurisdiction, Disclaimer.
Exercise Timer is permitted to revise these Terms at any time as it sees fit, and by using Exercise Timer you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of Exercise Timer.
The failure of Exercise Timer to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Exercise Timer shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms will be governed by and construed in accordance with the laws of the State of Malta, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Malta for the resolution of any disputes.