Terms & Conditions

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING EXERCISE TIMER.

Introduction

These Terms and Conditions contained herein on this webpage, shall govern your use of Exercise Timer, including all pages within this website and the Exercise Timer App (collectively referred to herein below as this “App”). These Terms apply in full force and effect to your use of Exercise Timer and by using the App, you expressly accept all terms and conditions contained herein in full. You must not use Exercise Timer, if you have any objection to any of these Terms and Conditions.
Disclaimer
Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. Exercise Timer neither substitutes your doctor, nor is Exercise Timer responsible for your behavior. The contents of the Exercise Timer Products, regardless whether they are provided by Exercise Timer, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By using the App, you confirm that you are solely responsible for your health.

Proprietary Rights

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.

Restrictions

You are expressly and emphatically restricted from all of the following:

  1. selling, sublicensing and/or otherwise commercializing any Exercise Timer material;
  2. using Exercise Timer in any way that is, or may be, damaging to Exercise Timer;
  3. using Exercise Timer in any way that impacts user access to Exercise Timer;
  4. using Exercise Timer contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to Exercise Timer, or to any person or business entity;
  5. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Exercise Timer, or while using Exercise Timer;
  6. reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of any Exercise Timer Technology;
  7. provide use of the Exercise Timer Technology on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Exercise Timer Technology or "frame" or "mirror" the Exercise Timer Technology on any other server, or wireless or Internet-based device;
  8. use any Exercise Timer Technology (including to create any Application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Exercise Timer or any third party;
  9. Avoiding payment of charges or fees payable by you with respect to the Services;
  10. Committing any act that may be harmful to minors;

Terms and Conditions for Premium Members

Payment

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.

Fees

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.

No warranties

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.

Limitation of liability

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.

Indemnification

You agree to indemnify, defend, and hold harmless Exercise Timer, its affiliates, officers, directors, employees, agents, licensors and suppliers (the Exercise Timer Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Exercise Timer Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the App.

Severability

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 and Termination

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.

Variation of Terms

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.

Waiver and Complete Agreement

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.

Assignment

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.

Governing Law & Jurisdiction

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.