Revised June 20, 2012
The Services are not intended for and are not designed for children under 13 years of age. If you are 13 or older but under the age of 18, then you agree to review the agreement with your parent(s) or guardian(s) to ensure that both you and your parent(s) or guardian(s) understand and consent to the agreement and that the user and his or her parent(s) or guardian(s) review and accept the agreement on the user’s behalf through the MapMyFitness registration process. If the reader of the agreement is a parent or guardian entering this agreement for the benefit of a child over 14, then he or she agrees and accepts full responsibility for his or her child’s use of MapMyFitness and the services, including all financial charges and legal liability that such child may incur.
MAPMYFITNESS RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES OR ANY PORTION THEREOF WITH OR WITHOUT NOTICE. YOU AGREE THAT MAPMYFITNESS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES OR ANY PORTION THEREOF.
If you do not agree with the Terms, please do not use the Services. BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
BY USING MAPMYFITNESS OR THE SERVICES, YOU THEREFORE AGREE, REPRESENTS AND WARRANT THAT:
YOU HAVE RECEIVED CONSENT FROM YOUR PHYSICIAN TO PARTICIPATE IN HEALTH AND FITNESS PROGRAMS, WORKOUTS, EXERCISES, OR ANY OTHER RELATED ACTIVITIES PROVIDED BY MAPMYFITNESS.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT MAPMYFITNESS HAS OFFERED THE SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS. YOU ALSO ACKNOWLEDGE AND AGREE THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MAPMYFITNESS, AND THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MAPMYFITNESS. MAPMYFITNESS WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY.
3. ADDITIONAL POSTED GUIDELINES
MapMyFitness may require you to agree to additional rules, policies, guidelines or other conditions (collectively “Guidelines”) in order to use particular features, to participate in certain promotions available through MapMyFitness, or to receive and/or use some Services that MapMyFitness may offer from time to time. In such cases, you may be required to expressly consent to additional terms set forth in applicable Guidelines—for instance, you might be obligated to check a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the Terms, the terms of the click-through agreement will supplement or amend the Terms, but only with respect to the matters governed by the click-through agreement.
4. MODIFICATION OF THE TERMS AND CONDITIONS OF USE
5. OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned and operated by MapMyFitness. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any) and any MapMyFitness Content (as that term is defined below) offered as part of the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by MapMyFitness or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or any Content offered as part of the Services (other than User Content as that term is defined below), in whole or in part.
MapMyFitness grants you a personal, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interface that is provided by MapMyFitness for use in accessing the Services.
The terms MapMyFitness, MapMyRun, MapMyRide, MapMyWalk, MapMyTri, MapMyHike, and MapMyMountain along with the associated logos and names of the specific Services are the exclusive trademarks of, and are owned by MapMyFitness, and you may not use or display such trademarks in any manner without MapMyFitness’s prior written permission. Any third party trademarks or service marks displayed via the Services are the property of their respective owners. MapMyFitness reserves all rights not expressly granted hereunder. .
6. ACCOUNT INFORMATION
To use the Services, you must create a MapMyFitness account (“Account”). You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Account creation/registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that MapMyFitness may use your User Data to provide the Services. If you provide any information that is inaccurate or not current, or MapMyFitness has reasonable grounds to suspect that such information is inaccurate or not current, MapMyFitness has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of any applicable jurisdiction.
When you create an Account, you will be asked to provide a password. Because you will be responsible for all activities that generate from your Account, and you can only access your account upon the transmission of your password, you should keep your password strictly confidential at all times. We endeavor to use reasonable security measures to protect against unauthorized access to your Account. We cannot, however, guarantee absolute security of your Account, your User Content or the personal information or location information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify MapMyFitness of any unauthorized use or your Account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to MapMyFitness. MapMyFitness reserves the right to suspend your Account and/or require that you alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR MAPMYFITNESS ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
8. PAYMENT TERMS AND CANCELATIONS
You agree to pay any fees due for and incurred by your use of any Services that require payment such as Premium Memberships (“Paid Services”). If you choose to use Paid Services, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by MapMyFitness) (“Payment Method”). You may switch to a different Payment Method or update your information by visiting the “Account Settings” page. You agree to pay all fees and other charges incurred in connection with your Account. MapMyFitness will administer and apply payments you transmit for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, MapMyFitness reserves the right to terminate your access to a Paid Service on account of your nonpayment of associated charges.
If you want to discontinue a Paid Service, then you must cancel that Paid Service per applicable cancellation procedures. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided by MapMyFitness upon cancellation. .
You may elect to pay Premium Membership fees on a monthly or annual basis. All such Premium Membership fees are payable in advance. Premium Membership fees will be billed automatically to the Payment Method at the start of the monthly or annual period, as applicable, and will auto-renew until your Premium Membership is terminated. The renewal Premium Membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize MapMyFitness to charge your Payment Method for the appropriate Premium Membership charges and fees and for any other purchases you elect to make via the Services. MapMyFitness reserves the right to increase Premium Membership fees or to institute new fees at any time upon reasonable notice posted in advance on Websites.
ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF PAID SERVICES.
Certain third parties and advertisers with whom MapMyFitness maintains a commercial relationship may market or sell their own promotions and services on (or through) the Services (“Third Party Service Providers”). To participate in some of those promotions or obtain some of those services, you may be required to make payment for the specific service or promotion to a Third Party Service Provider that markets or sells that specific service or promotion. MapMyFitness is not responsible for the administration or application of any payments required by any such Third Party Provider for any such select services or promotions. MapMyFitness is not responsible for the performance or nonperformance of any Third Party Service Provider. You are in no way obligated to use or transact business with any particular Third Party Service Provider. YOU AGREE THAT MAPMYFITNESS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE ON THE SITE.
9. MAPMYFITNESS USAGE RULES
Prohibited Conduct & Uses
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT, AND WARRANT THAT YOU WILL NOT:
10. USAGE & REFUSAL OR SUSPENSION OF SERVICE
MAPMYFITNESS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY ACCOUNTS OR WEB OR MOBILE BASED ACTIVITIES RELATED TO THE SERVICES (INCLUDING INVITING A FELLOW USER INTO A NETWORK OF FRIENDS), AS WELL AS ANY USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While MapMyFitness may recommend the equipment or materials of certain third party suppliers, MapMyFitness shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
You acknowledge, consent and agree that MapMyFitness may access, preserve and disclose your User Data, Payment Method information and other User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of MapMyFitness, its users and the public. Subject to the foregoing, MapMyFitness will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
11. THIRD PARTY CONTENT
Certain content displayed on or linked to Websites and Mobile Applications—namely, third party websites and news headlines (collectively “Third Party Content”)—is developed by individuals or merchants over whom MapMyFitness exercises no direct control. MapMyFitness does not endorse any Third Party Content, or the information, material, products, or services associated with Third Party Content. Furthermore, some Users may find some Third Party Content to be objectionable, inappropriate, or offensive. MapMyFitness therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any Third Party Content. In addition, your contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any Third Party Content exist solely and operate independently as between you and such individuals or merchants. You therefore agree that MapMyFitness shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such Third Party Content.
12. USER CONTENT
By uploading, posting, emailing, transmitting, or otherwise making available User Content via the Services You expressly warrant:
Prohibited User Content
A User may not post User Content on MapMyFitness.com that:
Disclosure of User Content
Posting User Content inherently poses the risk of unintended disclosure and access by third parties to said User Content. MapMyFitness will make reasonable efforts to prevent User Content from disclosure that exceeds your Account Settings, but MapMyFitness cannot guarantee that Account Settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and MapMyFitness will not be liable for such chance disclosures.
Deletion of User Content
Upon a your termination of his or her account, he or she may request that MapMyFitness completely “purge” the your Account, including the deletion of any and all User Content previously you previously submitted. MapMyFitness will undertake commercially reasonable efforts to ensure that your Account and MapMyFitness is completely purged of your User Content, subject to the limitation that MapMyFitness may not be able to fully delete all of your User Content, specifically any User Content posted in MapMyFitness forums, community groups, or on other User pages. MapMyFitness therefore directs that you exercise good judgment when you post User Content. In addition, MapMyFitness cannot wholly purge health index related User Content upon the deletion of a User Account. We will, however, make that information anonymous upon the termination of a User account.
Ownership Rights In User Content
MapMyFitness does not claim ownership of User Content. However, with respect to User Content you submit or make available in connection with MapMyFitness or Services (other than User Data or Payment Method information), you grant MapMyFitness a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, copy, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display, incorporate, and otherwise exploit such User Content for any purpose, commercial, advertising, or otherwise, or in connection with MapMyFitness or the Services or the promotion thereof. Further, you agree that any “moral rights” in your User Content have been waived. Should MapMyFitness, however, seek to make use of certain User Content—for instance, a User’s image—for explicit commercial or advertising purposes, MapMyFitness will make a reasonable effort to secure consent from that User for that specific purpose.
MapMyFitness may provide you with the option of making certain User Content that you submit to MapMyFitness as “Private” or available only to select Users of the Services. If, upon submission of User Content, you initially elect to mark such User Content as Private or available for a limited group of Users, MapMyFitness will maintain the privacy of such User Content in accordance with your election. However, if you do not elect to mark your User Content as Private or available for a limited group of users, or later change such designation to allow such User Content to be made generally available, MapMyFitness cannot and does not guarantee the privacy of such User Content.
MapMyFitness Review Of User Content
You acknowledge that MapMyFitness may or may not pre-screen or monitor User Content, but that MapMyFitness and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any User Content that is available via the Services. By consenting to the Terms, you understand and acknowledge that when you access or otherwise use MapMyFitness or select Services, you may be exposed to User Content from a variety of sources, and that MapMyFitness is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Further, you must understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against MapMyFitness with respect thereto. Without limiting the foregoing, MapMyFitness and its designees shall have the right to remove any User Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such User Content.
13. MIXED-USE GUIDELINES
MapMyFitness and its Services, with the exception of the MapMyFitness Map Widget, MapMyFitness Partner Tool Widget, and our Application Programming Interface are made available for your personal, non-commercial use only.
You may not employ MapMyFitness or its Services (other than those Services designed specifically for commercial use) to sell a product or service, or to increase traffic to your own website or a third party web site for commercial reasons, such as advertising sales. You may not take the results from a MapMyFitness search and reformat and display them, or mirror the Website home pages or results pages on your website. Moreover, you may not “meta-search” MapMyFitness.
If you seek to make commercial use of MapMyFitness and the Services other than the MapMyFitness Map Widget, MapMyFitness Partner Tool Widget, or our Application Programming Interface, you must enter into an agreement with MapMyFitness to do so in advance. Please contact us at support.mapmyfitness.com for more information.
If you are interested in employing the MapMyFitness Map Widget, MapMyFitness Partner Tool Widget, or our Application Programming Interface in connection with your commercial website, you must notify MapMyFitness with the URL where the tool will be located. By employing any of the above, you acknowledge and agree to the Terms and any additional terms and conditions applicable to the MapMyFitness Map Widget, MapMyFitness Partner Tool Widget, and our Application Programming Interface.
14. MAPMYFITNESS CONTENT
MapMyFitness, and the Services contain trademarks, trade names, trade dress, service marks, copyrighted material concerning health and fitness, and other health and fitness related content, materials, and information owned by MapMyFitness and others (collectively “MapMyFitness Content”).
Ownership Of MapMyFitness Content
MapMyFitness is the sole owner of all MapMyFitness Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. You may not download, copy, or save any MapMyFitness Content or any portion of it, for any purpose, except as permitted by select Services (e.g., printed maps) as provided for in the specific Guidelines applicable to those Services), and in the limited cases where you need to print a copy of individual screens appearing as part of MapMyFitness solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms or applicable Guidelines, a you may not modify, copy, publish, display, transmit, adapt or in any way exploit the MapMyFitness Content without the prior written permission of MapMyFitness.
Content Is Not Medical Advice
MAPMYFITNESS CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, YOU SHOULD CONTACT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY AND IN ADVANCE OF YOUR USE OF MAPMYFITNESS AND THE SERVICES.
ANY MAPMYFITNESS CONTENT, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY MAPMYFITNESS OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, (B) A VISIT, CALL OR CONSULTATION WITH A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY MAPMYFITNESS CONTENT AND YOU SHOULD NOT EMPLOY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF MAPMYFITNESS CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN MAPMYFITNESS AND A USER.
15. NO AUTOMATED QUERYING OF ROUTE OR USER INFO
You may not send automated queries of any sort to MapMyFitness’s systems and networks without express permission in advance from MapMyFitness. “Sending automated queries” includes, among other things:
16. MOBILE APPLICATIONS
To use or otherwise access the Mobile Applications, you must have a mobile device that is compatible with MapMyFitness and the Mobile Applications. MapMyFitness does not warrant that the Mobile Applications will be compatible with your mobile device.
MapMyFitness does not charge for use of some basic Mobile Applications; however, you may be obligated to pay some fees for use of certain premium Mobile Applications. Further, a wireless carrier’s normal messaging, data and other rates and fees will still apply. You should therefore check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using the Mobile Applications may be prohibited or restricted by your carrier, and not all Mobile Applications may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Applications are available for your mobile device, and what restrictions, if any, may be applicable to your use of the Mobile Applications.
By using the Mobile Applications, you agree that MapMyFitness may communicate with you regarding MapMyFitness and the Services by SMS, MMS, text message or other electronic means directed to your mobile device and that certain information about your usage of the Mobile Applications may be communicated to MapMyFitness. In the event your change or deactivate your mobile device telephone number, you agree to promptly update your MapMyFitness Account information to ensure that messages are not sent to the person that acquires said User’s old number.
User End Licenses
MapMyFitness hereby grants you a non-exclusive, non-transferable, revocable license to use the Mobile Applications as follows:
You may not:
You acknowledge and agree that MapMyFitness may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you employ on your mobile device. You expressly consent to such automatic upgrading on your mobile device, and agree that the Terms (and any additional modifications of the same) will apply to all such upgrades. With respect to any open source or third-party code that may be incorporated in the Mobile Applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Mobile Applications or any copy thereof and MapMyFitness or its third party partners or suppliers retain all rights, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Terms is void.
The Services may provide, or third parties may provide, links to other websites or resources. Because MapMyFitness has no control over such websites and resources, you acknowledge and agree that MapMyFitness is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
18. INTERACTIONS WITH SITE USERS
Some of the Services function as a venue to connect members in a virtual information place. As a neutral facilitator, MapMyFitness is not directly involved in the actual transactions between users. As a result, MapMyFitness has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Services. MapMyFitness shall have no responsibility to confirm the identity of users. MapMyFitness shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Services. You shall at all time exercise common sense and good judgment when dealing with any user of the Services. You are solely responsible for your involvement with other Users. MapMyFitness reserves the right, but has no obligation, to monitor disagreements between any Users.
If you elect to use certain Services for informing a friend about MapMyFitness, MapMyFitness will require you to provide your friend’s contact information and/or email address. MapMyFitness will automatically send that friend a one-time email. MapMyFitness may store the information you provide for a period of time, provided that MapMyFitness will use such information only to identify if your friend is or later becomes a user of MapMyFitness. You represent that you are authorized to provide any third party email address or other information that you provide to MapMyFitness.
19. ELECTRONIC COMMUNICATIONS
The Services may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or MapMyFitness. You agree to use communication methods available via the Services only to send communications and materials related to the subject matter for which MapMyFitness provided the communication method, and you further agree that all such communications by you shall be deemed your User Content and shall be subject to and governed by the Terms. By using any of the communications methods available via the Services, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by MapMyFitness (unless expressly stated otherwise by MapMyFitness) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by MapMyFitness in any manner, though MapMyFitness reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
20. CLAIMS OF COPYRIGHT INFRINGEMENT
If you have reason to believe any part of the User Content or MapMyFitness Content infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to the Services by any user who is alleged to have posted infringing materials or a link to infringing materials via the Services and to immediately remove or disable the allegedly infringing materials or link.
If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted via the Services links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must comply with the Digital Millennium Copyright Act (“DMCA”), be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:
c/o MapMyFitness, Inc.
610 West 5th Street
Austin, TX 78701
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We welcome your comments, feedback, suggestions, and other communications regarding the Services (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to MapMyFitness a worldwide, non-exclusive, transferrable, assignable, sub-licenseable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not transmit any Feedback that you do not wish to license to us as set forth above.
22. DISCLAIMER OF WARRANTIES AND LIABILITY
THE SERVICES, INCLUDING THE MOBILE APPLICATIONS, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MAPMYFITNESS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MAPMYFITNESS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION MAPMYFITNESS’S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
MAPMYFITNESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.
MAPMYFITNESS AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MAPMYFITNESS’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MAPMYFITNESS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, MAPMYFITNESS, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MAPMYFITNESS’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MAPMYFITNESS OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
MapMyFitness requires that a user consults with his or her physician before he or she uses MapMyFitness or the Services, undertakes to follow any health and fitness instructions he or she receives via MapMyFitness or the Services, or participates in any event announced by MapMyFitness. MapMyFitness is not a licensed medical care provider and represents that it 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. MapMyFitness is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.
YOU EXPRESSLY AGREE THAT MAPMYFITNESS IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. ALL CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE THE SITE OR ANY CONTENT ON THE SITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND MAPMYFITNESS.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE USER CONTENT YOU POST OR SEEK TO POST ON THE SITE (INCLUDING BUT NOT LIMITED TO RUNNING, WALKING, CYCLING, HIKING, TRIATHLON) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF MAPMYFITNESS OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT MAPMYFITNESS DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP ATHLETIC ACTIVITY OR EVENT THAT UTILIZES THE SERVICES.
YOU EXPRESSLY AGREE TO RELEASE MAPMYFITNESS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY MAPMYFITNESS WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MAPMYFITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MapMyFitness further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with, or by the Services, any search results generated by or through the Services, or displayed and/or presented through the Services.
MapMyFitness also disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any and all information or material, including MapMyFitness Content and User Content.
YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA MAPMYFITNESS OR THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. MAPMYFITNESS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM TO YOU THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH MAPMYFITNESS OR THE SERVICES. .
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold MapMyFitness and its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out: (a) the User Content you submit, post, transmit or otherwise seek to make available through the Services; (b) your use of the Services, (c) your athletic activities which generate the User Content you post or seek to post via the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, or other events which MapMyFitness sponsors, organizes, participates in, or whose Services is used in connection with), (d) your connection to the Services, (e) your violation of the Terms, (f) your use or misuse of any User’s personal information and location information, (g)) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another User in-person or to locate and attend any offline place or event. MapMyFitness reserves the right, at a given User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify MapMyFitness, and said User agrees to cooperate with MapMyFitness’s defense of these claims.
24. LIMITATION OF LIABILITY AND DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL MAPMYFITNESS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION MAPMYFITNESS’S THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER’S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) YOUR ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH MAPMYFITNESS OR ANY OTHER USER OF THE SERVICES, EVEN IF MAPMYFITNESS OR A MAPMYFITNESS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON MAPMYFITNESS OR THE SERVICES, OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY MAPMYFITNESS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON MAPMYFITNESS OR THE SERVIES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY MAPMYFITNESS OR THE SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF MAPMYFITNESS OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO MAPMYFITNESS OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall MapMyFitness be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IN NO EVENT SHALL MAPMYFITNESS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING WITHOUT LIMITATION MAPMYFITNESS’S THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR EMPLOYMENT OF THE SERVICES WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU, HOWEVER, AGREE THAT MAPMYFITNESS’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree that MapMyFitness may, under certain 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 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 (x) removal of access to all offerings within the Services, (y) deletion of your information, files and User Content associated with or inside your Account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in MapMyFitness’s sole discretion and that MapMyFitness shall not be liable to you or any third party for any termination of your Account or access to the Site.
26. APPLICABLE LAWS
The Services are controlled by MapMyFitness from its offices within the United States of America. MapMyFitness makes no representation that User Content or MapMyFitness Content or the Services are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the MapMyFitness Content or User Content in violation of U.S. export laws and regulations. Any action related to MapMyFitness, the Services, MapMyFitness Content, User Content, or the Terms shall be governed by Texas law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Travis County, Texas for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 5, 14, 22, 23,24, 26 shall survive termination of your account and/or the Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between you and MapMyFitness as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and MapMyFitness with respect to your use of the Services. The failure of MapMyFitness to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of MapMyFitness. MapMyFitness has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. MapMyFitness’s notice to you via email, regular mail or notices or links displayed in connection with the Services shall constitute acceptable notice to you under the Terms. Notice will be deemed received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services then it shall be deemed received twenty-four hours after it is first displayed.
MapMyFitness will provide account support (“Support”) to a User via the following methods: