Under Armour – Terms and Conditions of Use

Under Armour, Inc. (“Under Armour” or “UA”) recently acquired MapMyFitness, Inc. (“MapMyFitness”), and together we are bringing you the Under Armour Connected Fitness suite, which includes all current and future Under Armour and MapMyFitness branded web and mobile fitness products and services. You can connect to the full suite of Under Armour Connected Fitness products and services through a single point of sign-on—your UA Account. Additionally, you will soon be able to use your UA Account to log in to Under Armour U.S.-based shopping websites and mobile applications (“Under Armour Shopping”). Under Armour now owns all assets of MapMyFitness, including any proprietary interests as explained in these Terms and Conditions of Use (the “Terms”).


All use of any new Under Armour Connected Fitness products and services (such as the I Will What I Want mobile application or website) will be governed by these Terms. By using any new Under Armour Connected Fitness products or services or visiting Under Armour Shopping, the user acknowledges and agrees to these Terms. Upon acceptance of our Terms, any user information or content shared with MapMyFitness will also be shared with Under Armour.


Users who did not previously have a MapMyFitness account will be required to create a UA Account in order to access the Services as registered users, with limited exceptions (such as for Under Armour Shopping). Your UA Account will provide you access to existing and any future products or services that Under Armour or MapMyFitness introduce to Under Armour Connected Fitness. Collectively, except for Armour39 which is governed by separate terms of use, Under Armour Connected Fitness and Under Armour Shopping are referred to in the Terms as the “Services.”


We respect your privacy and do not sell or disclose your personal information to others for their direct marketing purposes unless you consent or as otherwise described in our Privacy Statement.


Certain data and content that you upload or post in connection with your use of certain Under Armour or MapMyFitness products and services may be seen by others.


No warranties are made by Under Armour or MapMyFitness for our Services, and we are not liable for any user activities connected with the use of Under Armour Connected Fitness.


You can delete your UA Account or other registered account at any time.


You can click here at any time if you need help with your UA Account or any of our UA Connected Fitness products or services, have questions, or want to provide feedback to us.


You can click here if you need help with Under Armour footwear, accessories, apparel or equipment or with Under Armour Shopping.


TERMS AND CONDITIONS OF USE


Revised July 31, 2014


1. INTRODUCTION AND ELIGIBILITY


Welcome to Under Armour Connected Fitness, an integrated suite of fitness related products and services, including:

Collectively, all of the above, along with Under Armour Shopping, are referred to as the “Services.”


Who are We? The Services are made available to you (individually, “you,” and collectively, “Users”) by Under Armour and MapMyFitness, a wholly owned subsidiary of Under Armour (collectively, both Under Armour and MapMyFitness may hereafter be referred to as “We,” “we,” “Our,” or “our”), subject to these Terms and Conditions of Use (the “Terms”), which may be modified from time to time without prior notice to you.


Binding Agreement. By accessing, using, or downloading any of the Services, you agree to follow and be bound by the Terms. You can review the most current version of the Terms at any time at [hyperlink].


Things May Change. We and our third party providers may make improvements and/or changes in the Services, including to the price of fees charged for the Services, at any time without prior notice.


Links and Alternate or Additional Terms or Guidelines. We may require you to agree to additional terms, rules, policies, guidelines, or other conditions (collectively, “Guidelines”) in order to use particular products, services, and/or features, to participate in certain promotions available through the Services, and/or to receive and/or use some Services that we may offer from time to time. For example, additional terms may apply to Under Armour Shopping services. 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 click on a button marked “I agree.” If any of the terms of any Guidelines are different than the Terms, the terms of the Guidelines will supplement or amend the Terms, but only with respect to the matters governed by the Guidelines. These Terms do NOT govern the use of the Armour39 mobile application or any of our non-U.S. shopping websites. You should consult those terms carefully as you visit or use those offerings.

MMF Users with No UA Account. MMF users who use the Services but do not create a UA Account expressly agree to the Terms and Privacy Statement for such Services.


Eligibility. The Services are not intended or designed for children under 13 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and now consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services.


If you are a parent or guardian agreeing to the Terms for the benefit of a child over 13, then you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for your child’s use of the Services, including all financial charges and legal liability that such child may incur in connection with the use of the Services.


The Services may include features that promote physical activity and fitness. By using the Services, you agree, represent, and warrant that you have received consent from your physician to participate in health and fitness programs, workouts, exercises, or any other related activities made available through or enhanced by the Services.


IMPORTANT: WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY AND AT ANY TIME, THE SERVICES OR ANY PORTION OF THEM WITH OR WITHOUT NOTICE. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR TO ANY THIRD PARTY IN ANY WAY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF ALL OR SOME OF THE SERVICES.


IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES. BY USING THE SERVICES, YOU CONSENT TO THE TERMS AND ALL REVISIONS FOLLOWING YOUR USE.


FURTHER, YOU ACKNOWLEDGE AND AGREE THAT WE OFFER THE SERVICES AND SET THE SERVICES’ 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 US AND THAT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.


2. PRIVACY STATEMENT
The Under Armour Privacy Statement is incorporated into and part of the Terms. Please review the Privacy Statement carefully for disclosures relating to our collection, use, and sharing of information in connection with the Services including personal and geographic location information. Click here to review our Privacy Statement.


3. MODIFICATION OF THE TERMS AND CONDITIONS OF USE
We reserve the right, at our discretion, to revise, modify, add, or remove portions of the Terms at any time. By your use of the Services, you obligate yourself to periodically check the Terms for any changes. Your continued use of the Services after the posting of any revisions or modifications to the Terms constitutes your binding acceptance of such changes.


4. PARTNER AND OTHER TERMS AND CONDITIONS
Additional and/or different terms and conditions of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to such terms and conditions before accessing, purchasing, using, or subscribing to such services or products.


5. OWNERSHIP AND PROPRIETARY RIGHTS IN THE SERVICES AND UA CONTENT
The Services are owned and operated by Under Armour and MapMyFitness. All content on the Services (except for User Content as that term is defined below), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, patents, copyrights, trademarks, trade dress, service marks, and other intellectual property (collectively, “UA Content”) is owned by Under Armour and MapMyFitness. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), and any UA Content 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 Under Armour or 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 Services’ software, or any UA Content offered as part of the Services (other than User Content as that term is defined below), in whole or in part.


Limited Personal License to You. We grant you a limited, revocable, 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, or 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 authorized interfaces. You may not download, copy, or save any UA 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 and/or additional terms applicable to those Services, and in the limited cases where you need to print a copy of individual screens appearing as part of the Services 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, you may not modify, copy, publish, display, transmit, adapt, or in any way exploit UA Content without our prior written permission.


Our Trademarks and Intellectual Property (Reservation of Rights). We own the terms Under Armour, Under Armour Connected Fitness, UA Record, I Will What I Want, MapMyFitness, MapMyRun, MapMyRide, MapMyWalk, and MapMyHike, along with the associated logos, trade dress, service marks, and names of the specific Services (collectively, the “UA Trademarks”), and they are the exclusive trademarks of Under Armour and MapMyFitness, as applicable. You may not use or display any such UA Trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed via the Services are the property of their respective owners. We reserve all rights not expressly granted hereunder.


6. ACCOUNT INFORMATION
Your UA Account provides a gateway for you to access and use Under Armour Connected Fitness. To use Under Armour Connected Fitness, you must create a UA Account. A MapMyFitness Account that existed prior to the launch of Under Armour Connected Fitness will be seamlessly transitioned to a UA Account upon the user’s acceptance of our Terms. Your UA Account will automatically provide you access and means to use any new products or services that are made available through Under Armour Connected Fitness, subject to the payment of any applicable fees. You will soon be able to use your UA Account to log in to Under Armour Shopping as well. Currently, when using the Under Armour Shopping services, you may choose to create a registered account or check out as a guest. The term “Account” in the Terms encompasses both UA Accounts and registered Under Armour Shopping accounts.


User Data. Account creation requires you to provide an email address and password and certain other personal information, as that term is used in our Privacy Statement; additionally, you may furnish other information such as your height, weight, and gender (collectively, “User Data”) as part of your use of particular Services. You should: (a) provide true, accurate, current, and complete information about yourself as prompted during the Account creation/registration process, and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that we may use your User Data to provide the Services and for other Service-related purposes. If you provide any information that is inaccurate or not current, some of our Services may not operate correctly. Additionally, if you provide any information for the purposes of fraudulent or criminal activities, or we have reasonable grounds to suspect that such information has been provided, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services.


Third Party Services and Logins. You may enable or log in to the Services via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online and mobile experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Statement. Please remember that the manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and we have no liability or responsibility for the privacy practices or other actions of any third party website or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. We enable these features merely as a convenience to our Users.


Third Party Applications and Content. You may be able to access certain third party applications or content (“Third Party Applications”) via your UA Account. If you choose to access these Third Party Applications, you may be requested to log-in and sync your UA Account with such applications. You are in no way obligated to use any Third Party Applications, and your access and use of such applications is entirely and solely at your own risk. If you opt to use Third Party Applications via your UA Account, they will gain access to certain information that you have provided to us, including personal information, and they will use, store, and disclose such information in accordance with their individual privacy policies. The manner in which Third Party Applications use, store, and disclose your information is governed solely by their individual privacy policies and terms and conditions. We have no liability or responsibility for the privacy and information security practices or other actions of any Third Party Applications that you choose to access through your UA Account. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Applications.


7. PASSWORD AND SECURITY DISCLAIMER
When you create an Account, you will be asked to create a password to protect your Account. 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 reserve 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 ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.


We try to use reasonable security measures to protect against unauthorized access to your Account. We cannot, however, guarantee absolute security of your Account, your User Data or 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 Under Armour of any unauthorized or suspected unauthorized use of your Account or password or any other breach of security, and to accept all risks of unauthorized access to your Account, User Data or User Content, or any other information you provide in connection with your use of the Services.


8. PAYMENT TERMS AND CANCELLATIONS
You agree to pay any fees due for and incurred by your use of any Services that require payment or a subscription (“Paid Services”). If you choose to use Paid Services, you must designate and provide information about your preferred payment method (“Payment Method”). You may switch to a different Payment Method or update your information by visiting the “Account Settings” page within Under Armour Connected Fitness Websites or through the “My Account” page on the Under Armour Shopping services. You agree to pay all fees and other charges incurred in connection with your Account. We will administer and apply payments you transmit via the online billing mechanisms of any of our affiliated websites and third party providers in a timely and commercially reasonable manner. Further, we reserve the right to terminate your access to a Paid Service for any 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 upon cancellation.


MVP Membership and Auto Renewals. You may choose to upgrade your Under Armour Connected Fitness status to paid MVP Membership status in order to take of advantage to certain enhanced features and functionality (e.g., an ad-free browsing experience). You may elect to pay MVP Membership fees on a monthly or annual basis. All such MVP Membership fees are payable in advance. MVP 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 MVP Membership is terminated. The renewal MVP Membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize us to charge your Payment Method for the appropriate MVP Membership charges and fees and for any other purchases you elect to make via Under Armour Connected Fitness. We reserve the right to increase MVP Membership fees or to institute new fees at any time upon reasonable notice posted in advance on the Under Armour Connected Fitness Websites.


ALL MVP MEMBERSHIP SUBSCRIPTION PURCHASES ARE FINAL, AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF MVP MEMBERSHIPS.


Third Party Services Disclaimer. Certain third parties and advertisers with whom we maintain a commercial relationship may market or sell their own promotions, products, and services on (or through) the Services (“Third Party Services Providers”). To participate in some of those promotions or obtain some of those products or services, you may be required to make payment for the specific product, service, or promotion to a Third Party Services Provider that markets or sells that specific product, service, or promotion. We are not responsible for the administration or application of any payments required by any such Third Party Services Provider for any such select product, services, or promotions. Further, we are not responsible for the performance or nonperformance of any Third Party Services Provider. You are in no way obligated to use or transact business with any particular Third Party Services Provider. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICES PROVIDERS AVAILABLE ON THE SERVICES.


Under Armour Shopping. As you shop with us via Under Armour Shopping and make purchases, we may require additional personal information and Payment Method information in order to complete your purchases. Additional terms and conditions may apply to Under Armour Shopping services. We try to provide information relating to these terms and conditions, including refunds, exchange, re-stocking, taxes, shipping, and related information at or near the point of purchase. If you have questions relating to Under Armour Shopping services, please click hereto contact Under Armour.


Errors and Inaccuracies. Our goal is to provide complete, accurate, up-to-date information through the Services. Unfortunately, it is not possible to ensure that any website or mobile application is completely free of human or technological errors. The Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions—including after an order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.


9. USER CONTENT
The Services contain interactive features that allow users to post, submit, publish, display, upload, email, message, supply, transmit, or otherwise make available to other users or persons (hereinafter, “Share”) information (other than personal information and/or location information which are expressly covered and governed by our Privacy Statement), including but not limited to data, text, files, geo-mapped routes, sound, photos, videos, graphics, artwork, ideas, communications, designs, opinions, status updates, physical activity such as workouts and workout data, sleep activity, comments, and “likes” (collectively, “User Content”).


Your Responsibility for User Content. User Content available in connection with the Services, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated. This means that you, and not us, are entirely responsible for all User Content that you Share via the Services.


By Sharing User Content via the Services, you warrant:



Prohibited User Content. You may not Share User Content in connection with the Services that we determine in our sole discretion:



In addition, you may not Share User Content in connection with the Services that:

  • use the Services or any personal information or location information displayed on or made available in connection with the Services in any manner not expressly permitted by these Terms and our Privacy Statement. Further, you expressly agree that you will not use the Services or any personal information or location information displayed on or made available in connection with the Services to “stalk,” harass, abuse, defame, threaten, or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
  • use the Services if you are under the age of 13 years old;
  • Share Prohibited User Content as outlined above;
  • use the Services for any commercial or non-personal use, except as permitted by these Terms;
  • fail to deliver payment for any Paid Services;
  • use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  • make unsolicited offers, advertisements, or proposals or send junk mail to other Users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material and bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • provide false or inaccurate registration credentials, impersonate any person or entity, including but not limited to an Under Armour or MapMyFitness representative, and/or falsely claim an affiliation with any person or entity, or access the Accounts of other Users;
  • share passwords or any other means of access to a mobile device while any Service is running and accessible with any third party or encourage any other User(s) to do so;
  • misrepresent the source, identity, or content of information transmitted via the Services;
  • remove, circumvent, disable, damage, or otherwise interfere with: (i) the security-related features of the Services; (ii) the features of the Services that prevent or restrict use or copying of any content accessible through the Services; or (iii) the features of the Services that enforce limitations on use of the Services;
  • intentionally interfere with, or damage operation of the Services, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  • attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with, the proper working of any of the Services;
  • use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services, or modify the Services in any manner or form, nor will you use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services;
  • sell, transfer, or allow another person to access your Account, passwords, or profile; and/or
  • use the Services to harm minors in any way.