The University of Kentucky College of Agriculture, Food and Environment, Department of Dietetic and Human Nutrition ('DHN'), supported by a CDC 1416 grant, has developed a mobile application to track everyday health and fitness (the 'Fitness App').
You must accept these Terms to create a Fitness App account and to use the Fitness Service.
Creating An Account
Full use of the Fitness App requires that you create an account by providing us with a valid email address and strong password. You are responsible for all the activity that occurs in association with your account. DHN is not liable for any loss or damages caused by failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Fitness App. These communications are part of the Fitness Service and you may not opt-out of receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
'DHN Content' includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated provided or otherwise made available through the Fitness Service to you. Fitness Content, the Fitness App and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark other other proprietary rights notices incorporated in or accompanying the Fitness Service.
What You Can Do On The Fitness Service
The Fitness App is intended for your personal, non-commercial use.
"DHN grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Fitness Content, and access and use the Fitness Service. This license is provided solely for your personal use and enjoyment of the Fitness Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Fitness Content, Fitness Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DHN or its licensors, except for the licenses and rights expressly granted in these Terms.
Our Enforcement Rights
We are not obligated to monitor access or use of the Fitness Service, Fitness Content, or to review or edit any Fitness Content, but we have the right to do so for the purpose of operating the Fitness Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms and any conduct that affects the Fitness Service.
Use The Fitness Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Fitness Service, but we make no endorsement, representation or warranty of any kind about any Fitness Content, information, services or recommendations. The accuracy of the data collected and presented through the Fitness Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of the information you receive through the Fitness Service. If you rely on any Fitness Content or the Fitness Service, you do solely at your own risk.
Consult Your Doctor Before Using The Fitness Service
The Fitness Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Fitness Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Fitness Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Fitness Service. If you engage in any exercise program you receive or learn about through the Fitness Service you agree that you do so at your own risk and are voluntarily participating in these activities.
Use Common Sense
Use of the Fitness App should not replace your good judgement and common sense. Please read and comply with all safety notices that accompany your Fitness App.
DHN respects copyright law and expects its users to do the same. It is DHN's policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
Agree To Receive Alerts And Notifications
As part of your use of the Fitness Service, you may receive notifications, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links on the Fitness Service
All content posted to third-party services is not monitored by The Fitness Service and The Fitness Service is not responsible for any content, materials, images or comments posted. All user content uploaded to third-party services is subject to any public domain policies of said service. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
The Fitness Service and Fitness Content are provided 'as is,' without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, any any warranties arising out of course of dealing or usage of trade. We make no warranty that the Fitness Service or Fitness Content will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Fitness Service or any Fitness Content. You acknowledge and agree that if you rely on any Fitness Content or the Fitness Service, you do so solely at your own risk.
You will indemnify and hold harmless DHN and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys' fees arising out of or in any way connected with (i) your access to or use of the Fitness Service or your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
Neither DHN, its suppliers or licensors, nor any other party involved in creating, producing, or delivering the Fitness Service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the Fitness Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not DHN has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Fitness Service and you.
Choice of Law
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without regards to its conflict of laws principles.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between DHN and you regarding the Fitness Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DHN and you regarding the Fitness Service and the Fitness Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without DHN's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. DHN may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by DHN under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Fitness Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
DHN's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DHN. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.