All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to JohnnyFit, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided herein, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without JohnnyFit’s express prior written consent.
You may use digital downloads purchased from JohnnyFit on any device that you own for your personal use, and may make copies to store on those devices only.
The Site and Content are subject to change without notice.
Purpose of the Site
The Site has been created and is maintained for personal exercise, information, entertainment, and education. JohnnyFit is not responsible for injuries incurred in the course of using the Site or products or services offered herein; you alone are responsible for determining your physical limits and the wisdom of undertaking any course of action recommended or taught on the site or in products or services offered herein. JohnnyFit offers no warranties or guarantees regarding improvement of physical conditioning or health as a result of using the Site or products or services offered herein. Always consult a physician before using this or any other wellness or exercise program.
Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. JohnnyFit reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any JohnnyFit server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of JohnnyFit, including any JohnnyFit account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or JohnnyFit’s systems or networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to JohnnyFit on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
The manner and quality of viewing, listening to, downloading, or otherwise using material on the Site is affected by your particular system.
Purchases; Other Terms and Conditions
Unless otherwise agreed in writing, you agree to immediately pay for any and all products or services you purchase on the Site. Payment may be required before said products or services are delivered or made available for delivery to you.
JohnnyFit’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
JohnnyFit may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and JohnnyFit makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a Site ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify JohnnyFit immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by JohnnyFit or any other user of or visitor to the Site due to someone else using your JohnnyFit ID, password or account.
You may not use anyone else’s Site ID, password or account at any time without the express permission and consent of the holder of that Site ID, password or account. JohnnyFit cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Your privacy is important to us, and we zealously protect it. Nevertheless, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. JohnnyFit will not sell or rent your contact information to other marketers, but you agree that your personal information may be shared with companies that JohnnyFit has a strategic relationship with or that perform work for JohnnyFit to provide products and services to you on JohnnyFit’s behalf. JohnnyFit may be required by law or litigation to disclose your personal information; we may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary. JohnnyFit may disclose any information it has about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with JohnnyFit’s rights or property, or the rights or property of visitors to or users of the Site. JohnnyFit reserves the right at all times to disclose any information that JohnnyFit deems necessary to comply with any applicable law, regulation, legal process or governmental request. JohnnyFit also may disclose your information when JohnnyFit determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You are advised to take precautions to protect your personal data when you are on the Internet: Change your passwords often using a combination of letters and numbers, and use a secure web browser.
The Site may use “cookies” and other technologies to study traffic patterns on the Site, to customize your experience, and provide greater convenience each time you interact with us. The Site may also gather certain information automatically and store it in log files; such information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
This website has not opted out of third-party ad serving, and therefore the cookies of other third-party vendors or ad networks may also be used to serve ads on this site. You can opt out of some, but not all, of these cookies in one location at the Network Advertising Initiative opt-out website at www.networkadvertising.org/managing/opt_out.asp.
Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under JohnnyFit’s control, and JohnnyFit is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites and the handling of information or materials you or others might provide to the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
JohnnyFit is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Any purchases through the Amazon Services LLC Associates Program is subject to the terms and conditions of amazon.com.
We are also participants with other affiliate programs. You can assume that many links and products advertised on this website will generate a commission or referral income. It takes time and money to operate a website and it is within our right to seek income from participating with affiliate programs. We promise to never intentionally refer you to products or services that we do not fully support and endorse.
JOHNNYFIT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. JOHNNYFIT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JOHNNYFIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOHNNYFIT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RELATED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JOHNNYFIT FOR DISSATISFACTION WITH THE SITE OR ANY AFFILIATED CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Neither JohnnyFit nor anyone associated with JohnnyFit will be responsible or liable for any injury sustained while exercising at your home, gym or elsewhere. Consult a Doctor before starting any exercise program.
JohnnyFit reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will JohnnyFit be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if JohnnyFit has been advised of the possibility of such damages.
You agree to indemnify and hold JohnnyFit, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against JohnnyFit by any third party due to or arising out of or in connection with your use of the Site.
You agree that JohnnyFit may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Oregon without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Multnomah County, Oregon, and waive any objection to such jurisdiction or venue.
Void Where Prohibited
JohnnyFit administers and operates the www.johnnyfit.com Site from its location in Portland, Oregon, USA. JohnnyFit reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
© JohnnyFit LLC; all rights reserved.