The parties to this Agreement are you and the owner of the Software, Create Your Physique, Inc. All references to “we,” “us,” “our,” “Website,” “Site,” or “App” will be construed to mean the Software and the Company. All references to “you,” “your,” “User,” or “Customer” will be construed to mean you as the user of the Software. Your access and use of the Software constitutes your agreement to be legally bound by this Agreement and establishes a contractual relationship between you and the Company.
The Software makes dietary recommendations based on your goals and preferences to assist you in a more healthful lifestyle.
Everyone’s health conditions are different. Therefore, you agree to consult a doctor before adopting the dietary recommendations proposed by the Software.
Use and Restrictions
Your use of the Software is subject to the following restrictions:
You shall not frame, mirror, or link the Software on any other server on Internet-enabled device.
You shall not adapt, edit, change, transform, make derivative works, modify, disassemble, decompile, or reverse engineer, republish the App (except to the extent that such restriction is expressly forbidden by law). You shall not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, assign, or otherwise exploit the Software except as expressly permitted by Company.
You shall not use the App to provide time sharing or similar Software to any third party.
You shall not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use of copying of any content accessible through the App, or features that enforce limitations on the use of the App.
You shall not remove any copyright, trademark, or any other proprietary notices from any portion of the Software. You shall not share your logon credentials to the Software with anyone other person or entity. You shall not logon to the Software with any credentials that are not your own.
You shall not solicit the logon credentials to the Software or other personally identifiable information from others. You shall not access data that you are not authorized by Company to access. You shall not take any action that will cause an unreasonable burden on Company’s infrastructure. You shall not attempt to access or navigate the Software through any manner other than the Software. You shall not mine the content or perform any other data gathering or extraction. You shall not attempt to exploit any possible vulnerability in the Software by probing, scanning, or any other means. You shall not attempt to inject a virus, worm, or other malware into the Software nor shall you overload, “flood,” “spam,” “crash,” or otherwise attempt to interfere with Company’s Software to other users.You shall not use the Software if you are under the age of 18.
You shall not use the Software to deliver unlawful or hazardous materials.
This list of restrictions is not an exhaustive list. At any time, with or without notice and with or without cause, for any reason or no reason, if Company determines, in its sole discretion, that any of your actions are inappropriate or disruptive, Company reserves the right to terminate access to your account.
Company shall investigate actions, which may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of users who are involved in such violations. These violations may result in civil and/or criminal liability.
You shall be solely responsible for the use of your account. You shall protect the confidentiality of your username and password. You shall not share these logon credentials with anyone else (even temporarily) and, if you have reason to believe that someone has gained unauthorized access through your credentials, you shall contact Company immediately.
You acknowledge and understand that you may incur standard data carrier charges for use of the App.
All rights not expressly granted in this Agreement are reserved by the Company and our licensors.
If you access the Software using Software developed for Apple iOS or the Android operating system, Apple Inc. or Google, Inc. will be third-party beneficiaries to this Agreement. These third-party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Software in any manner. Furthermore, you are subject to the terms and conditions as set forth in the applicable third-party beneficiary’s terms of service.
Ownership of Intellectual Property
The material provided in the Software is protected by law including, but not limited to, United States copyright law and international treaties. The copyright and other intellectual property in the content of the Software is owned by us and/or third-parties with whom we have licensing agreements. Except for the limited rights granted herein, all other rights are reserved.
Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content in the Software. Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content (collectively “Content”) that may be found on the Software. This intellectual property of Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in this Agreement are reserved by Company.
You shall not copy or adapt any computer code that Company creates for the generation or display of the Software; this code is protected under copyright law.
You shall not reproduce, display, publicly perform, distribute or other use the Content for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of Company’s or its licensors’ property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You shall not sell or modify the Content or use the Content in any other application, web site, or in a networked computer environment for any purpose.
COMPANY DOES NOT GUARANTEE THE SUITABILITY OF THE DIETARY RECOMMENDATIONS FOR YOUR PARTICULAR SITUATION. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE RECOMMENDATIONS ARE RIGHT FOR YOU BASED ON YOUR HEALTH HISTORY AND BY CONSULTING WITH HEALTH CARE PROFESSIONALS. BY USING THE SOFTWARE, YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE SOFTWARE AT YOUR OWN RISK AND JUDGMENT.
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SOFTWARE. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THE SOFTWARE, THE COMPANY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE: (1) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (3) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THIS SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, BUT NOT LIMITED TO, UNEXPECTED WEIGHT LOSS OR GAIN, AND OTHER HEALTH IMPLICATIONS) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SOFTWARE AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SITE WILL BE LIMITED TO U.S. $200 IN THE AGGREGATE.
You shall indemnify and hold Company harmless from all claims or cause of actions, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Software, violation of this Agreement, or violations of any rights of a third party, or allegations thereof. This indemnification extends to all of Company’s agents, affiliated companies, employees, contractors, directors, and officers, as well as anyone involved in creating or providing services to Company. Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you shall cooperate in asserting any available defenses.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA” then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Orlando, Florida, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.
Jurisdiction and Venue
The courts of Orange County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
This Agreement will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Designed for Use Within The United States
This Software is designed for use from within the United States. We do not represent that this Software is appropriate for use elsewhere. Access to this Software from locations where its contents is illegal is not authorized.
If any provision of these terms is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms, and these terms will continue in full force and effect, and be construed and enforced, as if such provisions had not been included, or had been modified as above provided, as the case may be.
We shall not be liable for damages arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
User Submissions to Company
Company welcomes your feedback with regard to the Software. However, Company shall not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you submit these Submissions regardless of this stated policy, the Submissions will automatically become the property of Company. None of the Submissions will be subject to any obligation of confidentiality and we shall not be liable for its disclosure or use. Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Term and Termination of this Agreement
If it becomes necessary for you to contact the Company for any reason, you may do so by using the following information:
Name: Create Your Physique
Address: P.O. BOX 568742
E-mail Address: firstname.lastname@example.org