All users of the SHOCK TRAINING application for mobile devices (“Application” or “App”, hereinafter) are required to read and accept the following "Terms of Use." Please carefully read the information that follows before using the App. If You cannot agree to all of these terms, You may not use this App. You acknowledge and understand that these Terms of Use constitute a legally binding agreement between You and the publisher of this App, Shock Training, L.C.C. (the “Company” hereinafter).
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THE APP AND THE BILLING TERMS ASSOCIATED WITH IT. THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME AT COMPANY’S SOLE DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS OF USE EACH TIME YOU RECEIVE NOTICE THAT THESE TERMS HAVE CHANGED. YOUR USE OF THE APP AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE APP.
You acknowledge, as a precondition to accessing or using the App, that You have read and agree to be bound by these Terms of Use. You further agree that You will not use the App for any illegal purpose or in any manner that would be inconsistent with these Terms of Use.
In order to use the App, You must create an account and a login. To create an account, you must qualify and agree to the conditions set forth herein. Failure to qualify and continuously abide by any of these conditions constitutes a breach of these Terms of Use and may result in the termination of your Account.
Specifically, you agree that:
The information, recommendations, measurements, and/or other materials provided to You by the App are supplied on an "as is" basis. All warranties, whether express or implied, as to the accuracy or completeness of the information PRESENTED TO YOU, INCLUDING SPECIFIC EXERCISE RECOMMENDATIONS OR EXERCISE GOALS, are hereby excluded to the extent permitted by law. As a condition of the access by You to this App, You agree that the Company will not be liable for any damages of any kind arising from Your use OF OR INABILITy TO USE this App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
THE Company and its directors, officers, employees and agents shall, to the fullest extent permitted by law, have no liability, contingent or otherwise, to You or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this App or for omissions or errors therein. In no event shall Company be liable, for any special, direct, indirect, incidental, punitive or consequential damages (including, without limitation, loss of business, loss of profit, loss or corruption of data, loss of goodwill or reputation or wasted management time) which may be incurred or experienced on account of Your use of, or reliance upon, the App or any materials received from it. Any limitations or restrictions on liability in these Terms of Use shall only apply to the extent permitted by applicable law.
As a condition of the use of this App, You agree that all of the information, content, materials, text, graphics, data, models, calculations, formulas, software, trademarks, service marks, and every other form of intellectual property ("Information") made available to You herein is protected by copyright, patent, trademark, trade secret, international treaty, and/or other propriety rights of the United States and foreign countries. Except as expressly authorized by Company, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Information or the App. Use of this App by You does not constitute an implied license to use any trademark, service mark or logo used in connection with the App.
By use of this App, You agree that: (i) as between You and Company, Company is and shall continue to be the sole and absolute owner of the App; (ii) Your right to use the App and information derived therefrom is governed solely by these Terms of Use; and (iii) such right to use the App is expressly limited by the terms and conditions of these Terms of Use.