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Terms of Use

These terms of use (“Terms of Use”)are entered into by and between You and FYFER LLC. (“ Fyfer,” “FYFER,” the “Company,” “we,” or “us“). The Company provides virtual training and social media for the fitness community, along with related products, services, features and user content through our and mobile device application (collectively the “Services”). By registering as a user, or by visiting, browsing, reviewing, downloading, or sharing the Services, sending the Company communications, or otherwise using the Services in any way, you as a user accept and agree to be bound by the following terms and conditions, which, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of the Services. Further, by using the Services, you also agree to our Privacy Policy, found at Privacy Policy, incorporated herein by reference.

You agree that all information you provide to register for the Services or otherwise, including, but not limited to, through the use of any interactive features of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

User Registration Requirements

  • Registration

To enjoy full access to the Services, users must enter complete and accurate registration information to Fyfer during the registration process, and notify Fyfer if this registration information changes. This process with generate a Fyfer “user account” (“User Account”), through which to access the Services.

  • Account Age Requirement

Only users who are eighteen (18) years of age or older, and reside in the United States or any of its territories or possessions, may register for a Fyfer account. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

  • User Account Restrictions

You may not use another user’s name or picture, or any name, location, other public profile information or image as your user profile for your User Account that violates third party rights, is against applicable law, or that is—in the Company’s sole discretion—offensive, obscene, or otherwise objectionable.

  • User Account Security

You acknowledge that your User Account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your user name, password, or other security information associated with your User Account. You agree to notify us immediately of any unauthorized access to or use of your User Account, user name, password, or any other breach of security with regard to your User Account. You also agree to ensure that you exit from your User Account at the end of each session. You should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information.

“User Contributions”

For purposes of these Terms of Use, “User Contributions” means any content that users of the Services provide to Fyfer to be made available to other users in the context of their own personal, noncommercial, and proper use of the Services. User Contributions are the sole responsibility of the user who submits or posts such User Contributions to Fyfer under their User Account. In submitting or posting User Contributions to your User Account, you represent and warrant that:

  • All User Contributions you submit or post is legal, accurate, and conform to these Terms of Use and all applicable laws and regulations;
  • That you own or have the requisite license to all User Contributions such that Fyfer may utilize such User Contributions in its provision of the Services; and
  • That Fyfer will not need to obtain a license for use of the User Contributions from a third party.

Any User Contribution you submit or post under your User Account or on any of Fyfer’s Services will be considered non-confidential and non-proprietary. In submitting or posting User Contributions, you expressly grant Fyfer a worldwide, perpetual, irrevocable, non-exclusive, transferable, and royalty-free license to use, copy, transmit, distribute, publicly perform, display, edit, modify, and make derivative works of your User Contributions for any purpose, commercial or otherwise without compensation, renumeration, or royalties to you for such use. By accepting these Terms of Use, you also waive any rights of publicity or privacy with respect to User Contributions, including any “moral rights” to said User Contributions. Additionally, by accepting these Terms of Use, you also grant all other users of the Services to view your User Contributions in the context of their own personal, noncommercial and proper use of the Services.

  • User Contribution Content Standards

These Content Standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy Privacy Policy
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

All User Contributions must comply with the Content Standards set out in these Terms of Use. As such, you represent and warrant that:

  • All of your User Contributions do and will comply with these Terms of Use.
  • Your use of the Services and all User Contributions shall not in any manner constitute an infringement or other violation of any third party rights including trademark, copyright, patent and/or trade secrets.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

  • Monitoring, Enforcement, and Termination of User Account

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, damages the Company’s reputation or goodwill, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the mobile device application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Users may utilize the reporting features included in the Services to report content they perceive to be obscene, inappropriate, objectionable, or otherwise in violation of these Terms of Use. However, we do not undertake to review material before it is posted on any part of the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

We respect the intellectual property rights of others and expect you to do the same. We will remove all infringing content if properly notified that it infringes third-party copyrights, and may do so at our sole discretion, without prior notice at any time. Pursuant to the United States Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe content infringes their rights. We reserve the right to remove any content without prior notice to you or any third party. If you believe that content made available through the mobile device application infringes any copyright you may send a notice requesting that it be removed or that the Company block access to it. If you believe that such a notice has been filed wrongfully against you, the DMCA allows us to send to you a counter notice. Notices and counter notices must meet DMCA’s requirements. The Company recommends that you consult a legal advisor before filing a notice or counter notice. There can be substantial penalties for false claims. Notice and counter notices may be sent to the Company’s copyright agent at doug@kimandlahey.com. It is the Company’s policy, in appropriate circumstances, to terminate the User Account of anyone that has committed multiple infringements.

Subscriptions

An auto-renewable subscription of your choice will be applied to your iTunes account, at the end of 3 days free trial period upon confirmation. Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the mobile device application:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the functioning of the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material of the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the mobile device application or other aspects of the Services is stored, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

Intellectual Property Rights

The Services and all of their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as follows:

  • Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, nontransferable, revocable license to download and install a copy of the desktop, mobile, or other applications of the Services to your computer or mobile device solely for your own personal, non-commercial use on a mobile device or computer that you own and control;
  • Your computer may temporarily store copies of the Services in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the applications for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
  • If we provide social media features on social media and public platforms, including but not limited to Facebook, Twitter, Pinterest YouTube, Instagram and others, with certain content, you may take such actions as are enabled by such features;

You must not:

  • Modify copies of any materials of the Services;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials taken from the Services; or
  • You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: contact@fyferapp.com.

No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, brand and marks, including the following: FYFER, Fyfer, fyfer, and all names, logos, product and service names, designs, and slogans are trademarks, including federally registered trademark and service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans used in the Services are the trademarks of their respective owners.

License for Use of Improvements, Reviews

If you suggest improvements or added features to the Services, or provide a review, feedback or testimonial with regard to the Services, to Fyfer or any agent thereof, you expressly grant Fyfer a worldwide, perpetual, irrevocable, non-exclusive, transferable, and royalty-free license to use, copy, transmit, distribute, publicly perform, display, edit, modify, and make derivative works based on your suggested improvements, added features, review, feedback or testimonial for any purpose, commercial or otherwise, including but not limited to promotional materials, marketing and new Services, without notice to you, and without compensation, renumeration or royalties to you, and without any obligation whatsoever to you, for such use.

Reliance on Information Posted

The Services include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, including User Contributions, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The information presented on or through the Services by third parties is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

Links from the Services

If any aspect of the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party application linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such applications.

Information About You and Your Visits to the Mobile Device Application

All information we collect via the Services is subject to our Privacy Policy. By using the mobile device application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Geographic Restrictions

The owner of the Services is based in the State of South Carolina in the United States. We provide these Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY APPLICATION LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, THEIR CONTENT (INCLUDING ANY OF THE USER CONTRIBUTIONS), AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SERVICES OR OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, other User Contributions, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

This mobile device application is operated by FYFER LLC.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: FYFER customer service, at contact@fyferapp.com.