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Terms of Service
Terms of Service is effective from August 29, 2024.
The Boundless Fit App is owned and operated by My Boundless Fit, Inc. a corporation registered in Utah, United States of America. (referred to as Boundless Fit, we, us, our, or the App)
These Terms of Service (Terms) apply to your access and use of the Boundless Fit App and/or Boundless Fit website (currently www.boundlessfit.com) and as applicable (the Website), software, application, products and services (all together, the Services).
1. Use of the Services
You must accept these Terms in order to receive any Services (including taking part in any of our combined route challenges, fitness challenges or other challenges). These Terms are a legally binding contract between you and us. Where you are using the Services as part of an organization or as an individual
a. an authorized representative of the organization must agree to these Terms;
b. all individuals in the organization or group who access the Services must comply with these Terms and the organization is responsible for ensuring this; and
c. the organization is responsible for all content posted to the Services by its users and must monitor and moderate such content
Where these Terms prohibit you from doing something you must also not attempt to do it or encourage or assist others in doing it while accessing or using the Services.
2. Accounts
An account must use a valid name and email address and account information must be kept up-to-date at all times. You must keep your login details confidential and secure including not sharing your login details with any other person). You are responsible for all activity that occurs in association with your account. Please contact contact@boundlessfit.com if you discover or suspect any security breach related to the Services or your account.
3. Privacy
For information about our data practices, or app, please see our Privacy Notice which sets out the personal information that we collect and our use of the information.
4. Use of Services by Children
Children below the age of 16 may only use the Services with the consent of a guardian, and any children that have an account will be assumed that they have parent/guardian consent.
On creating a subscription, and upon purchase with credit card, you are saying you have your parental/guardian consent. Boundless Fit will know that they have parent consent if credit card is used and subscription is purchased. This applies to Pay Per Route and/or webpage store purchases as well. Boundless Fit has no way of knowing if customer or user is a minor. Parents and legal guardians are responsible for helping their children sign up an account.
5. Intellectual Property
You acknowledge that any materials that we post, generate, provide, or otherwise make available through the Services, the Websites, or apps, including any photos, images, maps, graphics, video, audio, data, text and sounds (Boundless Fit Content), the “look and feel” and arrangement of such Boundless Fit Content, and the underlying technology used to provide the Services is owned, controlled or licensed by or to Boundless Fit. We reserve all rights in such intellectual property.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services, (b) access and view the Boundless Fit Content, and (c) access and use the software and, where you download an application, the application, subject to these Terms.
You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
Our logos and any trade marks on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part.
Third-party trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitate or used, in whole or in part, without the permission of the applicable trademark holder.
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Boundless Fit, or obtained from sources other than you.
6. Your Content
We do not claim ownership in any of the information, data, text, sound, photographs, graphics, video, messages or other materials that you post onto the Services, or that you connect to the Services (Your Content). Your Content excludes Boundless Fit Content. You are entirely responsible for Your Content.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display Your Content in all media formats for the purpose of providing the Services. This license ends when you delete Your Content or your account.
The Services may provide you with the ability to treat certain of Your Content that you submit as private, public or available only to select users of the Services. Boundless Fit will endeavor to maintain the privacy of such content in accordance with your elections. However, if option is available and you do not elect to mark Your Content as private or available for a limited group of users, or later charge such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Your Content will not be subject to any obligation of confidence on the part of Boundless Fit other than as set out in our Privacy Notice and Boundless Fit will not be liable for any use or disclosure of Your Content you provide.
We may generate and use anonymized data from which data subjects can no longer be identified for any business purpose during or after the term including without limitation to develop and improve Boundless Fit’s products and services and to create and distribute reports and other materials.
7. No Infringing Content
You represent and warrant that Your Content, the use and provision of Your Content on the Service, and your use of the Services will not:
a. infringe, misappropriate, or violate a third party’s intellectual property rights;
b. violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to liability.
c. be fraudulent, false, misleading, or deceptive;
d. be defamatory, obscene, pornographic, vulgar or offensive;
e. promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
f. be violent or threatening or promote violence or actions that are threatening to any person or entity; or
g. promote illegal or harmful activities or substances.
You must ensure that Your Content complies with applicable privacy laws including that you have all necessary authorizations and consents for any personal information you include in Your Content.
8. Teams
Participants below the age of 16 must have the permission of their guardians to join a team. Participants may withdraw from a Team and may delete any content they have posted, at any time.
Content posted in a Team must not be reproduced in any form outside of the Team without the express permission of the original poster. Information about Team members may not be disclosed or sold in any form.
Team creators are responsible for all content posted to the Team and must actively monitor such content to ensure compliance. Infringing content must be flagged for removal at the earliest possible opportunity. This can be done by contacting contact@boundlessfit.com.
Users of any social media community must abide with the applicable group rules.
9. Prohibited Actions
9.1 Disruptive Use
You must not:
a. use the Services in any manner that damages, disables, overburdens or impairs and Website or interferes with any other party’s use of the Services
b. upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or contains other harmful, disruptive, or destructive files or content;
c. access the Services using another user’s login credentials, including reusing or sharing login crecentials among multiple users;
d. harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; or
e. use the Service in any manner that in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type.
9.2 No Commercial Use
You must not:
a. sell, rent, lease, sublicense or otherwise exploit any Actionary Content Services, or products supplied by Boundless Fit
b. copy or create derivative works based on the Boundless Fit Content or Services;
c. use any name, trademark, logo, or proprietary information of Boundless Fit or of any third-party displayed on the Services or Websites; or
d. upload or post any content that is advertizing, promotional material, junk mail, spam, or a contest or sweepstake.
9.3 Security
You must not:
a. access or attempt to gain access to the technical systems used to provide the Services;
b. circumvent any technological security measure in place regarding the Websites or Services.
c. access the Boundless Fit Content through the use of any mechanism other that through the Websites; or
d. modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that is part of the Services.
10. Our Enforcement Rights
Boundless Fit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, remove or disable access to any Boundless Fit Content, suspend or terminate your access to the Services and/or your account, or take any action we may deem appropriate, at any time and without notice, if we determine that the relevant content or your use of the Service is objectionable or in violation of these Terms.
11. Use at Your Own Risk
If you rely on any Boundless Fit Content or the Services you do so solely at your own risk. Under no circumstances will we be liable in any way for any Boundless Fit Content including, but not limited to, any errors or omissions in any Boundless Fit Content, or any loss or damage of any kind that incurred as a result of the use of any content. You acknowledge that Boundless Fit does not moderate or monitor the content posted to the Services. We make no endorsement, representation, or warranty of any kind about Boundless Fit Content including that we do not promise the accuracy, reliability, availability, integrity or quality of such content.
You should consult with your healthcare professional in relation to any fitness challenge or your health. We are not responsible for any health problems, issues with training or fitness or any damage (including damage to property) that may result from activity undertaken in relation to the Services. Information provided in relation to the Services is not medical, health, training, or fitness advice. See wavier for more info.
You should stop/pause exercising while viewing your progress on the app routes and should not attempt to continue exercising, walking, running, or performing any kind of movement while you are viewing the app, for your safety. You should use caution when viewing the app while exercising or moving and make sure your surroundings are safe to do so, whether inside or outside. Boundless Fit will not be liable under any circumstances for misuse of app and for unsafely using the app. You should use good judgement. You acknowledge that you use the app at your own risk.
12. Changes
Boundless Fit Content may change from time to time or vary by geographic location. Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Boundless Fit Content may change from time to time or vary by movement. Movement and progress is monitored by steps taken and health devices on your phone. For more accurate stats, phone must be in a pocket that is tightly worn on your body, for best results. If phone is in a loose area, Boundless Fit results cannot be completely accurate.
Boundless Fit and its third party service providers may make improvements and/or changes in the Services, products, services, applications, features, programs, and prices at any time and for any reason in its sole discretion. The application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Boundless Fit reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion of the Services with or without notice. You agree that Boundless Fit shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
13. Third-Party Services
The Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (Third-Party Services) that are not under Boundless Fit’s control. This may include the opportunity for you to link your Boundless Fit account, data, or the Services with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from the Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Services are not part of the Services and are not controlled by Boundless Fit, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. Boundless Fit is not responsible for late data, errors in data, lack or loss of data from Third-Party Services. You also acknowledge that these Terms and the Privacy Notice do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy notice of statement that applies to your use of any Third-Party Services.
14. Price and Payment
Prices and the currency for payment are specified at the time of Purchase. Additional charges such as shipping, handling and sales taxes may apply. You agree to pay the specified price and any such additional charges, You are responsible for paying all external fees and taxes associated with your purchases, except in relation to pricing that is specified as being inclusive of sales tax and taxes based on our net income. We may change our pricing at any time, but any such change will only apply to a new order. Accounts and/or login details must not be shared for the purpose of avoiding paying fees.
15. Orders
Supply fo all Services is subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and to discontinue Services. We may refuse or cancel any order or limit any order quantity in our sole discretion, even after receving your order, We may also require additional qualifying information prior to accepting or processing your order.
16. Refunds and Returns
Our Refunds and Returns Policy applies to your purchases in relation to Boundless Fit. Except for any refunds or returns specified in that policy, all sales are final and the company does not provide returns except for goods that are damaged or defective on receipt (subject to any applicable consumer law) Boundless Fit is not responsible for customers’ failure to redeem a promo code or complete a challenge before any expiration date.
17. Termination
You may request to delete your account at any time by using the function within the apps, via the website or by contacting contact@boundlessfit.com. Upon any deletion, suspension, termination, or dicontinuation of the Services of your account, the following provisions of these terms will survive: Sections 1, 2, 3, 5, 6, 7, 9, 10, 11, 13, 14, 16, 18, 19, 20, 21 and 22.
18. Disclaimers
The information, software, products, services and content available through the Services are provided to you “as is” and without warranty. Boundless Fit subsidiaries, affiliates, officers, employees, agents, partners and licensors (Related entites) disclaim all warranties with regard to the same, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particulat purpose. Title and non-infringement. Boundless Fit and Related Entities make no warranty that (a) the Services willl meet your requirements; (B) your content will be available ot the Services will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you though the service will meet your expectations; and any errors in the Services will be corrected.
If you rely on any Boundless Fit Content or the Services you do so solely at your own risk. Under no circumastances will we be liable in any way for any Boundless Fit Content including, but not limited to, any errors of omissions in any Boundless Fit Content, or any loss of damage of any kind incurred as a result of the use of any content. You acknowledge that Boundless Fit does not moderate or monitor the content posted to the Services. We make no endorsement, representation, or warranty of any kind about Boundless Fit Content including that we do not promise the accuracy, reliability, availability, integrity or quality of such content.
You expressly agree that your athletic activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction, or negligence of Boundless Fit or by the action, inaction or negligence of others.
You should consult with your healthcare professional in relation to any fitness challenge or your health. We are not responsible for any health problems, issues with training or fitness or any damage (including damage to property) that may result from activity undertaken in relation to the Services. Information provided in relation to the Services is not medical, health, training, or fitness advice.
Boundless Fit’s maximum aggregate liability to you arising out of, or in connection with, these Terms or from the use of or inability to use the Services shall not exceed the greater of the amount you have paid to Boundless Fit to use of the Services in the 12-months prior to the date of the claim or one hundred US dollars (USD$100).
Boundless Fit is not liable for any indirect, special, incidental, or consequential damages arising out of, or in any way connected with, these Terms or the Services or any costs of delay, loss of inaccuracy of data or information or loss of profits, even if it knows of the possibility of such damage or loss.
The exclusions and limitations of damages set out above are fundamental elements of the basis of the bargain between us.
If the exclusion or limitation of liability for consequential or incidental damages is excluded by law, Boundless Fit’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services will be the amounts you have paid to Boundless Fit for the use of the Services.
19. Indemnity
You will indemnify and hold Boundless Fit or Related Entities harmless from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any law of the rights of a third-party. 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.
20. Dispute Resolution
You agree that any action at law or in equity arising out of or relating to these Terms or your access to or use of the Services will be filed only in Utah, Untied States of America courts and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding. These Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws fo Utah, USA without regard to its conflict of laws principles.
The parties shall use their best efforts to settle any dispute, claim, question or disagreement directly through good-faith negotiations, as a precondition to either party initiating arbitration. Any claim arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administerd by JAMS in accordance with its provisions and procedures governing or permitting class actions. The arbitarator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement. The arbitratiot shall be empowered to grant whatever releif would be available in a court, provided, however, that the arbitratior will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitraror’s award shall be binding on the parties and may be entered as a jugement in any court of competent jurisdiction. Both of us expressly waive trial by jury.
You may only resolve disputes with Boundless Fit on an individual basis, and may not bring a claim as a plaintiff or as a class member in class, consolidated, or representative action.
The Untied Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms.
Subject to applicable laws, you agree that any claim you may have arising out of or realted to you relationship with Boundless Fit and these Terms must be filed within one year after such claim arose, otherwise, your claim is permanently barred.
21. Additional Terms
Additoinal terms may apply to certain products or services including surveys, contests, giveaways, and other promotions (we will notify you where this is the case) and to our application accessed through the App Store or Google Play. Where they apply such additonal terms are incorporated into and made part of these Terms.
No Terms or conditions proposed by a customer or a user will be incorporated in these Terms or will apply to the supply of the Services, even if at some later date Boundless Fit signs or otherwise purports to accept them. Where a mission admin or an organization or group specifies or requires its users of the Services to agree to different terms to these Terms, including terms specific to a particular mission, such terms do not apply to Boundless Fit or our supply of the Services and ate not part of the contract between us and you.
22. General Terms
Except as otherwise stated, these Terms constitute the entire agreement between Boundless Fit and you regarding the Services, and supersede and replace all prior understandings or agreements regarding the Services.
We may modify these Terms at any time and such modification will take effect when the new Terms are loaded onto the website.
If a court of competent jurisdiction finds any provision of these Terms invalid of 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, delegate or transfer these Terms, without Boundless Fit’s prior written consent. Any attempt by you to assign or transfer these terms without such consent, will be null. Boundless Fit 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.
You are not permitted to purchase products or services from Boundless Fit if you are a person or entity who is subject to any sanctions or a person whom we are legally prohibited from providing our Services including under any export restrictions.
Any notices or other communications provided by Boundless Fit under these Terms, including those regarding modifications to these Terms, will be given (i) via email or (ii) by posting to the Services. The date of receipt on the message is the date on which such notice is transmitted or posted.
The words ”includes” and “including” in these Terms will be deemed to mean “including without limitation”.
Nothing expressed or implied in these Terms will be deemed to constitute either party as the partner, agent, or joint ventures of the other party.
Boundless Fit’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right to our provision. The wavier of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Boundless Fit. 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.Terms of Service
Terms of Service is effective from August 29, 2024.
The Boundless Fit App is owned and operated by My Boundless Fit, Inc. a corporation registered in Utah, United States of America. (referred to as Boundless Fit, we, us, our, or the App)
These Terms of Service (Terms) apply to your access and use of the Boundless Fit App and/or Boundless Fit website (currently www.boundlessfit.com) and as applicable (the Website), software, application, products and services (all together, the Services).
1. Use of the Services
You must accept these Terms in order to receive any Services (including taking part in any of our combined route challenges, fitness challenges or other challenges). These Terms are a legally binding contract between you and us. Where you are using the Services as part of an organization or as an individual
a. an authorized representative of the organization must agree to these Terms;
b. all individuals in the organization or group who access the Services must comply with these Terms and the organization is responsible for ensuring this; and
c. the organization is responsible for all content posted to the Services by its users and must monitor and moderate such content
Where these Terms prohibit you from doing something you must also not attempt to do it or encourage or assist others in doing it while accessing or using the Services.
2. Accounts
An account must use a valid name and email address and account information must be kept up-to-date at all times. You must keep your login details confidential and secure including not sharing your login details with any other person). You are responsible for all activity that occurs in association with your account. Please contact contact@boundlessfit.com if you discover or suspect any security breach related to the Services or your account.
3. Privacy
For information about our data practices, or app, please see our Privacy Notice which sets out the personal information that we collect and our use of the information.
4. Use of Services by Children
Children below the age of 16 may only use the Services with the consent of a guardian, and any children that have an account will be assumed that they have parent/guardian consent.
On creating a subscription, and upon purchase with credit card, you are saying you have your parental/guardian consent. Boundless Fit will know that they have parent consent if credit card is used and subscription is purchased. This applies to Pay Per Route and/or webpage store purchases as well. Boundless Fit has no way of knowing if customer or user is a minor. Parents and legal guardians are responsible for helping their children sign up an account.
5. Intellectual Property
You acknowledge that any materials that we post, generate, provide, or otherwise make available through the Services, the Websites, or apps, including any photos, images, maps, graphics, video, audio, data, text and sounds (Boundless Fit Content), the “look and feel” and arrangement of such Boundless Fit Content, and the underlying technology used to provide the Services is owned, controlled or licensed by or to Boundless Fit. We reserve all rights in such intellectual property.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services, (b) access and view the Boundless Fit Content, and (c) access and use the software and, where you download an application, the application, subject to these Terms.
You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
Our logos and any trade marks on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part.
Third-party trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitate or used, in whole or in part, without the permission of the applicable trademark holder.
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Boundless Fit, or obtained from sources other than you.
6. Your Content
We do not claim ownership in any of the information, data, text, sound, photographs, graphics, video, messages or other materials that you post onto the Services, or that you connect to the Services (Your Content). Your Content excludes Boundless Fit Content. You are entirely responsible for Your Content.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display Your Content in all media formats for the purpose of providing the Services. This license ends when you delete Your Content or your account.
The Services may provide you with the ability to treat certain of Your Content that you submit as private, public or available only to select users of the Services. Boundless Fit will endeavor to maintain the privacy of such content in accordance with your elections. However, if option is available and you do not elect to mark Your Content as private or available for a limited group of users, or later charge such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Your Content will not be subject to any obligation of confidence on the part of Boundless Fit other than as set out in our Privacy Notice and Boundless Fit will not be liable for any use or disclosure of Your Content you provide.
We may generate and use anonymized data from which data subjects can no longer be identified for any business purpose during or after the term including without limitation to develop and improve Boundless Fit’s products and services and to create and distribute reports and other materials.
7. No Infringing Content
You represent and warrant that Your Content, the use and provision of Your Content on the Service, and your use of the Services will not:
a. infringe, misappropriate, or violate a third party’s intellectual property rights;
b. violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to liability.
c. be fraudulent, false, misleading, or deceptive;
d. be defamatory, obscene, pornographic, vulgar or offensive;
e. promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
f. be violent or threatening or promote violence or actions that are threatening to any person or entity; or
g. promote illegal or harmful activities or substances.
You must ensure that Your Content complies with applicable privacy laws including that you have all necessary authorizations and consents for any personal information you include in Your Content.
8. Teams
Participants below the age of 16 must have the permission of their guardians to join a team. Participants may withdraw from a Team and may delete any content they have posted, at any time.
Content posted in a Team must not be reproduced in any form outside of the Team without the express permission of the original poster. Information about Team members may not be disclosed or sold in any form.
Team creators are responsible for all content posted to the Team and must actively monitor such content to ensure compliance. Infringing content must be flagged for removal at the earliest possible opportunity. This can be done by contacting contact@boundlessfit.com.
Users of any social media community must abide with the applicable group rules.
9. Prohibited Actions
9.1 Disruptive Use
You must not:
a. use the Services in any manner that damages, disables, overburdens or impairs and Website or interferes with any other party’s use of the Services
b. upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or contains other harmful, disruptive, or destructive files or content;
c. access the Services using another user’s login credentials, including reusing or sharing login crecentials among multiple users;
d. harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; or
e. use the Service in any manner that in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type.
9.2 No Commercial Use
You must not:
a. sell, rent, lease, sublicense or otherwise exploit any Actionary Content Services, or products supplied by Boundless Fit
b. copy or create derivative works based on the Boundless Fit Content or Services;
c. use any name, trademark, logo, or proprietary information of Boundless Fit or of any third-party displayed on the Services or Websites; or
d. upload or post any content that is advertizing, promotional material, junk mail, spam, or a contest or sweepstake.
9.3 Security
You must not:
a. access or attempt to gain access to the technical systems used to provide the Services;
b. circumvent any technological security measure in place regarding the Websites or Services.
c. access the Boundless Fit Content through the use of any mechanism other that through the Websites; or
d. modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that is part of the Services.
10. Our Enforcement Rights
Boundless Fit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, remove or disable access to any Boundless Fit Content, suspend or terminate your access to the Services and/or your account, or take any action we may deem appropriate, at any time and without notice, if we determine that the relevant content or your use of the Service is objectionable or in violation of these Terms.
11. Use at Your Own Risk
If you rely on any Boundless Fit Content or the Services you do so solely at your own risk. Under no circumstances will we be liable in any way for any Boundless Fit Content including, but not limited to, any errors or omissions in any Boundless Fit Content, or any loss or damage of any kind that incurred as a result of the use of any content. You acknowledge that Boundless Fit does not moderate or monitor the content posted to the Services. We make no endorsement, representation, or warranty of any kind about Boundless Fit Content including that we do not promise the accuracy, reliability, availability, integrity or quality of such content.
You should consult with your healthcare professional in relation to any fitness challenge or your health. We are not responsible for any health problems, issues with training or fitness or any damage (including damage to property) that may result from activity undertaken in relation to the Services. Information provided in relation to the Services is not medical, health, training, or fitness advice. See wavier for more info.
You should stop/pause exercising while viewing your progress on the app routes and should not attempt to continue exercising, walking, running, or performing any kind of movement while you are viewing the app, for your safety. You should use caution when viewing the app while exercising or moving and make sure your surroundings are safe to do so, whether inside or outside. Boundless Fit will not be liable under any circumstances for misuse of app and for unsafely using the app. You should use good judgement. You acknowledge that you use the app at your own risk.
12. Changes
Boundless Fit Content may change from time to time or vary by geographic location. Maps, directions and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
Boundless Fit Content may change from time to time or vary by movement. Movement and progress is monitored by steps taken and health devices on your phone. For more accurate stats, phone must be in a pocket that is tightly worn on your body, for best results. If phone is in a loose area, Boundless Fit results cannot be completely accurate.
Boundless Fit and its third party service providers may make improvements and/or changes in the Services, products, services, applications, features, programs, and prices at any time and for any reason in its sole discretion. The application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Boundless Fit reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion of the Services with or without notice. You agree that Boundless Fit shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
13. Third-Party Services
The Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (Third-Party Services) that are not under Boundless Fit’s control. This may include the opportunity for you to link your Boundless Fit account, data, or the Services with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from the Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Services are not part of the Services and are not controlled by Boundless Fit, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. Boundless Fit is not responsible for late data, errors in data, lack or loss of data from Third-Party Services. You also acknowledge that these Terms and the Privacy Notice do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy notice of statement that applies to your use of any Third-Party Services.
14. Price and Payment
Prices and the currency for payment are specified at the time of Purchase. Additional charges such as shipping, handling and sales taxes may apply. You agree to pay the specified price and any such additional charges, You are responsible for paying all external fees and taxes associated with your purchases, except in relation to pricing that is specified as being inclusive of sales tax and taxes based on our net income. We may change our pricing at any time, but any such change will only apply to a new order. Accounts and/or login details must not be shared for the purpose of avoiding paying fees.
15. Orders
Supply fo all Services is subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and to discontinue Services. We may refuse or cancel any order or limit any order quantity in our sole discretion, even after receving your order, We may also require additional qualifying information prior to accepting or processing your order.
16. Refunds and Returns
Our Refunds and Returns Policy applies to your purchases in relation to Boundless Fit. Except for any refunds or returns specified in that policy, all sales are final and the company does not provide returns except for goods that are damaged or defective on receipt (subject to any applicable consumer law) Boundless Fit is not responsible for customers’ failure to redeem a promo code or complete a challenge before any expiration date.
17. Termination
You may request to delete your account at any time by using the function within the apps, via the website or by contacting contact@boundlessfit.com. Upon any deletion, suspension, termination, or dicontinuation of the Services of your account, the following provisions of these terms will survive: Sections 1, 2, 3, 5, 6, 7, 9, 10, 11, 13, 14, 16, 18, 19, 20, 21 and 22.
18. Disclaimers
The information, software, products, services and content available through the Services are provided to you “as is” and without warranty. Boundless Fit subsidiaries, affiliates, officers, employees, agents, partners and licensors (Related entites) disclaim all warranties with regard to the same, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particulat purpose. Title and non-infringement. Boundless Fit and Related Entities make no warranty that (a) the Services willl meet your requirements; (B) your content will be available ot the Services will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you though the service will meet your expectations; and any errors in the Services will be corrected.
If you rely on any Boundless Fit Content or the Services you do so solely at your own risk. Under no circumastances will we be liable in any way for any Boundless Fit Content including, but not limited to, any errors of omissions in any Boundless Fit Content, or any loss of damage of any kind incurred as a result of the use of any content. You acknowledge that Boundless Fit does not moderate or monitor the content posted to the Services. We make no endorsement, representation, or warranty of any kind about Boundless Fit Content including that we do not promise the accuracy, reliability, availability, integrity or quality of such content.
You expressly agree that your athletic activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction, or negligence of Boundless Fit or by the action, inaction or negligence of others.
You should consult with your healthcare professional in relation to any fitness challenge or your health. We are not responsible for any health problems, issues with training or fitness or any damage (including damage to property) that may result from activity undertaken in relation to the Services. Information provided in relation to the Services is not medical, health, training, or fitness advice.
Boundless Fit’s maximum aggregate liability to you arising out of, or in connection with, these Terms or from the use of or inability to use the Services shall not exceed the greater of the amount you have paid to Boundless Fit to use of the Services in the 12-months prior to the date of the claim or one hundred US dollars (USD$100).
Boundless Fit is not liable for any indirect, special, incidental, or cons
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