Terms and Conditions
Terms of Service
Age and Eligibility
In order to use the Website, you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at firstname.lastname@example.org. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the “Registration Data”) is accurate and complete.
The Website should not be used by people who have adverse medical or nutritional conditions. See “Precautions” below.
You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
Content found on the Website is for informational purposes only and is not intended to replace the relationship with your physician, medical provider, any other health care professional or other provider of service to you. We are not a licensed medical care provider and have no expertise in diagnosing, examining or treating medical conditions of any kind or in determining the effect of any specific technique, strategy or exercise on a medical condition. You should always consult a physician or other health care professional before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Maintain Momentum requires that you consult with your physician or other healthcare professional before following any training instructions you receive through the Website. Not all exercises or activities described on the Website are suitable for everyone. You should understand that when participating in any exercise or training program, there is the possibility of injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Website should not be used by people who have adverse medical or nutritional conditions. By using the Website, you represent that you have received consent from your physician or healthcare provider to participate in the programs and exercises described on the Website.
We are not responsible for any health problems that may result from training programs, products or events you learn about through the Website. If you engage in any program you receive through the Website, you agree that you do so at your own risk and are voluntarily participating in these activities.
Information on the Website
We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness or correct use of information you receive through the Website. Reliance on any information provided by Maintain Momentum, its employees or others appearing on the Website by invitation or as visitors is solely at your own risk.
User Generated Content
Registration and Password
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Maintain Momentum the right to use your information in connection with the operation of the Website. Maintain Momentum cannot and does not assume any responsibility or liability for any information you submit or your or third parties’ use or misuse of information submitted.
You represent that the information that you provide about yourself as requested in the Maintain Momentum registration form (the “Registration Data”) is accurate and complete and you agree to update your account information, as necessary, including providing Maintain Momentum with your current email address, so that you may receive notifications and other account-related communications.
Ownership of the Website
Except for the User Generated Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks and other intellectual property rights therein, are owned by Maintain Momentum or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain Maintain Momentum’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content) or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by Maintain Momentum to you are retained by Maintain Momentum and its licensors.
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing on another’s intellectual property rights or illegal. Users found using email information in this manner may be stripped of their enrollment. We are not responsible for the content of email messages sent to you by our users or from third parties.
There are several areas on the Website on which users may post information, including Message Boards, Initiatives blogs and Community Forums. Any information posted to the Community Pages can be viewed by members who visit the Website. Maintain Momentum does not endorse any information posted on the Community Forums and posts made by users do not necessarily reflect the views of Maintain Momentum. Information on the Community Forums should not be taken as medical or professional advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Forums is at your own risk.
In using our Community Forums, you agree to follow our Community Guidelines which include the following provisions:
Respect everyone’s opinions. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
Do not post profane or explicit content
Do not post profile pictures that might be considered inappropriate.
Do not post communications that could be interpreted as threatening or harassment.
Do not post, advertise or promote products commercially.
If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED." We may determine in our sole discretion whether to close or delete threads.
Maintain Momentum has the right to remove a post on the Community Forum if it does not meet these standards or for any other reason Maintain Momentum deems appropriate.
Your communications, dealings or meetings with any other users on the Website, including communications, dealings or meetings initiated through the Website, are solely between you and such users and you are solely responsible for such communications, dealings or meetings. Maintain Momentum reserves the right, but has no obligation, to monitor disputes between you and any other users on the Website. Maintain Momentum is not responsible or liable in any manner for any loss or damage arising out of your communications, dealings or meetings with any other users.
When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity and/or civil and criminal statute and you will be responsible for any liability arising from such violations.
User Indemnification of Maintain Momentum
Changes to Website
Maintain Momentum may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. You agree that Maintain Momentum shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.
Third Party Websites
Content and Warranty Disclaimer
THE WEBSITE IS PROVIDED BY Maintain Momentum AND ITS AFFILIATES “AS IS.” NEITHER Maintain Momentum NOR ITS PARTNERS, SUPPLIERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, Maintain Momentum AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Maintain Momentum DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL Maintain Momentum BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Maintain Momentum HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF Maintain Momentum, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G.: CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. Maintain Momentum’s AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations, applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Your affirmative act of using this Website and/or registering to the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.
The Website may provide links or references to Websites operated by third parties. Once you enter another Website, please be aware that Maintain Momentum is not responsible for the privacy practices of these other sites. We encourage you to review the privacy policies of each site that you visit through a link on our Website.
If you do not want to receive special offers, marketing communications, newsletters or other promotional communications (“Marketing Communications”) from Maintain Momentum, you may “opt-out” or withdraw your consent in the following manners:
(a) You may “opt-out” of Marketing Communications that you are already receiving from us by following the steps described in each such Marketing Communication.
(b) You may also control the communications you receive from us by logging into your Account and updating your email Notification Settings.
Please note that once we receive your request, it may take an additional period of time for such request to become effective. Also note that after you “opt-out”, Maintain Momentum may still send you certain communications that are not primarily for marketing purposes and that Maintain Momentum deems important for all Website users to receive, such as notifications regarding technical problems with the Website.
User Generated Content
You may elect to submit User Generated Content via the Website. If at any time you share User Generated Content on areas of the site that are generally only accessible to other Website users, such content is considered “User Generated Content.”
You have control over what information about yourself you choose to share on the Website.
Content without your Permission
You may modify or delete your User Generated Content in accordance with the instructions on the Website. Please be aware that even if Maintain Momentum deletes such User Generated Content from its ‘live’ databases, such information may still be stored on other databases (including those kept for archival purposes). We will not retrieve deleted content from our archives in order to publish it on the Website or elsewhere, but please be aware that any Public User Generated Content that you delete but that has been published or distributed in media other than the Website prior to deletion may remain publicly available on areas other than the Website in accordance with the User Generated Content License.
Website Usage Information
We may collect information automatically about the use of the Website, through “cookies” or “IP addresses”, for example (as described below). Maintain Momentum also archives log files and uses non-personally identifying information in aggregate form to detect errors with the Website, identify security issues, to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behaviour of Maintain Momentum users and measure demographics and interests in connection with specific areas of the Website. We may provide such statistical data to our affiliates and other current and potential business partners. For example, we may inform these third parties as to the number of people who have seen and clicked on links to their Websites. We also use such data to create a more enjoyable experience for our users, for example, to assist in selecting content featured on specific pages and site areas based on your general likes and dislikes.
Use of Contractors and Service Providers
Maintain Momentum uses third parties (including contractors and service providers) to help with certain aspects of its operations, which may require disclosure of your Personal Information to them. For example, Maintain Momentum may use a third party to communicate with you (via telephone, email or letter) about our services, to send information to you, to host the Website and related databases and to perform other work that we may choose to outsource. Maintain Momentum requires these third parties to use your Personal Information only as necessary to perform the services they are asked to perform.
We use a combination of multiple firewalls and multiple levels of physical security to protect the Personal Information you share with us from unauthorized access or disclosure. We encrypt your password when it is submitted to us in order to protect the Personal Information you share with us from unauthorized access or disclosure. However, you should know that no company, including Maintain Momentum, can fully eliminate security or other risks associated with the possession of Personal Information. For example, we may be legally required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. You are responsible for maintaining the confidentiality of your login information and password.