The Company, “we” or “us” refer to Ozark Apps Development LLC and our representatives and affiliates.
“You” includes yourself, your representatives, your agents and any other third party acting on your behalf in connection with the Services (as defined below) as a user. A “user” is someone who accesses or in any way uses the Services.
We may amend these Terms at any time and for any reason. We ask that you stay up-to-date with this Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our website and application. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site or App. Changes will be effective immediately for new users of our Services. If you object to any such changes, we ask that you cease using the Services. By continuing to use the Services after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications.
ACCESS TO OZARK APPS DEVELOPMENT LLC ONLINE SERVICES
Some features of the Services may require registration for an account with Ozark Apps Development LLC (“Account”). You promise that any information about yourself that you provide to us will be true, accurate, complete, and current.
Unless otherwise agreed upon in writing and subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Services.
Username and Password
General access to the Site does not require registering for or logging into the Site, but the App may require registration or request that you provide us with information. These Terms govern use of all portions of the website and the application, regardless of registration. Registration on the App may require you to choose a username and password and/or to enter other information. Remember your username and password, and do not share your username or password with anyone. Your username and password will identify you to us when you return to our Site. If you forget your username or password, you may not be able to access certain portions of the Services. You are solely responsible to maintain the confidentiality of your username and password and for all activities when a user is logged into the Services by your username and password.
You agree to immediately notify Ozark Apps Development LLC of any unauthorized use of your username and password or any other security breach and ensure that you log out of the Services at the end of each session. Ozark Apps Development LLC will not be liable for damage or loss from your failure to comply with these Terms. You may be issued a new password or be required to change your password from time to time. Your username and password combination are not transferable to other users.
Ozark Apps Development LLC reserves the right to restrict, suspend, or terminate access to the Services for any username and password combination (each, an “Account”) because of inactivity or fraudulent activity under that Account, or any other reason we deem appropriate. We are available for your questions regarding use of the Services at email@example.com.
General Restrictions on Use
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (“Content”) and trademarks and logos (“Trademarks”) on the Services are owned or controlled by us, licensed by us and are protected by copyright, trademark laws and various other laws of the United States. We allow you to use the Services only for users’ personal, noncommercial purposes.
Provided that you are eligible to use the Services, we grant you a limited license to access and use the Services and to download any portion of the Content that you have properly gained access to solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Trademarks.
You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the Services to any third party. You agree not to combine or integrate the Services with hardware, software, or other technology or materials not provided by us. You may not alter or create any derivative product based on the Services. Except as expressly stated in these Terms, no part of the Services may be copied, reproduced, republished, distributed, displayed, downloaded, posted, or transmitted in any form or by any means. Any future amendments to the Services shall be subject to these Terms. You agree not to use the Services to violate local, state, national or international law; stalk, harass, or harm anyone; collect or store personal data about other users; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or interfere with the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Restrictions on Use of the Services
In addition to other restrictions set forth in these Terms, you agree that:
TERM AND TERMINATION
These Terms will become effective and binding when you use the Services, or when you voluntarily register for an Account (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Services at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Services. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
Once your Account is terminated, you acknowledge and agree that we may permanently delete your Account and all the data associated with it.
License and Ownership; Access to Services
User Content, such as text, graphics, or sounds provided by you as a result of use of the Services, remains the property of the User. Workouts logged through the Services are not considered User Content and the videos are not recorded or stored by the Services. However, we need limited rights from you to operate the Services with your activity. By logging an activity, you grant Ozark Apps Development LLC, its affiliates and subsidiaries a non-exclusive, royalty-free, nontransferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from your User Content submitted by you to the Services to the extent necessary to operate the Services, and provide the services, now and in the future.
The license in this section is revocable by us at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
We have the absolute discretion to remove any User Content posted or stored on the Services, and we may do this at any time and for any reason, although we have no obligation to do so.
DISCLAIMER OF WARRANTIES
OZARK APPS DEVELOPMENT LLC MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SERVICES OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT OZARK APPS DEVELOPMENT LLC IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND OZARK APPS DEVELOPMENT LLC.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, FOLLOWING AN ACTIVITY OFFERED ON THE SERVICES) 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 OZARK APPS DEVELOPMENT LLC OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE TO RELEASE OZARK APPS DEVELOPMENT LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (c) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OZARK APPS DEVELOPMENT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Compliance with Law
You agree to use the Services in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Ozark Apps Development LLC, negatively reflect on the goodwill or reputation of Ozark Apps Development LLC and shall take no actions which would cause Ozark Apps Development LLC to be in violation of any laws, rulings or regulations applicable to Ozark Apps Development LLC.
Governing Law; Venue
This agreement has been made in, and will be construed and enforced in accordance with the laws of, the State of Arkansas without regard to its principles of conflicts of laws. You and Ozark Apps Development LLC consent to the exclusive jurisdiction of the state and federal courts sitting in Washington County, Arkansas for any actions, suits or other proceedings arising out of, or related to, the enforcement of either party’s rights hereunder. You and Ozark Apps Development LLC agree not to commence any action suit or proceeding in any other court and hereby irrevocably and unconditionally waive any objection to the laying of venue in any such court. The parties each agree to waive their separate rights to a trial by jury.
When you visit the Services or send e-mail to Ozark Apps Development LLC, you are communicating electronically. We may communicate by posting notices on the Services or e-mail notifications. You agree that all notices, disclosures, and other communications that Ozark Apps Development LLC makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using the Services.