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Simple Fitness & Nutrition, LLC

IRONPARK Platforms Terms of Use

Last Modified: January 17, 2024

Acceptance of the Terms of Use

Before using or accessing ironpark.com, mobile Platforms, or any other IRONPARK™ service or product (collectively the “Platforms”), please carefully read these Terms of Use together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”). By accessing or using the Platforms on any device, you agree to these Terms of Use and to any additional rules and guidelines found elsewhere on the Platforms. These Terms of Use are entered into by and between You and Simple Fitness & Nutrition, LLC (“Company”, “we” “us” or “our”). The following Terms of Use govern your access to and use of the IRONPARK™ Platforms, including any content, functionality and services offered on or through the Platforms, accessed on or through any computer, mobile phone, tablet, console or any capable device, whether as a guest, contributor or a registered user. Note that Section 24 of these Terms of Use contains an arbitration provision that may require the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By using, logging on, downloading, or otherwise accessing the Platforms or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use our Privacy Policy, found at https://ironpark.com/privacypolicy (“Privacy Policy”) and the Activity Release, found at https://ironpark.com/activityrelease (“Activity Release”), all incorporated herein by reference. If you do not agree to these Terms of Use, our Privacy Policy, and/or the Activity Release you must not access or use the Platforms.

These Platforms are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. For users who are between 13 and 18 years of age, parental consent is required prior to use of these Platforms. By using these Platforms, you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, your account may be deleted without warning. Users bear responsibility to proceed honestly and report any underage or improper use of these Platforms by contacting us at legal@ironpark.com. By accessing or using the Platforms, you represent and warrant that you have not been previously suspended or removed from the Platforms or engaged in any activity that could result in suspension or removal from the Platforms. You should not construe our publication of any content found on the Platforms as an endorsement by us of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of such content.

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 Platforms thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Platforms. Your continued use of the Platforms following the posting of revised Terms of Use signifies 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.

Accessing the Platforms and Account Security

We reserve the right to withdraw or amend these Platforms, and any service or material we provide on the Platforms, in our sole discretion without notice. We will not be liable if for any reason if all or any part of the Platforms are unavailable at any time or for any period. We do not represent or warrant that the Platforms will be free of errors or viruses. From time to time, we may restrict access to some parts of the Platforms, or the entire Platforms, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Platforms.
  • Ensuring that all persons who access the Platforms through your internet connection and/or device are aware of these Terms of Use and comply with them.

To sign up for the Platforms, you may register for an account (“Account”) on the Platforms by using your Facebook, private email or other credentials. You must provide accurate and complete information and keep your account information updated or risk termination of your account. You shall not make or use a username with the intent to impersonate another person, use a name subject to any rights of another person without appropriate authorization or use a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You agree to (a) provide accurate, current and complete Account information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Platforms on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Platforms. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the Platforms. You shall never use another person’s account or registration information for the Services without permission. You agree not to publish, distribute or post login information anywhere public for your Account. You shall have the ability to delete your Account through a request made to this email legal@ironpark.com though termination of your account does not terminate the obligations of these Terms of Use.

By accessing the Platforms using any other third-party credentials, you permit us to access your information from those services for use by the Platforms. You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on the third-party services. By using the Platforms, you authorize us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that you permitted the third-party services to provide to us.

To access the Platforms or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current and complete. You agree that all information you provide to register with these Platforms or otherwise, including but not limited to through the use of any interactive features on the Platforms, 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 choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Platforms or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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.

Intellectual Property Rights

The Platforms and their entire contents, 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. 

All user generated content including communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platforms users post or otherwise make available on or through the Platforms, except to the extent the content is copyrighted is owned by the Company.

These Terms of Use permit you to use the Platforms 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 material on our Platforms, except as follows:

  • Your device may temporarily store copies of such materials in RAM or in a digital cloud service incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your device for display enhancement purposes.
  • You may screenshot, print, or download one copy of a reasonable number of pages of the Platforms for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide interaction with third party sources such as social media with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from these Platforms.
  • 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 from these Platforms.
  • Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platforms.
  • Remove or obscure any proprietary notices on the Platforms.
  • Violate any applicable local, state, national and international laws and regulations.
  • Access or use for any commercial purposes any part of the Platforms or any services or materials available through the Platforms.

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

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platforms in breach of the Terms of Use, your right to use the Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platforms or any content on the Platforms is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platforms 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, the term IRONPARK, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks 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 on these Platforms are the trademarks of their respective owners.

Prohibited Uses

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

  • 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, abusing, harassing, defaming, libeling, deceiving, defrauding, or invading another person’s privacy or attempting to do any of the above to another person in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • For the purpose of publishing content that is obscene, vulgar, pornographic, offensive, profane, nude, sexual, or otherwise inappropriate as determined by us in our sole discretion.
  • To send, knowingly receive, upload, download, use or re-use any material which 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” or “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 e-mail addresses, user names, and/or screen names associated with any of the foregoing).
  • To register for more than one account on the Platforms, to register for an account on behalf of another person, group or entity, or to sell or transfer your account.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platforms, or which, as determined by us at our sole discretion, may harm the Company or users of the Platforms or expose them to liability.

Additionally, you agree not to:

  • Use the Platforms in any manner that could disable, overburden, damage, or impair the Platforms or interfere with any other party’s use of the Platforms, including their ability to engage in real time activities through the Platforms.
  • Use any robot, spider or other automatic device, process or means to access the Platforms for any purpose, including monitoring, data mining, scraping or similar data-gathering method on any of the material on the Platforms.
  • Use any manual process to monitor or copy any of the material on the Platforms or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Platforms.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platforms, the server on which the Platforms is stored, or any server, computer or database connected to the Platforms.
  • Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platforms.

User Contributions; Feedback

The Platforms may contain message boards, message systems, chat rooms, personal pages or profiles, forums, bulletin boards, challenge pages, daily logs, statistic boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platforms. All User Contributions must comply with the Content Standards set out in these Terms of Use. The Company will not review and does not endorse User Contributions before they are made public and is thus not responsible for any information, representations or warranties therein. Instead, the Platforms are passive channels for content distribution. Any interaction with or reliance on User Contributions is at your own risk.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platforms, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose according to your account settings. You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

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 Platforms.

Separate and apart from User Contributions, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about the Company, or the Platforms (collectively, “Feedback”). Feedback shall become the sole property of the Company. The Company shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Monitoring and Enforcement; Termination

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 the 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 Platforms or the public 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 Platforms.
  • Terminate or suspend your access to all or part of the Platforms for any or no reason, including without limitation, any violation of these Terms of Use.
  • Delete any and all account information without notice for any reason at our sole discretion.
  • Block users from certain IP address or device identification numbers to prevent access to the Platforms.
  • Retain User Contributions after an account is terminated on the Platforms or third-party services such as social media websites.

Without limiting the foregoing, we have the right to fully cooperate 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 Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review all material before it is posted on the Platforms, 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.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive 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 which 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
  • 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.

Instead, User Contributions should be relevant, on topic, and contain constructive comments or questions. Unless the Platforms ask for it, do not talk about policies, future products, speculations or rumors about the Company and its products, or anything else off topic.

DMCA Copyright Policy

The Company has the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the end of this policy.

Procedure for Reporting Copyright Infringement. If you believe that material or content on or accessible through the Platforms infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that the Company is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Please contact the Designated Agent, the Company’s Copyright Department, to Receive Notification of Claimed Infringement for the Company at legal@ironpark.com or write to us at: Simple Fitness & Nutrition, LLC, 2375 E. Camelback Rd., Suite 600, Phoenix, Arizona 85016 or contact us at 917-765-8863.

Reliance on Information Posted

The information presented on or through the Platforms 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 visitor to the Platforms, or by anyone who may be informed of any of its contents.

These Platforms include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, 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.

Changes to the Platforms

We may update the content on these Platforms from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Platforms may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Platforms

All information we collect on these Platforms are subject to our Privacy Policy. By using the Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Purchases and Other Terms and Conditions

All purchases through our Platforms or other transactions for the sale of goods, services, or information through the Platforms or as a result of visits made by you are governed by our Terms of Sale, available at https://ironpark.com/termsofsale which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Platforms. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Apple Store Terms

With respect to users who have downloaded the Platforms from the Apple App Store (“Application”), you will use the Application only:

  • on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and
  • as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The Company reserves all rights in and to the Application not expressly granted to you under these Terms.

You acknowledge and agree that:

  • these Terms are valid between you and the Company only, and not Apple, and
  • the Company, not Apple, is solely responsible for the Application and content thereof. Your use of the Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. As between the Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.

You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to:

  • product liability claims;
  • any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection or similar legislation.

You and the Company acknowledge that, in the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms of Use as related to your license of the Application against you as a third-party beneficiary thereof.

Without limiting any other provisions of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the Application.

Mobile Services

The Platforms contain services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using the Company’s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we do not send your messages to an unauthorized person.

Linking to the Platforms and Social Media Features

You may link to our Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Platforms may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on these Platforms.
  • Send e-mails, messages, or other communications with certain content, or links to certain content, on these Platforms.
  • Cause limited portions of content on these Platforms to be displayed or appear to be displayed on your own or certain third-party websites.
  • Access log-in information or credentials from third-party websites as a way create an account on these Platforms.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You must not take any action with respect to the materials on these Platforms that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Platforms

If the Platforms contain 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 sites linked to this Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Geographic Restrictions

The owner of the Platforms is based in the state of Arizona in the United States. We provide these Platforms for use only by persons located in the United States. We make no claims that the Platforms or any of their content is accessible or appropriate outside of the United States. Access to the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms 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 have no special relationship with or fiduciary duty to you. You understand that we cannot guarantee and do not promise any specific results from use of the Platforms. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platforms 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 Platforms for any reconstruction of any lost data. 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 CAUSE DAMAGE TO YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ANY SERVICES, CONTENT, MATERIALS OR PRODUCTS OBTAINED THROUGH THE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.

YOUR USE OF THE PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORMS, THEIR CONTENT AND ANY SERVICES, MATERIALS OR PRODUCTS OBTAINED THROUGH THE PLATFORMS 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 PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORMS, THEIR CONTENT OR ANY SERVICES, MATERIALS OR PRODUCTS OBTAINED THROUGH THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

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 PLATFORMS, ANY SITES LINKED TO THEM, ANY CONTENT ON THE PLATFORMS, OR SUCH OTHER SITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS, 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. YOUR ONLY REMEDY AGAINST THE COMPANY FOR USE OF THE PLATFORMS OR ANY OF THEIR CONTENT IS TO STOP USING THE PLATFORMS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF, IN THE EVENT THAT THE COMPANY IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS CONNECTED TO YOUR USE OF THE PLATFORMS, THE COMPANY’S LIABILITY SHALL NOT EXCEED $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, 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 Platforms, including, but not limited to, your User Contributions, any use of the Platforms’ content or other users’ content, services, conduct, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platforms.

Governing Law and Jurisdiction

All matters relating to the Platforms and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platforms shall be instituted exclusively and individually, rather than as a class action, in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Phoenix and County of Maricopa, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Class Action Waiver; Arbitration

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Platforms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

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 PLATFORMS 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 forth 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. This agreement will survive the termination of your relationship with us.

Entire Agreement

The Terms of Use, our Privacy Policy, the Activity Release, and any Terms of Sale, as applicable, constitute the sole and entire agreement between you and Simple Fitness & Nutrition, LLC with respect to the Platforms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platforms.

Your Comments and Concerns

These Platforms are operated by Simple Fitness & Nutrition, LLC, 2375 E. Camelback Rd., Suite 600, Phoenix, Arizona 85016. All other feedback, comments, requests for technical support and other communications relating to the Platforms should be directed to: legal@ironpark.com.