Date of Last Revision: June 1, 2021.

 

BEFORE USING THE SHAREVGO FITNESS APPLICATIONS OFFERED BY US, SHAREVGO, LLC. ("SHAREVGO"), A CALIFORNIA LIMITED LIABILITY COMPANY, PLEASE REVIEW THIS AGREEMENT CAREFULLY AND CHECK FOR UPDATES REGULARLY. THIS AGREEMENT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES AGAINST US AND CERTAIN THIRD PARTIES. YOU SHOULD READ THESE TERMS OF SERVICE IN CONJUNCTION WITH THE SHAREVGO, LLC. PRIVACY POLICY.

 

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Service"), which also incorporate ShareVgo's Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by ShareVgo, each of which is incorporated by reference and each of which may be updated by ShareVgo from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Service" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by ShareVgo from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site.

 

Access

Subject to these Terms of Service, ShareVgo may offer to provide the Service, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services ShareVgo performs for you, any applications offered by ShareVgo that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., App store, or Google Apps Marketplace) authorized by ShareVgo, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

 

Registration and Eligibility

As a condition to using the Service, you are required to register with ShareVgo and represent, warrant and covenant that you provide ShareVgo with accurate and complete registration information (including, but not limited to a Model Name of the equipment or device you purchased, a User Name ("First Name" and "Last Name" ), email address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your ShareVgo account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.

You shall not:

• create any account for anyone other than yourself without such person's permission;

• use a User Name that is the name of another person with the intent to impersonate that person;

• use a User Name or ShareVgo account that is subject to any rights of a person other than you without appropriate authorization; or

• use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

ShareVgo reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your ShareVgo password. You shall never use another user's account without such other user's prior express permission. You will immediately notify ShareVgo in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service. The Service is not available to individuals who are younger than 13 years old. ShareVgo may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You may only access our Service using a device that is manufactured, distributed, or sold by ShareVgo’s authorized sellers. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access our Service. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

 

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. ShareVgo cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Service, the term "Content" includes, without limitation, any location information, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by ShareVgo on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions."

 

ShareVgo Content

The Service contains Content specifically provided by ShareVgo or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms of Service, ShareVgo grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from ShareVgo, or from the copyright holder identified in such Content copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

 

User Submissions

You understand that all information publicly posted or privately transmitted through the ShareVgo Fitness application is the sole responsibility of the person from which such Content originated; that ShareVgo will not be liable for any errors or omissions in any Content; and that ShareVgo cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

 

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

 

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

• you know is false, misleading, untruthful or inaccurate;

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by ShareVgo in its sole discretion;

• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

• contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ShareVgo or any third party;

• impersonates any person or entity, including any employee or representative of ShareVgo;

• includes anyone's identification documents or sensitive financial information; or

• breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

If the User Submission includes a photograph, ShareVgo has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not (directly or indirectly):

• take any action that imposes or may impose (as determined by ShareVgo in its sole discretion) an unreasonable or disproportionately large load on ShareVgo's (or its third party providers') infrastructure;

• interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

• bypass any measures ShareVgo may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);

• run any form of auto-responder or "spam" on the Service;

• use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;

• harvest or scrape any Content from the Service;

• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by ShareVgo;

• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;

• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

• otherwise take any action in violation of ShareVgo's guidelines and policies.

ShareVgo does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. ShareVgo has no obligation to monitor the Site, Service, Content, or User Submissions. However, ShareVgo reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if ShareVgo is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. ShareVgo also reserves the right to access, read, preserve, and disclose any information as ShareVgo reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ShareVgo, its users and the public.

 

Use ShareVgo Services At Your Own Risk

If you rely on any ShareVgo Content or Service, you do so solely at your own risk. Our goal is to provide helpful and accurate information on the ShareVgo Service, but we make no endorsement, representation, or warranty of any kind about any ShareVgo Content, information, or Services. The accuracy of the data collected and presented through the ShareVgo Service is not intended to match that of medical devices or scientific measurement devices.

 

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Service. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the ShareVgo Service. Use of the ShareVgo Service should not replace your good judgment and common sense.

 

The ShareVgo Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the ShareVgo Service. If you experience a medical emergency, stop using the Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the ShareVgo Service. You agree that you do so at your own risk and are voluntarily participating in these activities.

 

Third Party Sites and Services

Our Service is provided using some third-party resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such resources; or (ii) the products, or services on or available from such resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Termination

ShareVgo may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties

Save to the extent required by law, ShareVgo has no special relationship with or fiduciary duty to you. You acknowledge that ShareVgo has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

 

You release ShareVgo from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. ShareVgo makes no representations concerning any Content contained in or accessed through the Service, and ShareVgo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

 

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

 

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, SHAREVGO AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. ShareVgo will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that ShareVgo has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ShareVgo or through the Service, will create any warranty not expressly made herein.

 

Indemnity

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAREVGO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SHAREVGO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

 

Limitation of Liability

ALL LIABILITY OF SHAREVGO, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICE, CONTENT, OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF SHAREVGO, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHAREVGO, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT SHAREVGO, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SERVICE, CONTENT, OR USER SUBMISSIONS FOR:

• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;

• LOSS OF ACTUAL OR ANTICIPATED PROFITS;

• LOSS OF REVENUE;

• LOSS OF GOODWILL;

• LOSS OF DATA;

• LOSS OF ANTICIPATED SAVINGS;

• WASTED EXPENDITURE; OR

• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF SERVICE. 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 TO YOU. IN SUCH CASES, SHAREVGO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Governing Law

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and ShareVgo agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

Government Use

The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Service.

 

Integration and Severability

These Terms of Service are the entire agreement between you and ShareVgo with respect to the Service and use of the Service, Content, or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ShareVgo with respect to the Site. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, ShareVgo must provide you with written notice of such waiver through one of its authorized representatives.

 

Modification of Terms of Service

ShareVgo reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. ShareVgo may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Miscellaneous

ShareVgo shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ShareVgo's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with ShareVgo's prior written consent. ShareVgo may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

Contact

Should you have any concerns about your Terms of Service or any of the issues covered in this statement, please contact support@sharevgo.com

 

Effective Date: January1, 2019

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