Terms of Service
Thank you for using Exerprise! The following describes our requirements for using our web sites, and mobile apps:
- You agree to use our services in an ethical, responsible, and lawful manner
- We respect intellectual property rights, and require our users to do the same
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using Exerprise online at exerprise.com and on mobile devices (collectively, "Service" or "Services") operated by Anabolic Aliens LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Changes To Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
Fees and Subscriptions
While the Standard Service is free for use, additional data charges may apply to you for mobile use of our Services through your mobile device. Additional fees may also apply for use of the Premium Subscription or other aspects of our Services. If there is a charge associated with a portion of the Services, you agree to pay that charge by accessing or using it. The price stated for the Services may be denominated in your local currency by iTunes App Store (http://itunes.apple.com), or any other applicable app store through which you download the Service (Exerprise) (each, an "App Store") on your device. Fees and charges are collected by the App Store on your device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. We rely on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to the Services may be suspended or cancelled if you do not make your payment on-time and/or in full. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
If you would like to buy the Premium Subscription of the Services, you do this with in-app subscriptions from the App Store on your device. You will be advised of the charge for the Premium Subscription of the Services before making payment and being billed. You must make all payments through a charge through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the Services (including any applicable taxes) at the rates in effect when the charges were incurred. BETWEEN YOU AND US, YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR MOBILE DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY AN APP STORE OR THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
Subscriptions are managed by the App Store directly. We do not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for at least thirty (30) days. Payment will be charged to your App Store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during active subscription period.
We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will try to provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our Service if such claims are reported to us.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Service by providing us for Notice of Copyright Claims with the following information:
(1) Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
(2) Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service or the exact location where such material may be found.
(3) Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
(4) Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
(5) Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
Anabolic Aliens LLC
16 Rumford Rd
Lexington, MA 02420
United States of America
Upon receipt of Notice as described above, we will take whatever action, in our sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that
(i) your Feedback does not contain the confidential or proprietary information of third parties,
(ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
(iii) we may have something similar to the Feedback already under consideration or in development, and
(iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
You agree not to misuse the Services or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
- tampering with the pictures/videos/content of the Service;
- sharing the pictures/videos/content of the Service without providing, or removing the attribution to the Service;
- use the Services or pictures/videos/content of the Service for any commercial or non-private use, it being understood that the Services are for personal, non-commercial use only;
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- abuse referrals or promotions;
- sell the Services unless specifically authorized to do so;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- misrepresent the source, identity or content of information transmitted via the Services;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services;
- intentionally interfere with or damage operation of the Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading
- violate the privacy or infringe the rights of others;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
- attempt to gain unauthorized access to the Services, or any part of these, other accounts, computer systems or networks connected to the Services, or any part of these, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or
- use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services or modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
We may publicly display advertisements and other information on our Services. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. Your use of the Service is at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS". WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any 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; (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 we have 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.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the State of Massachussetts, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide advance notice to you by posting an updated TOS on Exerprise at least 30 days in advance of the effective date of the updated TOS. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any additional questions or concerns about these terms, please feel free to contact us at firstname.lastname@example.org