MyFitnessPal Agreement and Altitude of Use
Effective Date: December 18, 2020
Welcome to MyFitnessPal. These Agreement and Altitude of Use administer and govern your use of our website and adaptable appliance (the “App”) and are advised to actualize a positive, law-abiding association of our users. By application MyFitnessPal, you are accordant to all the agreement and conditions below.
MyFitnessPal, Inc. and any almsman article (referred to throughout as “MyFitnessPal,” “we” or “us”), offers a array of content and casework through the MyFitnessPal website and App (collectively, the “Services”).
Please agenda the summaries in black boxes at the top of best sections are provided to accomplish the Agreement easier to understand. In the accident of a conflict amid any arbitrary and any area of the Terms, the Terms will control.
Please feel chargeless to acquaintance us through our Support Team if you accept any questions or suggestions.
1. Use of the Casework and Your Account
1.1 Who can use the Services
You charge be at atomic 18 years old to use the Services.
1.2 Your Account
You may charge to actualize a MyFitnessPal annual to admission the Services, and it's important that you accumulate your annual authentic and up-to-date (particularly your email abode - if you anytime balloon your password, a working email abode is generally the alone way for us to verify your identity and advice you log aback in).
You may charge to annals for a MyFitnessPal annual to admission or use certain Services. Your annual may additionally automatically accommodate you access and agency to use any new Services.
When you actualize an annual for any of our Services, you charge accommodate us with authentic and complete advice as prompted by the account creation and allotment process, and accumulate that advice up to date. Otherwise, some of our Casework may not accomplish correctly, and we may not be able to acquaintance you with important notices.
You are amenable for advancement the acquaintance of any and all actions that booty abode while application your account, and charge notify our Support Team right away of any absolute or doubtable loss, theft, or crooked use of your account or annual password. We are not amenable for any accident that results from crooked use of your username and password.
If you are a citizen of the European Union: You accept the appropriate to delete your annual with us by contacting our Support Team. If you accept to permanently annul your account, the clandestine Claimed Abstracts that we have associated with your annual will additionally be deleted.
1.3 Account Updates, Changes and Limitations
Our Casework are consistently evolving. With the barrage of new products, services, and features, we charge the adaptability to accomplish changes, impose limits, and occasionally append or abolish assertive Services. We may also amend our Services, which ability not assignment appropriately if you don't install the updates.
The Casework change frequently, and their anatomy and functionality may change after above-mentioned apprehension to you.
We may accommodate updates (including automated updates) for certain Services as and back we see fit. This may accommodate upgrades, modifications, bug fixes, patches and added absurdity corrections and/or new features (collectively, “Updates”). Assertive portions of our Services may not appropriately accomplish if you do not install all Updates. You acknowledge and accede that the Casework may not assignment appropriately if you do not acquiesce such Updates and you especially accord to automated Updates. Further, you accede that the Agreement (and any added modifications of the same) will administer to any and all Updates to the Services. We may change, suspend, or abandon any or all of the Casework at any time, including the availability of any product, feature, database, or Content. In addition, we accept no obligation to accommodate any Updates or to continue to accommodate or accredit any accurate appearance or functionality of any Service. We may additionally appoint banned on assertive Casework or restrict your admission to allotment or all of the Casework after apprehension or liability.
1.4 Account Ecology and Suspension
We assets the appropriate to debris to accommodate the Casework to anyone, and can monitor, abolish or append your annual or admission to the Services at any time.
We assets the right, but accept no obligation, to adviser any accounts and/or activities conducted through or in any way accompanying to the Services (including agreeable a adolescent user into a association or group), as able-bodied as any user’s use of or admission to Claimed Data, and profiles of other users.
We may additionally deactivate, abolish or append your annual or admission to certain Casework at any time: (1) if we, in our sole discretion, determine you are or accept been in abuse of these Agreement or the spirit thereof (as accent in our Association Guidelines), (2) if we, in our sole discretion, actuate you accept created accident or accessible legal exposure for MyFitnessPal, the accepted public, any third party, or any user of our Services, (3) in acknowledgment to requests by law administration or other government agencies, (4) aloft cessation or material modification of any Services, or (5) due to abrupt abstruse issues or problems. We will endeavor to acquaint you by email or the abutting time you attack to admission your annual afterwards any such deactivation, termination or suspension.
Please let us apperceive appropriate abroad if you accept your annual has been hacked or compromised.
We affliction about the aegis of our users. While we assignment adamantine to protect the aegis of your Claimed Data, User-Generated Content, and account, we cannot agreement that crooked third parties will not be able to defeat our aegis measures. Amuse acquaint our Support Team immediately of any actual or doubtable aperture or crooked admission or use of your account.
2. Buying and Use of Content
Content is what shows up in-app or on the website back you use our Services. User-Generated Agreeable is any Agreeable that is created by you or added users, and MyFitnessPal Agreeable is all added Content.
For purposes of these Terms, (i) “Content” means any anatomy of information, abstracts or artistic announcement and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, geo-data, workouts and conditioning data, biometric abstracts and abstracts elements derived therefrom, meal, or fettle training plans, annotations, nutrition information, recipes, alternate features, designs, copyrights, trademarks, account marks, branding, logos, and added agnate assets, patents, sounds, applications and any bookish acreage therein, any of which may be generated, provided, or contrarily fabricated attainable on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or contrarily provides to or through the use of the Services; and (iii) “MyFitnessPal Content” means all Agreeable that is not User-Generated Content.
You own the Agreeable that you create, and we own the Agreeable that we create.
All MyFitnessPal Agreeable and all copyright, trademarks, architecture rights, patents and added bookish acreage rights (registered and unregistered) in and on the Casework accord to MyFitnessPal and/or its partners or applicative third parties. Anniversary user retains ownership, responsibility for, and/or added applicative rights in the User-Generated Content that he/she creates, but grants a authorization of that User Generated Content to MyFitnessPal as explained in Area 2.5 below. MyFitnessPal and/or its ally or third parties absorb ownership, responsibility for and/or added applicative rights in all MyFitnessPal Content. Except as especially provided in the Terms, annihilation grants you a appropriate or license to use any MyFitnessPal Content, including any agreeable endemic or controlled by any of our ally or added third parties. You accede not to duplicate, publish, display, distribute, modify, or actualize derivative works from the actual presented through the Casework unless specifically accustomed in autograph by us.
2.3 Our Authorization to You
You are acceptable to admission and use the MyFitnessPal Agreeable and Services. We assignment adamantine to accommodate a abundant acquaintance for our users, so please account our bookish acreage rights and alone use the MyFitnessPal Agreeable and Casework as intended. This includes not using any MyFitnessPal Agreeable or Casework for bartering purposes after our permission. We do accept APIs and added accoutrement you can use to advice create your own apps and products. Contact us to acquisition out more.
Subject to your acquiescence with these Terms, we admission you a limited, revocable, personal, non-transferable, and non-exclusive appropriate and license to admission and use the Casework and MyFitnessPal Agreeable for your own personal, noncommercial purposes, provided that you do not (and do not acquiesce any third affair to) copy, modify, actualize a acquired work from, about-face engineer, sell, assign, sublicense, admission a security interest in, alteration or contrarily commercially accomplishment any appropriate in the MyFitnessPal Agreeable or Services.
2.4 Adequate Acceptance Guidelines
2.4.1 MyFitnessPal Content. Except as especially acceptable by applicable law or accustomed by MyFitnessPal, you accede not to modify, rent, lease, loan, sell, distribute, or actualize derivative works based on the Services, the Services’ software, or any MyFitnessPal Agreeable offered as allotment of the Casework (other than User-Generated Content), in accomplished or in part. You shall not download, copy, or save MyFitnessPal Content, except (i) as expressly acceptable by the functionality of assertive Casework as provided for in the specific guidelines and/or added terms applicable to those Services, or (ii) alone for claimed use or your records.
2.4.2 Bartering Acceptance of the Services. The Services, with the exception of assertive articles and casework provided though MyFitnessPal branded websites we accomplish accessible as accoutrement for website owners (collectively, the “Commercial Tools”), are advised only for your personal, non-commercial use. You shall not use the Services (other than assertive Bartering Tools) to advertise a artefact or service, access cartage to your own website or a third-party website for bartering affidavit (such as announcement sales), or otherwise undertake any endeavor aimed at anticipation revenue. For example, you shall not booty the after-effects from a chase of the Services and reformat and affectation them, or mirror our home pages or results pages on your website. Moreover, you shall not “meta-search” our Services. If you seek to accomplish bartering use of the Services other than through the Bartering Tools, you charge access into an agreement with us to do so in advance. To apprentice added about the Commercial Tools, amuse acquaintance us our Support Team. By application any of the Commercial Tools, you accede and accede to the Agreement and any additional agreement and altitude applicative to those baddest Services.
2.4.3 Bond to the Services. If you would like to articulation to our Services on your website or App, amuse chase these rules: (i) any link to the Casework charge be a argument alone articulation acutely marked “MyFitnessPal” (without the use of any added trademark, logo copyright or any added bookish acreage asset endemic or controlled by MyFitnessPal) or in some added architecture directed by us, (ii) the appearance, position and added aspects of the articulation may not accident or adulterate the amicableness associated with our marks, (iii) the articulation charge “point” to the basis area name of the Casework and not to added pages aural the Services, (iv) the appearance, position and added attributes of the articulation may not actualize the false appearance that your alignment or article is sponsored by, affiliated with, or associated with MyFitnessPal, (v) back selected, the articulation charge affectation the Account on full-screen and not aural a “frame” on the bond website or service, and (vi) we assets the right to abjure its accord to the articulation at any time and in its sole discretion, and aloft our notification to you of such abolishment of consent, you accede to promptly abolish the accordant link.
2.5 Your Authorization to Us
When you column Agreeable in affiliation with the Services, it belongs to you - however, you're giving us permission to use that Agreeable in connection with our Casework and accomplish the Agreeable accessible to others. We can adapt or abolish your Agreeable from our Casework at any time for any reason. Don't column any Agreeable that is not castigation or that you do not have permission to post.
When you accommodate User-Generated Agreeable to MyFitnessPal through the Services, you admission us and our users a non-exclusive, irrevocable, royalty-free, advisedly transferable, sublicensable, common appropriate and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), accomplish (publicly or otherwise), distribute, transmit, modify, acclimate (including, after limitation, in adjustment to conform to the requirements of any networks, devices, services, or media through which the Casework are available), commercialize, create derivative works of, and contrarily accomplishment such User-Generated Content in affiliation with any and all Services. You accede and accede that: (a) we accept the appropriate to align the announcement of User-Generated Content in any way we desire; (b) we accept no obligation to accommodate you with any credit back application your User-Generated Content, but if we accept to provide you with credit, the admeasurement and adjustment of the acclaim is at our sole discretion; and (c) you are not advantaged to any advantage or other acquittal from us in affiliation with the use of your User-Generated Content.
We assets the appropriate to monitor, abolish or adapt User-Generated Content for any acumen and at any time, including User-Generated Agreeable we believe violates these Terms, the Association Guidelines, and/or our policies.
You accede you will account the bookish acreage rights of others. You represent and accreditation you accept all the all-important rights to grant MyFitnessPal the above authorization for all User-Generated Agreeable you submit in affiliation with the Casework and will atone us for any breach of this representation and warranty.
2.6 Overextension the Word
If you allotment addition else's Claimed Abstracts with us, you charge aboriginal get their permission.
We achievement you adore application our Casework and animate you to allotment your enthusiasm for them with your friends. If you accept to use the features in our Casework to acquaint a acquaintance about the Services, we will ask you to provide your friend’s email abode or amusing media profile, which we may again use to acquaintance your acquaintance about the Services. We may abundance the information you accommodate for a aeon of time, but we will not column this information publicly. You represent and accreditation that you are authorized to accommodate any third-party acquaintance advice that you accommodate to us for referrals and will atone us for any aperture of this representation and warranty.
2.7 Agreeable Retention
Please accumulate in apperception that back you accomplish article about accessible on the Internet, it becomes about absurd to booty bottomward all copies of it in the future.
3. Association Guidelines
3.1 Alternate Areas
Our Casework generally accommodate association features. Back you column content through these appearance that agreeable may become public. We may, but do not always, adviser our association features, and ultimately you are responsible for your interactions with added users. Amuse use good judgment and comedy fair.
Some of our Casework may accommodate reviews, altercation forums, conversation pages, blogs or added alternate areas or amusing features that acquiesce you and added users to column User-Generated Agreeable and interact with one addition (“Interactive Areas”). You are solely responsible for your use of the Alternate Areas and for any User-Generated Agreeable you post, including the transmission, accuracy and abyss of the User-Generated Content. As the Alternate Areas are generally public, you accept your User-Generated Agreeable may be made and abide public. You should, accordingly, never column any Claimed Data in an Alternate Area.
We are entitled, but accept no obligation, to adviser our community features. You are alone amenable for your interactions with other users, whether online or in person, including but not bound to comments, challenges, and affable competition. We accept no responsibility or accountability for any accident or accident consistent from any interaction with added users who apply the Services, individuals you meet through the Services, or individuals who acquisition you because of Content acquaint on, by or through the Services. MyFitnessPal is beneath no obligation to become complex in and disclaims all accountability accompanying to any disputes amid its users and you absolution MyFitnessPal from all responsibility and accountability arising out of or in affiliation with such dispute.
3.2 Association Guidelines
Our Casework are advised to be a safe and admiring ambiance to help you ability your fettle and wellness goals. You cannot use our services to column inappropriate material, annoy people, accelerate spam, violate bookish acreage rights, or act inappropriately. Be reasonable and act responsibly.
Our Casework are advised to actualize a safe and admiring association for all users. To advance a safe and absolute environment, we require everyone to accede to and chase assertive rules (the “Community Guidelines”) back announcement User-Generated Agreeable and application the Services. Our Association Guidelines are based in abounding instances on principles of applicative law. Violations of our Association Guidelines may expose you to bent accuse and civilian liability. By application the Services you accede that your User-Generated Agreeable and use of the Services, including after limitation the Alternate Areas, will not violate the Association Guidelines. If you breach the Community Guidelines, we assets the appropriate to abolish your admission to the Services.
No Inappropriate Content. Don’t column Agreeable that is stalking, threatening, hurtful, harassing, abusive, or awkward to other members of the community. No aspersing references to sex, gender, age, weight, anatomy type, disability, ethnicity, religion, or sexual orientation, or endorsement of abandon adjoin any being or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any accumulation or community. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually absolute material. You can respectfully disagree with a message, column or topic, but please do not advance added users by biting or calumniating them. If you are attacked by addition user, and you reciprocate, you may also be accountable to the aforementioned consequences.
No Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, amuse break on-topic in an existing thread, and column new accoutrement in the adapted forum. Demography a thread off-topic is advised hijacking. This includes posts that provoke or are advised to abet uproar.
No Advance of Alarming Weight-Loss Techniques or Eating Disorders. Use of the Casework to promote, glamorize, or achieve dangerously low levels of bistro is not permitted. Accordingly, please do not accord the afterward types of Content, which may be removed after warning:
Content advised to advance potentially alarming or controversial weight accident articles or procedures, including non-medically prescribed supplements.
Profiles, groups, messages, posts, or bank comments that encourage anorexia, bulimia, or actual low calorie diets. This includes absolute references to ana/mia, purging, or self-starving.
Photos advised to adorn acute thinness.
No Abuse to Minors. Don’t use the Casework in a way that harms minors (or anyone, really).
No Disruptions, Exploits, or Ability Abuse. Do not interfere with or accident operation of the Services, including through unauthorized use, disruption, automatic attacks, exploitation, or abuse of our resources
No Sending Spam and Clutter Mail. Don’t spam bodies via posts, replies, or messages.
No Actionable Content. Don’t advocate, promote, or abetment any fraudulent or actionable act (e.g., violence, clothing and computer misuse).
No Soliciting Claimed Data. Please don’t column or solicit Personal Abstracts apropos or from any third party, including photographs, blast numbers, artery addresses, aftermost names, email addresses and passwords in the Alternate Areas.
No Accessible Announcement of Clandestine Conversations. Don’t about post an email or clandestine bulletin from any added user, adjudicator or administrator.
No Aperture of Acknowledged Duty. Don’t column Agreeable in aperture of any contractual or added acknowledged assignment owed to a third party.
No Ambiguous or Counterfeit Links. Don’t column ambiguous or fraudulent links. This includes links with ambiguous descriptions, putting the amiss “source” acreage in a post, ambience misleading click-through links on images, or embedding links to interstitial or pop-up ads.
No Bookish Acreage Infringement. Respect the intellectual property of others. If you aren’t accustomed to use addition else’s proprietary assignment or affinity (either by authorization or by legal exceptions and limitations such as fair use), amuse don’t column it. In particular, if you accept any acumen to accept User-Generated Content you see on our Casework is anarchic your intellectual property or the bookish acreage of others, amuse see the Intellectual Property/DMCA area of our Terms.
No Impersonating MyFitnessPal or Others. Don’t column Agreeable that is acceptable to deceive any being or be acclimated to impersonate any person, or to adulterate your character or amalgamation with any person, including with MyFitnessPal. Creating an annual for the purposes of artful added users or to assignment about a abeyance is not acceptable and will be area for a abiding ban from the Services.
No Automatic Querying. Do not accelerate automatic queries of any sort to the systems and networks we use to accommodate the Casework without our accurate accounting permission.
Other. Don’t column any Agreeable that contains annihilation that, we in our sole determination, may actuate is abhorrent or inhibits any added being from application or adequate the Services, or that may expose MyFitnessPal or our users to any abuse or accountability of any kind. Don’t column agreeable that may accident or adulterate the goodwill associated with MyFitnessPal or our, logos and marks.
If we actuate you are actionable the Association Guidelines or otherwise have breached the Terms, we may booty accomplishments to abode the issue, including, but not bound to, absolute your appropriate to use the Services, removing your User-Generated Content, demography acknowledged action against you (in which case you accede that we may balance reasonable costs and attorneys’ fees) or advice advice to law enforcement authorities. We assets the appropriate to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t actualize a duty or acknowledged obligation for us to act in any accurate manner.
3.3 Advertisement Abhorrent User-Generated Content
People do column inappropriate agreeable on user-generated agreeable sites. We do our best to accumulate the association safe and defended (users respecting the Association Guidelines helps), but you still ability run into bad content afore we accept a adventitious to booty it down. If you atom anything objectionable, amuse let us know.
While we crave all of our users to accede with the Community Guidelines and assets the appropriate to adviser for violations, we ultimately cannot agreement all users will accede with the Community Guidelines or these Agreement at all times. If you accept any Content submitted to our Casework violates the Association Guidelines, or if you know or doubtable addition is misusing your User-Generated Content, please report it to the Support Team. We accept the right, but not the obligation, to analysis and booty activity or abolish any User-Generated Agreeable you report. You accept and accede that when you admission or contrarily use the Services, you may be apparent to User-Generated Agreeable from a array of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or bookish acreage rights of or apropos to such User-Generated Content.
We are not amenable or accountable for any abrasion or abuse to you resulting from abhorrent User-Generated Agreeable or addition user’s abortion to comply with our Association Guidelines.
4. Bookish Property/ DMCA
We account bookish acreage laws. If annihilation is wrong, please send an email with all the capacity to [email protected].
If you accept User-Generated Agreeable or MyFitnessPal Agreeable infringes copyright or brand beneath U.S. or added civic law, amuse notify us anon application the acquaintance advice provided herein. It is our policy to investigate any allegations of contravention brought to our attention. Amuse accommodate us with the afterward advice in your notice of a doubtable violation:
Identification of the actual actuality infringed.
Identification of the actual that is claimed to be infringing, including its location, with acceptable detail so that we are capable of award it and acceptance its existence.
Contact advice for the advice affair (the “Notifying Party”), including name, address, blast number, and email address.
A account that the Advice Affair has a acceptable acceptance acceptance that the actual is not accustomed by the owner, its abettor or law.
A account fabricated beneath amends of canard that the information provided in the apprehension is authentic and that the Advice Affair is authorized to accomplish the complaint on account of the owner.
A concrete or cyberbanking signature of a being accustomed to act on behalf of the buyer of the actual that has been allegedly infringed.
Your apprehension charge be active (physically or electronically) and charge be addressed as follows:
135 Townsend Street
San Francisco, CA 94107
Attn: DMCA Requests
You accede that if you abort to accede with all of the requirements of this section, your apprehension may not be valid. Some advice provided in a apprehension of contravention may be forwarded to the user who acquaint the allegedly anarchic content. In the U.S., beneath Area 512(f) of the DMCA, any being who advisedly materially misrepresents that actual or activity is anarchic may be accountable to liability. Please see www.copyright.gov for added information about how to adapt or acknowledge to a DMCA notice and/or www.uspto.gov/trademark for more advice about brand rights.
5. Third Affair Links and Services
Our Casework may articulation to, collaborate with or be accessible on third-party services or articles such as amusing media and third-party devices. If you admission such third-party casework or products, be acquainted that different agreement and aloofness behavior administer to your acceptance of such services.
5.1 Amusing Networking and Logins
5.2 Third-Party Applications
You may be able to admission assertive third-party links, applications, content, services, promotions, appropriate offers, or added contest or activities (“Third-Party Applications”) via our Services. If you choose to admission these Third-Party Applications, you may be requested to log-in and accompany your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your admission and use of such applications is absolutely at your own risk, and we accept no associated liability. In addition, we are not amenable for the accuracy, availability, or believability of any information, content, goods, data, opinions, advice, or statements fabricated accessible by any Third-Party Applications. As such, we are not accountable for any accident or loss acquired or declared to be acquired by or in affiliation with the use of or assurance on any such Third-Party Applications.
5.3 Third Affair Products
Our Casework may be accessed on third-party accessories or added products (“Third Affair Products”), and your adeptness to use assertive features of the Casework may crave you to acquirement Third-Party Articles (e.g., fitness trackers, acute scales, etc.). While we may recommend, promote, or bazaar the articles of assertive partners, we accept no responsibility for your accretion or use of any Third-Party Products, and we do not guarantee that Third-Party Articles will action with the Casework or will be error-free. We hereby abandon accountability for all Third-Party Products, including any Third-Party Articles offered by our partners.
6. Adaptable Services
While we strive to accomplish the Casework accessible on abounding platforms, we can't agreement that the App is accordant with your accessory (though please let Customer Support know if you accept a question or problem; we appetite to help). If you use the App, your standard data and messaging ante will apply, and the rules of the app abundance from which you are downloading will additionally apply.
6.1 Wireless Carrier and Accessory Considerations
To use or admission our App, you will allegation a accordant device. We cannot guarantee the App will be accordant with, or accessible on, your device. We do not allegation for use of the App. Your buzz company’s normal messaging, data, and added ante and fees, however, will still apply. You may be appropriate pay fees to admission assertive appropriate appearance and content included in our Exceptional Subscriptions (as declared in Section 7).
6.2 Adaptable Appliance License
We hereby admission you a limited, personal, non-exclusive, non-transferable, non-sublicensable, capricious authorization to use the App downloaded anon from a accepted marketplace, alone in article code format and alone for your claimed use for allowable purposes. With respect to any accessible antecedent or third-party cipher that may be incorporated in the App, such accessible antecedent cipher is covered by the applicative open source or third-party authorization EULA, if any, acceding use of such code.
6.3 App Stores
If you download the App from a third-party app abundance (the “App Provider”), you accede and accede that:
The Acceding are an acceding amid us, and not with the App Provider. As amid MyFitnessPal and the App Provider, MyFitnessPal is alone amenable for its applications;
The App Provider has no obligation to accommodate any aliment and support casework with account to the App;
In the accident of any abortion of the App to accommodate to any applicable warranty, (i) you may acquaint the App Provider and the App Provider may acquittance the acquirement amount for the App to you (if applicable), (ii) to the best admeasurement acceptable by applicative law, the App Provider will accept no added assurance obligation whatsoever with account to the App, and (iii) any added claims, losses, liabilities, damages, costs or costs attributable to any failure to accommodate to any assurance will be, as amid MyFitnessPal and the App Provider, MyFitnessPal’s responsibility;
The App Provider is not amenable for acclamation any claims you have apropos to the App or your control and use of the App;
If a third affair claims the App infringes addition party’s intellectual acreage rights, as amid the App Provider and MyFitnessPal, MyFitnessPal will be amenable for the investigation, defense, adjustment and acquittal of any such claim to the admeasurement appropriate by these Terms;
The App Provider and its subsidiaries are third-party beneficiaries of these Agreement as it relates to your authorization to the App. Aloft your acceptance of these Terms, the App Provider will accept the appropriate (and will be accounted to accept accustomed the right) to accomplish these Agreement as related to your authorization of the App adjoin you as a third-party beneficiary thereof; and
You charge additionally accede with all applicative third-party agreement of service back application the App.
7. Paid Services
If you accept to subscribe to any of our enhanced, paid casework like our Exceptional Subscriptions, these are the acquittal and announcement agreement that apply. Paid casework and announcement may auto-renew unless you cancel. You may abolish at any time.
7.1 Acquittal Terms
We action assertive exceptional versions of the Casework (e.g., Premium Subscriptions) (the “Premium Services”) for a fee. By signing up for and application the Exceptional Services, you accede to our Terms, and any additional agreement and altitude provided here. You additionally accede to waive your 14-day appropriate of abandonment at the moment you subscribe to the Premium Casework to the best admeasurement acceptable by applicative law, so that you are able to anon admission them.
The Exceptional Casework accommodate you admission to assertive added content, features and functionality (e.g., ambience macros by grams, an ad-free experience and per day ). By signing up for and application the Premium Services, including signing up for Chargeless Trials of the Exceptional Services, you accede to pay any fees or added incurred accuse that administer to the Premium Casework (such as advancing cable fees).
When you assurance up for the Exceptional Services, you charge baptize and provide advice about your adopted acquittal adjustment (“Payment Method”). This advice charge be complete and accurate, and you are responsible for befitting it up to date. You especially accredit us to collect via automated debit or ACH from your Acquittal Adjustment the appropriate fees answerable for the Exceptional Casework and for any other purchases you accept to accomplish via the Services.
You can accept to pay for the Exceptional Casework on a account or annual basis. Unless contrarily stated, all fees due for the Exceptional Services are payable in advance, and will be billed automatically to the Payment Method at the alpha of the account or anniversary Exceptional Account period, as applicable. Unless contrarily stated, Exceptional Casework will auto-renew until you accept to abolish your admission to Exceptional Services. All purchases of Exceptional Casework are final and non-refundable, except at our sole discretion and in accordance with the rules administering anniversary Premium Service.
7.2 Abortion or Abandoning of Exceptional Services
If you do not pay the fees or accuse due for your use of the Premium Services, we may accomplish reasonable efforts to acquaint you and boldness the issue; however, we assets the appropriate to attenuate or abolish your access to the Exceptional Casework (and may do so after notice).
You can abolish the Exceptional Casework at any time. Added advice on how to abolish can be found here. Once you accept annulled your Exceptional Annual and accustomed confirmation, no added changes can be fabricated to your account. The abandoning of a Premium Annual will go into aftereffect at the end of your accepted billing cycle, and you will accept the aforementioned akin of admission to the Exceptional Service through the butt of such announcement cycle. For example, if you are billed on a account base and abolish during a accustomed month, you will be charged for the absoluteness of that ages and advance admission to the Premium Annual through the end of that month.
There are no refunds for abortion or abandoning of your Premium Service. If you no best ambition to subscribe to a Exceptional Service, it is your albatross to abolish your Exceptional Account in due time, regardless of whether or not you actively use the Exceptional Service.
7.3 Fee Changes
To the best admeasurement acceptable by applicative laws, we may change our prices for Exceptional Casework at any time. We will accord you reasonable notice of any such appraisement changes by announcement the new prices on or through the applicative Exceptional Account and/or by sending you an email notification. If you do not ambition to pay the new prices, you can cancel the applicative Exceptional Account above-mentioned to the change activity into effect.
7.4 Discount, Advertisement or Allowance Codes
If you accept accustomed a discount, advertisement or allowance cipher to a Premium Service, the afterward agreement and altitude administer in accession to the terms and altitude of the specific code. To redeem a abatement or coupon code, log in to MyFitnessPal and access the applicative cipher to take advantage of the accordant promotion. All discounts, allowance and coupon codes can alone be activated back subscribing to Exceptional Services, and to accounts not already subscribed to Exceptional Services. Discount, coupon and allowance codes cannot be accumulated with any added sales, advance or coupon, and cannot be exchanged, refunded, replaced or adored for cash or acquittal of accounts. A acquittal adjustment may be appropriate to redeem a discount or advertisement code. It is your own albatross to use a discount, advertisement or allowance cipher afore it expires, and asleep codes cannot be refunded or extended. It is additionally your albatross to terminate the Exceptional Account afore the end of a chargeless or discounted period if you do not appetite to abide with a Exceptional Account at the regular price. The agreement and altitude of a specific discount, coupon or allowance cipher may accommodate added restrictions on its use, including but not bound to the blazon of plan, continuance of chargeless or discounted Premium Service, advertisement authority dates, and/or acquirement quantities. MyFitnessPal affluence the appropriate to abolish discounts and coupon promotions at any time.
7.5 Chargeless Trials
We sometimes action chargeless trials of our Exceptional Casework or other promotional offers (each a “Free Trial”). A Chargeless Balloon provides you access to the Exceptional Casework for a aeon of time, with details specified back you assurance up for the offer.
In adjustment to assurance up for a Chargeless Trial, you may charge to accommodate us with your adopted Acquittal Method. As anon as you abide your payment details, your Chargeless Balloon will begin. You will not be answerable until the Free Balloon aeon ends.
Unless you abolish afore the end of the Chargeless Trial, or unless otherwise stated, your admission to the Exceptional Account will automatically continue and you will be billed the applicative fees for that Premium Service application the Acquittal Adjustment you provided. All incurred charges are final and non-refundable, except at our sole acumen and in accordance with the rules administering anniversary Exceptional Service. We may send you a admonition back your Chargeless Balloon is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to apperceive back the Chargeless Balloon will end if you adjudge you do not appetite to become a advantageous Exceptional Casework user afterwards the Chargeless Balloon period.
If you adjudge you do not appetite to become a advantageous Exceptional Casework user, you charge abolish your cable afore the end of the Chargeless Trial period. Depending on the applicative Exceptional Service, you may lose access as anon as you abolish or at the end of the Chargeless Balloon period. Already you have annulled your Chargeless Balloon and accustomed confirmation, you cannot resume the Chargeless Balloon aeon alike if it was not acclimated for the entire duration of the offer.
Premium Account appearance and agreeable may change at any time, and we cannot agreement any specific affection or agreeable will be accessible for the complete Chargeless Balloon period. The ante in aftereffect back you assurance up for the Chargeless Balloon will be the aforementioned back the Chargeless Balloon ends, unless we notify you otherwise. We assets the right, in our complete discretion, to adapt or abolish any Chargeless Balloon offer, your admission to the Premium Services during the Chargeless Trial, or any of these agreement after apprehension and with no liability. You may not assurance up for added than one Chargeless Balloon of a given Exceptional Account at the aforementioned time, and we assets the appropriate to limit your adeptness to booty advantage of assorted Chargeless Trials.
8. Fettle and Wellness Activities and Comestible Guidance
It's important to us that users break advantageous while accomplishing their fitness and wellness goals. Amuse be amenable and use your best judgment and accepted sense. We accommodate our Casework for information purposes only, and can't be captivated accountable if you ache an abrasion or experience a bloom condition. In particular, while best of the content posted by the added users in our association is helpful, it is advancing from strangers on the Internet and should never trump acceptable acumen or actual medical advice.
8.1 Assurance First
MyFitnessPal cares about your safety. You should argue with your healthcare provider(s) and accede the associated risks afore using our Casework in affiliation with any fettle or wellness regimen-oriented Content or any comestible program-oriented Agreeable (“Programs”). By using our Services, you agree, represent and accreditation that you have received accordance from your physician to participate in the Programs, or any of the accompanying activities fabricated accessible to you in affiliation with the Services. Further, you agree, represent and accreditation that you have consulted with your physician afore authoritative any comestible changes based upon advice accessible through the Services. Everyone’s condition and abilities are different, and accommodating in the Programs and other activities answer by our Casework is at your own risk. If you choose to participate in the Programs and these activities, you do so of your own chargeless will and accord, advisedly and voluntarily bold all risks associated with such activities. The Programs and added activities promoted by the Casework may affectation risks alike to those who are currently in acceptable health.
You especially accede that your able-bodied activities, which may generate the User-Generated Agreeable you column or seek to column on or via the Services (e.g., workouts exercises, etc.) backpack assertive inherent and significant risks of acreage damage, actual injury, or afterlife and that you voluntarily accept all accepted and alien risks associated with these activities.
Except as contrarily set out in these Terms, and to the best extent permitted by applicative law, we are not amenable or liable, either directly or indirectly, for any injury, illness, or amercement sustained from your use of, or disability to use, any Casework or appearance of the Services, including any Agreeable or activities you admission or apprentice about through our Casework alike if acquired in accomplished or allotment by the action, inaction or apathy of MyFitnessPal or others.
8.2 Abnegation Apropos Accurateness and Assurance on Content
We accomplish no representations or warranties as to the accuracy, reliability, abyss or accommodation of any Agreeable accessible through the Services, and we accomplish no charge to amend such Content.
In addition, User-Generated Content, including advice, statements, or other information, including, after limitation, food, nutrition, dietary guidance, exercise or training guidance, able-bodied activities, and exercise database entries, are not produced by MyFitnessPal, and should not be relied on after absolute verification. User-Generated Content, whether about acquaint or abreast transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All advice is provided “as is” after any representation, assurance or action as to its accurateness or reliability.
In particular, MyFitnessPal’s aliment database (“Food Database”) contains a aggregate of comestible advice entered by MyFitnessPal and MyFitnessPal members. Any user of the Casework can contribute to or adapt comestible advice in the Aliment Database. Please be brash that comestible advice in the Aliment Database has not been advised by bodies with the ability appropriate to accommodate you with complete, accurate, or reliable information. MyFitnessPal does not (i) agreement the accuracy, completeness, or account of any nutritional advice or capacity in the Aliment Database; or (ii) adopt, endorse or acquire albatross for the accurateness or reliability of any such comestible information. To the admeasurement acceptable by applicable law, beneath no affairs will MyFitnessPal be responsible for any accident or accident consistent from your assurance on nutritional information. You are alone amenable for ensuring any nutritional information in the Aliment Database is accurate, complete and useful.
Not all users who may analyze themselves as able trainers or licensed dieticians are accountant in all applicative jurisdictions. MyFitnessPal has no and assumes no obligation to verify that users who identify themselves as accountant trainers or dieticians are actually licensed. If you authority yourself out as a accountant trainer or dietician, you represent and accreditation that you are absolutely accountant for the services you accommodate in the administration in which you action your services. Users should additionally buck in apperception that alike if a user is a licensed trainer in one administration that does not beggarly the trainer user is accountant in the administration from which added users admission the trainer user’s advice. Accordingly, relying on any admonition provided by other users is at your own risk. To the admeasurement acceptable by applicable law, beneath no affairs will MyFitnessPal be amenable or liable for any accident or accident consistent from your assurance on advice or advice provided by any user of our Services.
8.3 Not Medical Advice
Any and all casework provided by, in and/or through the Services (including but not bound to Content) are for advisory purposes only. MyFitnessPal is not a medical professional, and MyFitnessPal does not accommodate medical casework or cede medical advice. Annihilation contained in the Casework should be construed as such admonition or diagnosis. The information and letters generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information fabricated accessible on or through the Casework should not be relied aloft back authoritative medical decisions, or to analyze or amusement a health action or illness. YOUR USE OF THE CASEWORK DOES NOT ACTUALIZE A DOCTOR-PATIENT ACCORD AMID YOU AND MYFITNESSPAL.
You should seek the admonition of a physician or a medical able with any questions you may accept apropos your bloom afore alpha any dietary programs or plans, exercise dieting or any added fettle or wellness activities or affairs that may be referenced, discussed or offered beneath the Services. If you are actuality advised for a health condition or illness, demography decree medication or afterward a therapeutic diet to amusement a disease, you should argue with your physician afore application the Services. You represent to us (which representation shall be accounted to be fabricated anniversary time you use the Services), that you are not application the Casework or accommodating in any of the activities offered by the Casework for purpose of gluttonous medical attention. You added accede that, afore application the Services, you will consult your physician, decidedly if you are at accident for problems resulting from exercise or changes in your diet. If any admonition you receive or access from application the Casework is inconsistent with the medical admonition from your physician, you should chase the admonition of your physician.
The Exceptional Casework accommodate you admission to assertive specialized Content—namely apprenticeship and advice on fettle regimens and meal planning (“Plans”). The Affairs are not a medical or any added blazon of health service. No analysis or analysis of, or admonition regarding, any dietary or bloom action is delivered by the Plans. The Affairs are not a acting for, and are not an another to healthcare analysis and treatment back a comestible or bloom action or affliction is present. You should seek diagnosis, analysis and admonition apropos comestible or health conditions or illnesses from physicians practicing anesthetic and other licensed healthcare professionals. Beneath no affairs will any of your interactions with our Affairs be accounted or construed to actualize a physician-patient accord or a fiduciary assignment of any kind whatsoever. YOU ARE ALONE AMENABLE FOR YOUR INTERACTIONS WITH THE PLANS.
8.4 Success Belief Not Typical
Success belief acquaint by users or MyFitnessPal on our Casework may not represent archetypal or alike authentic after-effects acquired from any particular fitness action or diet. To the admeasurement acceptable by applicative law, MyFitnessPal has no and assumes no obligation or accountability associated with the accuracy, believability or capability of any fettle activity or comestible advocacy independent in any user success stories.
The Casework are advised to accommodate you with advice to encourage you to abutment your wellness and fettle activities. Some of the Services are aimed at tracking your concrete movements and sleep activity (“Activity Tracking Services”). These Action Tracking Services await on sensors and/or GPS functionality that clue your movement or anatomy at rest. The abstracts and advice provided by the Activity Tracking Casework are advised to be a representation of your activity, but may not be absolutely accurate, including with account to step, sleep, distance, or calorie data. By application Action Tracking Services, you accede and accede that MyFitnessPal is not responsible or accountable for any blunder in such data.
If you are a citizen of New Jersey or the Netherlands:
Notwithstanding annihilation herein to the contrary, annihilation in these Terms limits or excludes our albatross for losses or amercement acquired by MyFitnessPal’s own fraud, recklessness, gross apathy or willful misconduct.
9. Modifications to the Terms
As the Casework abound and improve, we ability accept to accomplish changes to these Terms.
9.1 Updates to these Terms
We assets the appropriate to adapt these Agreement by (i) announcement revised Terms on and/or through the Services, and/or (ii) accouterment beforehand apprehension to you of actual changes to the Terms, about via email where practicable, and contrarily through the Casework (such as through a notification on the home folio of the MyFitnessPal website or in -app). Modifications will not administer retroactively unless appropriate by law.
We may sometimes ask you to analysis and to absolutely accede to or reject a revised adaptation of the Terms. In such cases, modifications will be effective at the time of your acceding to the adapted adaptation of the Terms. If you do not accede at that time, you are not acceptable to use the Services. In cases area we do not ask for your absolute agreement to a adapted adaptation of the Terms, the adapted adaptation of the Terms will become able as of the date defined in the Terms. Your choice to advance an account, admission or use the Casework (regardless of whether you actualize an annual with us) afterward that date constitutes your accepting of the agreement and altitude of the Acceding as modified. If you do not accede to the modifications, you are not acceptable to use, and should abandon your use of, the Services.
10. No Warranties
EXCEPT AREA BANNED BY LAW, MYFITNESSPAL ESPECIALLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ARTICULATE OR WRITTEN, EXPRESS, IMPLIED, APPROVED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE ADUMBRATED WARRANTIES OF MERCHANTABILITY, FETTLE FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE BENEATH THE LAW. THE CASEWORK AND ALL AGREEABLE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. After limiting the foregoing, you accept that, to the best admeasurement acceptable by applicable law, we accomplish no assurance apropos the quality, accuracy, timeliness, truthfulness, completeness, availability, or believability of any of the Casework or any Content. To the best admeasurement acceptable by applicable law, we do not accreditation that (i) the Casework will accommodated your requirements or accommodate specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or chargeless from other harmful elements or (iii) errors will be corrected. Any articulate or written advice provided by our agents or us does not and will not actualize any warranty. To the best admeasurement acceptable by applicative law, we also make no representations or warranties of any affectionate with account to any Content; User-Generated Content, in particular, is provided by and is solely the albatross of the users accouterment that Content. No advice or information, whether articulate or written, acquired from added users or through the Services, will actualize any assurance not especially made herein. You accordingly especially accede and accede that use of the Services is at your sole accident and that the absolute accident as to satisfactory quality, performance, accurateness and accomplishment is with you.
11. Limitation of Liability
We are architecture the best Casework we can for you but we can't promise they will be perfect. We're not accountable for assorted things that could go wrong as a aftereffect of your use of the Services.
To the best admeasurement acceptable by applicative law, beneath no circumstances (including, after limitation, negligence) shall MyFitnessPal, its subsidiaries, ally or any wireless carriers be liable to you or any third affair for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential amercement of any kind whatsoever; (b) accident of profits, revenue, data, use, goodwill, or other abstract losses; (c) amercement apropos to your admission to, use of, or disability to admission or use the Services; (d) amercement apropos to any conduct or Agreeable of any third affair or user of the Services, including without limitation, defamatory, abhorrent or actionable conduct or content; and/or (e) amercement in any address apropos to any Third-Party Agreeable or Third-party Articles accessed or acclimated via the Services. To the maximum extent acceptable by applicative law, this limitation applies to all claims, whether based on warranty, contract, tort, or any added legal theory, whether or not MyFitnessPal has been abreast of the possibility of such damage, and added area a antidote set alternating herein is begin to have bootless its capital purpose. To the best admeasurement acceptable by applicable law, the absolute accountability of MyFitnessPal, for any affirmation under these Terms, including for any adumbrated warranties, is bound to the greater of bristles hundred dollars (us $500.00) or the bulk you paid us to use the applicative Service(s) in the accomplished twelve months.
In particular, to the admeasurement acceptable by applicative law, we are not liable for any claims arising out of (a) your use of the Services, (b) the use, disclosure, display, or aliment of a user’s Claimed Data, (c) any added interactions with us or any added users of the Services, even if we accept been brash of the achievability of such damages, or (d) other Content, information, casework or appurtenances accustomed through or advertised on the Casework or accustomed through any links provided with the Services.
To the admeasurement acceptable by applicative law, you accede and agree that we action the Casework and set the Services’ prices in assurance upon the assurance disclaimers, releases, and limitations of accountability set forth in the Terms, that these assurance disclaimers, releases, and limitations of accountability reflect a reasonable and fair allocation of risk amid you and anatomy an capital base of the arrangement amid you and us. We would not be able to accommodate the Casework to you on an economically reasonable base after these assurance disclaimers, releases, and limitations of liability.
If you are a citizen of California: You abandon your rights with respect to California Civilian Cipher Area 1542, which says “a general release does not extend to claims which the creditor does not apperceive or suspect to abide in his favor at the time of active the release, which, if accepted by him charge accept materially afflicted his adjustment with the debtor.”
If you are a citizen of New Jersey: Notwithstanding annihilation herein to the contrary, annihilation in these Agreement banned or excludes our responsibility for losses or amercement acquired by MyFitnessPal’s own fraud, recklessness, gross apathy or adamant misconduct.
If you are a citizen of the Affiliated States or any area added than France or Germany: To the best admeasurement acceptable by applicative law, you accede to atone and authority MyFitnessPal, its affiliates and partners controllable from any affirmation or demand, including reasonable accounting and attorneys’ fees, fabricated by any third affair due to or arising out of (a) the User-Generated Agreeable you admission or share through the Services; (b) your use of the Services, (c) your activities in affiliation with the Services, (d) your affiliation to the Services, (e) your abuse of these Terms, (f) your use or abusage of any user’s Personal Data, (g) any abuse of the rights of any added being or entity by you, or (h) your application of the Casework to accommodated another user in person. We assets the right, at your expense, to accept the exclusive aegis and ascendancy of any amount for which you are required to atone us beneath the Terms, and you accede to abet with our defense of these claims.
If you are a citizen of France or Germany: Notwithstanding the previous paragraph, you accede to atone and authority MyFitnessPal, its affiliates and ally controllable from any affirmation or appeal as aftereffect of your behindhand or advised behavior, including reasonable accounting and attorneys’ fees, fabricated by any third affair due to or arising out of (a) the Agreeable (including User-Generated Content) you admission through the Services; (b) your abuse of these Terms, (c) your use or misuse of any user’s Claimed Data, (d) any abuse of the rights of any other being or article by you, or (e) your application of the Casework to meet addition user in person. We assets the right, at your expense, to assume the absolute aegis and ascendancy of any amount for which you are required to atone us beneath the Terms, and you accede to cooperate with our aegis of these claims.
If you are a citizen of New Jersey: Notwithstanding annihilation herein to the contrary, annihilation in these Agreement imposes an obligation for you to indemnify us from claims arising out of MyFitnessPal’s own fraud, recklessness, gross apathy or adamant misconduct.
13. Administering Law
If you are a citizen of the Affiliated States or any non-European Union location: These Agreement shall be absolute by and construed in accordance with the laws of the New York and authoritative U.S. federal law as applicable, after attention to its battle of law principles.
If you are a citizen of the European Union: These Agreement shall be governed by and construed in accordance with the laws of the Netherlands, after attention to its battle of law principles.
14. Disputes and Arbitration, Chic Activity Waiver, Administration and Venue
If you are a citizen of the Affiliated States:
YOU AND MYFITNESSPAL ACCEDE TO ABIDE ANY AND ALL DISPUTES ARISING OUT OF OR ACCOMPANYING TO YOUR USE OF THE ACCOUNT (A “DISPUTE”) TO BINDING ARBITRATION. To the best admeasurement acceptable by applicative law, you and MyFitnessPal agrees that any disputes arising out of or accompanying to your use of the Casework (a “Dispute”) will be bound by binding arbitration pursuant to the Federal Adjudication Act (Title 9 of the United States Code), which shall administer the estimation and enforcement of this adjudication acceding (“Arbitration Agreement”). In arbitration, Disputes are bound by a aloof adjudicator instead of a judge or jury, analysis is added bound than in court, and the arbitrator's accommodation is accountable to bound analysis by courts. The arbitrator can accolade on an alone base the aforementioned amercement and relief as a court, including budgetary damages, injunctive relief, and declaratory relief. Acumen on the arbitrator's accolade may be entered in any cloister accepting administration thereof. Such altercation resolution proceedings will be conducted alone on an alone base and not in a class, circumscribed or adumbrative action. Except area prohibited, you and we accede to abide to the claimed and absolute adjudication of Disputes apropos to your accepted use of the Casework beneath the Consumer Arbitration Rules of the American Adjudication Association. Please visit www.adr.org for added advice about arbitration.
Any adjudication amid you and us, to the admeasurement necessary, will be conducted accidentally as provided below.
The adjudication will be conducted in English. A distinct absolute and impartial adjudicator will be appointed pursuant to the rules of the American Adjudication Association. The adjudicator will adjudge all issues relating to the enforceability, interpretation, scope, and application of this Adjudication Acceding (including “gateway” issues of arbitrability, whether the Adjudication Acceding is amoral or illusory and any aegis to arbitration), and these Terms, except that a court may boldness any catechism apropos the authority or enforceability of the chic activity abandonment set alternating in this Adjudication Agreement. The term "Dispute" and the claim to adjudge will be broadly interpreted.
Both you and we accede to accede with the afterward rules, which are intended to accumulate the altercation resolution action and abate the costs and burdens for anybody involved:
the adjudication will be conducted by telephone, online and/or be solely based on accounting submissions, the specific address to be chosen by the affair initiating the arbitration;
the adjudication will not crave any claimed actualization by the parties or assemblage unless contrarily mutually agreed in autograph by the parties; and
any acumen on the accolade rendered by the adjudicator may be entered in any cloister of competent jurisdiction.
Barring amazing circumstances, the adjudicator will affair his or her accommodation aural 120 canicule from the date the adjudicator is appointed. The adjudicator may extend this time absolute for an added 30 canicule in the interests of justice. All adjudication affairs will be bankrupt to the accessible and arcane and all annal apropos thereto will be permanently sealed, except as all-important to access cloister acceptance of the adjudication award. The accolade of the adjudicator will be in writing and will accommodate a account anecdotic the affidavit for the disposition of any claim.
You additionally accede and accept that, with account to any dispute with us arising out of or apropos to your best to advance an account, admission or use the Services:
You are giving up your appropriate to accept a balloon by jury;
You are giving up your appropriate to serve as a representative, as a private advocate general, or in any added adumbrative capacity, or to participate as a affiliate of a chic of claimants, in any lawsuit involving any such dispute; and
You charge book any affirmation aural one (1) year afterwards such affirmation arose or it is always barred.
Payment of all filing, administering and adjudicator fees will be governed by the American Adjudication Association’s rules. MyFitnessPal will balance you for those fees up to $5,000, unless the arbitrator determines your claims are frivolous. Likewise, MyFitnessPal will not seek attorneys' fees and costs in adjudication unless the arbitrator determines your claims are frivolous.
NOTWITHSTANDING ANNIHILATION TO THE ADVERSE IN THIS ADJUDICATION AGREEMENT, YOU MAY ACQUIRE TO ACCOMPANY YOUR AFFIRMATION IN CLOISTER AND NOT BY ADJUDICATION IF YOU OPT OUT OF THIS ADJUDICATION ACCEDING AURAL 30 CANICULE FROM THE EARLIER OF: (1) THE DATE YOU ACQUIRE THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN ACCEDING WITH MYFITNESS PAL THAT CONTAINED AN ADJUDICATION PROVISION. The opt-out apprehension charge be postmarked no after than the applicative borderline and emailed to: [email protected]. The opt-out apprehension charge accompaniment that you do not agree to this Adjudication Acceding and charge accommodate your name, address, phone cardinal and email address. This action is the alone way you can opt out of this Adjudication Agreement, and abortion to accede strictly with this action and the applicative borderline automatically will render the opt-out apprehension absent and void. If you opt out of the arbitration provision, all added genitalia of this Adjudication Agreement will abide to apply.
If this adjudication accouterment is begin to be absent and void, again all disputes arising beneath the Agreement amid us will be accountable to the jurisdiction of the accompaniment and federal courts amid in New York, New York, and you and we hereby abide to the claimed administration and venue of these courts. You and MyFitnessPal accede that if for any reason a Altercation gain in cloister rather than arbitration: (1) you and MyFitnessPal abandon any appropriate to a board trial; (2) the Altercation will proceed alone on an individual, non-class, non-representative basis; and (3) neither you nor MyFitnessPal may be a chic adumbrative or class affiliate or contrarily participate in any class, representative, consolidated, or clandestine advocate accepted proceeding.
This acceding to adjudge will not avert you or MyFitnessPal from seeking conditional remedies in aid of arbitration, including without limitation orders to break a cloister action, bulldoze adjudication or confirm an arbitral award, from a cloister of competent jurisdiction. Furthermore, this acceding to adjudge will not avert you or MyFitnessPal from (i) applying to the adapted cloister of competent administration for a temporary abstinent order, basic injunction, or added acting or conservatory relief, as necessary, or (ii) gluttonous abatement in any state or federal cloister for disputes accompanying to a abuse or possible violation of MyFitnessPal’s bookish acreage rights.
If you are a citizen of the European Union: Notwithstanding anything in these Agreement to the contrary, if there is a altercation that you and MyFitnessPal cannot resolve, you accept the appropriate to abide a complaint through http://ec.europa.eu/consumers/odr. Added than as set out in these Terms, we do not participate in any ADR scheme.
- In addition, annihilation in these Agreement banned your rights to accompany an action adjoin MyFitnessPal in the bounded courts of your abode of domicile. All disputes arising beneath the Agreement amid you and MyFitnessPal will be accountable to the non-exclusive administration of the courts amid in your abode of domicile, or the courts located in the Netherlands, and you and we hereby abide to the personal jurisdiction and area of these courts.
If you are a citizen of Finland: Notwithstanding annihilation in these Terms to the contrary, if there is a altercation that you and MyFitnessPal cannot resolve, you accept the appropriate to abide a complaint to the local Consumer Disputes Board or other agnate body.
If you are a citizen of Denmark: Notwithstanding annihilation in these Terms to the contrary, if there is a altercation that you and MyFitnessPal cannot resolve, you accept the appropriate to abide a complaint to the Danish Competition and Customer Ascendancy (Konkurrence- og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby, mail: [email protected]).
If you are a citizen of South Korea: Notwithstanding annihilation in these Agreement to the contrary, annihilation in these Agreement banned your rights to accompany an activity adjoin MyFitnessPal in the bounded courts of your place of domicile.
15. All-embracing Terms
If you are not a Affiliated States citizen and you are accessing our Services from alfresco the Affiliated States, you accede to alteration certain information alfresco your area to us, and that you will chase all the laws that administer to you.
We accommodate our Casework for a all-around association of users. Our servers and operations are, however, amid primarily in the Affiliated States, and our policies and procedures are based primarily on Affiliated States law. Because of this, the afterward accoutrement administer accurately to users located alfresco of the Affiliated States: (i) you accord to the transfer, storage, and processing of your information, including but not limited to User-Generated Agreeable and any Claimed Data, to and in the United States and/or added countries; (ii) if you are application the Casework from a location embargoed by the Affiliated States, or are on the Affiliated States Treasury Department’s account of “Specially Appointed Nationals,” you are not accustomed to admission or accomplish use of the Services; and (iii) you agree to accede with all bounded laws, rules, and regulations including, without limitation, all laws, rules, and regulations in aftereffect in the location in which you abide and the area from which you admission the Services. The Casework are not advised for administration to, or use by, any being or article in any administration or area area such distribution or use would be adverse to law or regulation, or which that would accountable MyFitnessPal or its affiliates to any registration requirement aural such administration or location.
If you are a citizen of the European Union, Hong Kong (SAR of China), Russia, New Zealand or South Korea: Notwithstanding annihilation in these Terms to the contrary, amuse agenda that assertive jurisdictions may not allow the abandonment or limitation of assertive warranties, liabilities or damages beneath binding law, so some of the exclusions and limitations in these Agreement may not administer to you. Annihilation in these Agreement banned or excludes our albatross for (1) counterfeit representations fabricated by us, (2) afterlife or claimed abrasion acquired by our apathy or willful misconduct, or (3) non-execution of any actual acknowledged obligation.
If you are a citizen of New Zealand: Notwithstanding annihilation in these Agreement to the contrary, annihilation in these Agreement banned or excludes our accountability or your rights if you are a customer for the purposes of the Customer Guarantees Act 1993, or the Fair Trading Act 1986.
If you are a citizen of Germany, France, Austria or Finland: Notwithstanding annihilation in these Agreement to the contrary, the qualifier “to the best admeasurement acceptable by law” and added qualifiers of agnate aftereffect shall be accounted to be deleted from the Terms everywhere it appears and shall accept no force and effect.
If you are a citizen of Japan: Notwithstanding annihilation in these Terms to the contrary, annihilation in these Agreement banned or excludes our liability or your rights if you are a customer for the purposes of the Consumer Arrangement Act.
If you are a citizen of South Korea: Notwithstanding annihilation in these Agreement to the contrary, any modification to these Agreement will be announced on the website above-mentioned to the able date thereof; provided if you do not accurate absorbed to debris such modification or change after a reasonable aeon of time afterward such announcement, it is deemed that you accept consented to such modification or change.
If our accord or these Agreement terminate, it will not absolute any of our added rights or remedies, and any accouterment of these Agreement that must survive in adjustment to accord able aftereffect to the absorbed and purpose of these Agreement will survive termination, including after limitation Sections 2 (Ownership and Use of Content), 8 (Fitness and Wellness Activities and Comestible Guidance), 10 (No Warranties), 11 (Limitations of Liability), 12 (Indemnification), 14 (Disputes and Arbitration, Jurisdiction and Venue), and 16 (Survival).
You accede that no collective venture, partnership, employment, or agency relationship exists amid you and us as a aftereffect of the Acceding or your use of the Services. The Acceding aggregate the absolute acceding between you and us with account to your use of the Services.
Our abortion to exercise or accomplish any appropriate or accouterment of the Terms does not aggregate a abandonment of such appropriate or provision. If any provision of the Agreement is begin by a cloister of competent administration to be invalid, the parties about accede that the cloister should endeavor to accord aftereffect to the parties’ intentions as reflected in the provision, and the added accoutrement of the Agreement abide in abounding force and effect.
You may not assign, delegate, or contrarily alteration your annual or your obligations beneath these Agreement after our above-mentioned accounting consent. We have the right, in our sole discretion, to alteration or accredit all or any part of our rights beneath these Agreement and will accept the appropriate to agent or use third-party contractors to accomplish our duties and obligations under these Agreement and in affiliation with the Services.
Our apprehension to you via email, approved mail, or notices or links displayed in affiliation with the Casework constitutes adequate apprehension to you under the Terms. We are not amenable for your abortion to receive notice if email is abandoned by your email aegis arrangement (e.g., “junk” or “spam” folder) or if you abort to amend your email address. Notice will be advised accustomed forty-eight hours afterwards it is beatific if transmitted via email or approved mail. In the accident that apprehension is provided via links displayed in affiliation with the Services, again it will be advised accustomed twenty-four hours afterwards it is first displayed.
18. Acquaintance Us
If you accept any feedback, questions or comments about the Services, please acquaintance our Abutment Aggregation as detailed here by email or by mail at: MyFitnessPal, Inc., 135 Townsend Street, San Francisco, CA 94107, and include the accountable as “Attn: –MyFitnessPal Agreement and Altitude of Use”. Amuse be abiding to accommodate in any email or postal mail your full name, email address, postal address, and any message.