PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND/OR APPLICATION. By using this Site and/or application, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use the Site.

1. The web site located at www.fitrankings.com (“Site”) and any software applications developed and/or distributed by FitRankings (“Application(s)”), as well as any other products and services (collectively, “FitRankings Products and Services”) are all owned and/or operated by FitRankings, and FitChimp, Inc. (“FitRankings”). The Site, Applications, and their contents may only be accessed for personal use. No material from FitRankings or any Applications or web site owned, operated, licensed or controlled by FitRankings may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of FitRankings’ copyright and other proprietary rights.

2. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to FitRankings or other respective owners that have granted FitRankings the right and license to use such Marks. Individual documents on the Applications and/or Site servers may have different copyright conditions, and that will be noted in those documents. Any use of content or descriptions, any derivative use of the Applications, Site or their contents, and any use of data mining, robots, or similar data gathering and extraction tools are all strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.

3. While FitRankings uses reasonable efforts to include accurate and up-to-date information on the Site and Applications, FitRankings makes no warranties or representations as to their accuracy. FitRankings assumes no liability or responsibility for any errors or representations in the content of the Site or Applications.

4. The Site and/or Applications may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that FitRankings is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

5. If applicable, users of the Site and Applications may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. User hereby represents and warrants that any user content provided to FitRankings is owned by user or user has the right to access and use such content as contemplated herein. Furthermore, user represents and warrants that the user content does not violate the intellectual property or other rights of a third party. User agrees not to submit, deliver, distribute or otherwise upload or download content that (i) infringes upon the rights of any third party or (ii) creates liability for FitRankings. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. FitRankings has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site and Applications, including content that has been posted by users.

6. If you post content or submit material to the Site and/or Applications, you grant FitRankings and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant FitRankings, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify FitRankings and its affiliates from any claims resulting from any content or materials you provide hereunder. 7. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Site and/or Applications, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site and Applications; and (c) the consequences of any use of the Site and Applications by such Minor.

8. FitRankings may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that FitRankings does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. FitRankings is not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL FITRANKINGS BE LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO FITRANKINGS’ SITE. To the extent desired, you shall perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Merchant goods/services to meet your needs. Merchant has no power to bind FitRankings in any way including, but not limited to, issues regarding warranties, adequacy of goods, and all other concerns. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. FitRankings is not responsible for information provided by you to Merchants. FitRankings and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

9. The Site and/or Applications may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. FitRankings may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

9b. FitRankings may enable an AI system in connection with your account and utilize it across the Site and/or Applications (the “AI Services”). In consideration of FitRankings allowing you, or your user or account holder (collectively, “Participant”) to participate in the AI Services, the Participant agrees to the terms and conditions set forth in the AI Services Terms (https://fitrankings.com/ai-services).

10. You shall not transmit to FitRankings or upload to the Site or Applications any Harmful Code or use or misappropriate the data on the Site or Applications for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.

11. Password. You may not use your password for any unauthorized purpose.

12. Termination. We may terminate your access to our Site and Applications for any reason.

13. U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of FitRankings’ proprietary rights in them. FitRankings Site pages may contain other proprietary notices and copyright information that should be observed.

14. THE MATERIALS ON THE SITE AND APPLICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FITRANKINGS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE OR APPLICATIONS. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, FITRANKINGS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. Furthermore, the Site and/or Applications may include certain information, reference guides, videos, and databases intended for use by fitness professionals. These tools are not intended to give and do not give professional fitness advice. In addition, this information is not intended or recommended as a substitute for professional fitness advice. Always seek the advice of your fitness professional or other qualified health care provider regarding any fitness regimen. Information on the Site and Applications may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. FitRankings may also make improvements and/or changes in the FitRankings Products and Services described in this document at any time without notice.

15. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FITRANKINGS OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE FITRANKINGS PRODUCTS AND SERVICES, EVEN IF FITRANKINGS OR AN FITRANKINGS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF FITRANKINGS PRODUCTS AND SERVICES RESULT IN THE NEED FOR SERVICING, CORRECTION OF DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. YOU HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE FITRANKINGS, ANY EMPLOYEES OR OFFICERS OF FITRANKINGS, AND ANY INDIVIDUALS ASSOCIATED WITH FITRANKINGS OR FITRANKINGS PRODUCTS AND SERVICES (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE FITRANKINGS PRODUCTS OR SERVICES. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY YOUR ACTIONS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING THE USE OF THE FITRANKINGS PRODUCTS AND SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY OF YOUR ACTIVITIES RELATING TO THE FITRANKINGS PRODUCTS AND SERVICES SHALL BE PURELY VOLUNTARY AND CONDUCTED AT YOUR OWN CHOICE. YOU HEREBY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE FITRANKINGS PRODUCTS AND SERVICES, INCLUDING ALL RISKS OF PERSONAL INJURY OR PROPERTY DAMAGE.

17. The state or federal courts sitting in Austin, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and sale, and you hereby consent to the jurisdiction of such courts. FitRankings shall not be liable to you for any delay or failure of FitRankings to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of FitRankings. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site or Applications.

18. The contents of the FitRankings App and site such as text, graphics, images, videos, information obtained from Our third party licensors, and other material contained ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on the FitRankings Content.

19. YOU DO, ON BEHALF OF YOURSELF AND ANYONE CLAIM THROUGH YOU, HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE FITRANKINGS, ITS EMPLOYEES, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND ANY OTHER INDIVIDUALS ASSOCIATED WITH FITRANKINGS, THE SITE, APPLICATIONS, OR CONTENT (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH THE RELEASING PARTIES MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE SITE, APPLICATIONS, OR CONTENT. You further acknowledge and agree that any of your activity relating to the Site, Applications, or Content shall be purely voluntary and conducted at your own choice. You hereby assume all risks associated with any activities, including all risks of personal injury or property damage to myself or others, in connection with your use of the Site, Applications or Content.