SHANNO FITNESS END USER TERMS OF USE 

 

Last Updated: June 1st, 2023 

 

SHANNO FITNESS, LLC. (“Shanno Fitness”, “we”, “us” or “our”) does not provide medical, fitness or other advice. You participate in exercise activities entirely at your own risk. 

 

IMPORTANT NOTICE: 

By downloading, accessing or using the Application or Services (as each are defined below) you agree to the terms of these Terms which will bind you. The Terms include, in particular, the privacy policy defined in Section 1 and limitations on liability in Section 5. 

 

1. CONTRACTUAL RELATIONSHIP 

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions, or any other country or territory worldwide, of applications, websites, content, products, and services (the “Services”) made available by Shanno Fitness. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to.” 

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Shanno Fitness. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Shanno Fitness may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. 

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. 

Shanno Fitness may amend the Terms related to the Services from time to time. Amendments will be effective upon Shanno Fitness’ posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. 

You agree and consent to our collection and use of personal information in connection with the Services, as provided in Shanno Fitness’ Privacy Policy.

 

2. THE SERVICES 

The Services constitute a technology platform that enables users of Shanno Fitness’ mobile application or website (each, an “Application”) to receive workout routines and get recommended exercises, including without limitation any advice, information, nutritional recommendations, recipes or other materials. Unless otherwise agreed by Shanno Fitness in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT SHANNO FITNESS DOES NOT PROVIDE PHYSICAL SERVICES OR FUNCTION AS A PERSONAL TRAINER. TO THE EXTENT THAT SHANNO FITNESS PROPOSES WORKOUT ROUTINES OR PHYSICAL TRAINING, YOU AGREE THAT FOLLOWING, ADOPTING OR EXECUTING SUCH WORKOUT ROUTINES OR PHYSICAL TRAINING IS ENTIRELY AT YOUR RISK AND THAT YOU SHOULD CONSULT A FITNESS PROFESSIONAL OR PROCEED AT YOUR OWN RISK.  We may, without prior notice, change the Services; stop providing the Services or any features of the Services we offer; or create limits for the Services. We may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason, or for no reason. 

 

3. LICENSE. 

Subject to your compliance with these Terms, Shanno Fitness grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Shanno Fitness and Shanno Fitness’ licensors. 

 

4. RESTRICTIONS. 

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Shanno Fitness; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. 

 

5. THIRD PARTY SERVICES AND CONTENT. 

The Services may be made available or accessed in connection with third party services and content (including advertising) that Shanno Fitness does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Shanno Fitness does not endorse such third party services and content and in no event shall Shanno Fitness be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. and/or Google LLC, a subsidiary of Alphabet Inc, will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS and/or Android OS. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. 

 

6. OWNERSHIP. 

The Services and all rights therein are and shall remain Shanno Fitness’ property or the property of Shanno Fitness’ licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Shanno Fitness’ company names, logos, product and service names, trademarks or services marks or those of Shanno Fitness’ licensors. 

 

7. ONE-TIME PAYMENTS AND SUBSCRIPTIONS. 

Shanno Fitness requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of making a one-time payment (“One-Time Payment”) for certain Services, including but not limited to, Challenges and One-on-One training, for such use.  All other services require purchasing a subscription (“Subscription”) for such use. 

I. GENERAL.  

Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. 

II. SUBSCRIPTIONS.  

If you purchase a Subscription, you will be charged the monthly Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month thereafter, at the time of sign-up Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE SHANNO FITNESS TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Shanno Fitness. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. 

III. CANCELLING ONE-TIME PAYMENT OR SUBSCRIPTION.  

ALL ONE-TIME PAYMENT TRANSACTIONS ARE FINAL.  YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can access your Subscription within your user profile at www.shannofitness.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period.   

 

8. YOUR USE OF THE SERVICE 

I. USER REQUIREMENTS AND CONDUCT. 

The Service is not available for use by persons under the age of 18.  You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. 

II. USER PROVIDED CONTENT. 

Shanno Fitness may, in Shanno Fitness’ sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Shanno Fitness through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, community activity, and submission of entries for competitions and promotions (“User Content”). By providing User Content to Shanno Fitness, you grant Shanno Fitness a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised  without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. 

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Shanno Fitness the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Shanno Fitness’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Shanno Fitness in its sole discretion, whether or not such material may be protected by law. Shanno Fitness may, but shall not be obligated to, review, monitor, or remove User Content, at Shanno Fitness’ sole discretion and at any time and for any reason, without notice to you. 

III. NETWORK ACCESS AND DEVICES. 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Shanno Fitness does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

 

9. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY 

I. DISCLAIMER. 

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. 

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. SHANNO FITNESS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SHANNO FITNESS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHANNO FITNESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SHANNO FITNESS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SHANNO FITNESS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. 

II. LIMITATION OF LIABILITY. 

1. SHANNO FITNESS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SHANNO FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHANNO FITNESS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SHANNO FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHANNO FITNESS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SHANNO FITNESS’ REASONABLE CONTROL. 

2. YOU AGREE THAT SHANNO FITNESS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY EXERCISE, WORKING OUT, GOODS OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. 

3. You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Applications meet your requirements. 

4. The physical activities to which the Services relate carry certain inherent risks including personal injury and property damage. You acknowledge that you undertake such activities entirely at your own risk. 

6. You agree that Shanno Fitness, its owners, officers, employees and agents have no liability to you for any loss of employment, wages, salary, profit, loss of business, business interruption, or loss of business opportunity. 

9. You acknowledge that the Applications and Services do not provide medical advice, fitness advice or other advice. 

10. You are solely responsible for maintaining the confidentiality of the device through which you access the Services and for restricting access to your password and to your computer while logged into the Services. You accept responsibility for all activities that occur under your account or device. 

11. Our maximum aggregate liability under or in connection with these Terms (including your use of any Application or Services) whether in contract, tort (including negligence) any cause of action or otherwise, or under any theory of damages, shall in all circumstances be limited to the amount you paid for the Services in the last one (1) month. 

III. NO MEDICAL ADVICE. 

THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND SHANNO FITNESS. 

By using Shanno Fitness’ “Community” you agree that this is a free general informational service only. You will not implement any suggestions from the Community without first consulting and seeking advice from an appropriate trainer in your area and/or ensuring such activities are safe and appropriate for you. You agree you will not bring any complaints or claims against Shanno Fitness arising from any issues with Community for any reason. The Community service is subject to Shanno Fitness’ Terms and Conditions. 

IV. INDEMNITY. 

You agree to indemnify and hold Shanno Fitness and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Shanno Fitness’ use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 

  

11. DISPUTE RESOLUTION 

I. ARBITRATION. 

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Shanno Fitness, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Shanno Fitness are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Shanno Fitness otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. 

 

7. OTHER PROVISIONS 

I. CHOICE OF LAW. 

These Terms are governed by and construed in accordance with the laws of the State of New Hampshire, U.S.A., without giving effect to any conflict of law principles. 

II. NOTICE. 

Shanno Fitness may give notice by means of a general notice on the Services, electronic mail to your email address in your Account. Such notice shall be deemed to have been given upon the expiration of  12 hours after sending. You may give notice to Shanno Fitness, with such notice deemed given when received by Shanno Fitness at any time, by email to: info@shannofitness.com. 

III. GENERAL. 

You may not assign these Terms without Shanno Fitness’ prior written approval. Shanno Fitness may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Shanno Fitness’ equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Shanno Fitness or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Shanno Fitness’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shanno Fitness in writing.