Terms and Conditions
June 13, 2017


IMPORTANT


The number of calories burned shown is simulated according to average BPM values, your gender, age, weight and height.


MaxiClimber® designs products and tools that help with your fitness goals, to empower and inspire users to lead healthier, more active lives. These Terms of Service (“Terms”) govern your use of our personal fitness products, our websites and the software embedded in MaxiClimber® App.

You must accept these Terms to create an account and to use MaxiClimber® App. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE THE MAXICLIMBER® APP.



These Terms May Change

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on MaxiClimber® App. When you use the MaxiClimber® App after a modification is posted, you are telling us that you accept the modified terms.



Read Our Privacy Policy

Any information that we collect through your use of the MaxiClimber® App is subject to our Privacy Policy, which is part of these Terms.



Use of MaxiClimber® App

You may use the MaxiClimber® App if you have a mobile device, and download and install the App.



Creating an Account

The use of the MaxiClimber® App requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. MaxiClimber® is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. In order to personalize your training, we also ask you for a name, age, gender, width and height.



Our Enforcement Rights

We are not obligated to monitor access or use of the MaxiClimber® App, to review or edit any content, but we have the right to do so for the purpose of operating the MaxiClimber® App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the MaxiClimber® App at any time and without notice, and at our sole discretion, if we determine that your use of the MaxiClimber® App is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the MaxiClimber® App.



Use the MaxiClimber® App At Your Own Risk

Our goal is to provide helpful information on the MaxiClimber® App, but we make no endorsement, representation or warranty of any kind about any content, information, services or recommendations. The accuracy of the data collected and presented through the MaxiClimber® App is not intended to match that of medical devices or scientific measurement devices. The number of calories burned shown is simulated according to average BPM values, your gender, age, weight and height.

We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the MaxiClimber® App. If you rely on any MaxiClimber® App content, you do so solely at your own risk.



Consult Your Doctor Before Using The MaxiClimber®

If you have a medical or heart condition, consult your doctor before using the MaxiClimber® App, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Maxicllimber and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the MaxiClimber® App. If you engage in any exercise program you receive or learn about through the MaxiClimber® App, you agree that you do so at your own risk and are voluntarily participating in these activities.



Feedback And Submissions Policy

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by MaxiClimber®, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.



You Agree to Receive Alerts And Notifications

As part of your use of the MaxiClimber® App, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.



Changes To The MaxiClimber® App

MaxiClimber® may change or discontinue, temporarily or permanently, any feature or component of the MaxiClimber® App at any time without notice. MaxiClimber® is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the MaxiClimber® App. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed without prior notice to you.



Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete your content and other information related to your account. You may cancel your account at any time by contacting Customer Support.



Indemnity

You will indemnify and hold harmless MaxiClimber® and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the MaxiClimber® App, or (ii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.



Limitation of Liability

NEITHER MAXICLIMBER®, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MAXICLIMBER® APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MAXICLIMBER® APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAXICLIMBER® HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAXICLIMBER® AND YOU.



General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between MaxiClimber® and you regarding the MaxiClimber® App, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MaxiClimber® and you regarding the MaxiClimber® App. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without MaxiClimber®’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MaxiClimber® may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by MaxiClimber® under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the MaxiClimber® App. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

MaxiClimber®’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MaxiClimber®. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.



Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.



Contact Us

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.