Last Updated: June 8, 2020
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS
AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND
VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE
LAWS AND REGULATIONS.
POWER, INC. (“Power”, “we”, “us” or “our”, "PowGo") does not provide medical, fitness or
PowGo is also known as Power
You participate in exercise activities entirely at your own risk.
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
liability in Section 5.
1. CONTRACTUAL RELATIONSHIP
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 Power. 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 Power. 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. Power 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
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.
Power may amend the Terms related to the Services from time to time. Amendments
will be effective upon Power's 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
www.power.fitness at the bottom.
2. THE SERVICES
The Services constitute a technology platform that enables users of Power's mobile
application or website (each, an "Application") to receive workout routines and get
recommended exercises based on your body recovery state, fitness history and
workout style, including without limitation any advice, information, nutritional
recommendations, recipes or other materials. Unless otherwise agreed by Power in a
separate written agreement with you, the Services are made available solely for your
personal, noncommercial use.
YOU ACKNOWLEDGE THAT Power DOES NOT PROVIDE PHYSICAL
SERVICES OR FUNCTION AS A PERSONAL TRAINER. TO THE EXTENT
THAT Power PROPOSES WORKOUT ROUTINES OR PHYSICAL TRAINING
INTENDED TO BE PERSONALIZED TO YOUR FITNESS GOALS, 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.
Subject to your compliance with these Terms, Power 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
Power and Power's licensors.
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 Power; (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.
PROVISION OF THE SERVICES.
You acknowledge that portions of the Services may be made available under Power's
brand or request options associated with physical training, including the personalized
training brand currently referred to as "Power". You also acknowledge that the
Services may be made available under such brands or request options by or in
connection with: certain of Power's affiliates.
THIRD PARTY SERVICES AND CONTENT.
The Services may be made available or accessed in connection with third party
services and content (including advertising) that Power does not control. You
such third party services and content.
Power does not endorse such third party
services and content and in no event shall Power be responsible or liable for any
products or services of such third party providers. Additionally, Apple Inc. will be a
third-party beneficiary to this contract if you access the Services using Applications
developed for Apple iOS. This third party beneficiary is not party to this contract and
is not responsible for the provision or support of the Services in any manner. Your
access to the Services using these devices is subject to terms set forth in the
applicable third party beneficiary's terms of service.
The Services and all rights therein are and shall remain Power's property or the
property of Power's 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 Power's
company names, logos, product and service names, trademarks or services marks or
those of Power's licensors.
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 may not
allow persons under the age of 18 to receive personalized workouts or training from
Third Party Providers unless they are monitored by you. 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
II. USER PROVIDED CONTENT.
Power may, in Power's sole discretion, permit you from time to time to submit,
upload, publish or otherwise make available to Power through the Services textual,
audio, and/or visual content and information, including commentary and feedback
related to the Services, initiation of support requests, and submission of entries for
competitions and promotions ("User Content"). Any User Content provided by you
remains your property. However, by providing User Content to Power, you grant Power 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
(including in connection with the Services and Power's business and on third-party
sites and services), 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
Power 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 Power's 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
You agree to not provide User Content that is defamatory, libelous, hateful, violent,
obscene, pornographic, unlawful, or otherwise offensive, as determined by Power in
its sole discretion, whether or not such material may be protected by law. Power may,
but shall not be obligated to, review, monitor, or remove User Content, at Power's
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. Power 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.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
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,
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK.
Power 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. AIRBNB 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." Power
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,
Power 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. Power 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. Power 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 Power
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Power 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 Power HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Power SHALL NOT BE
LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM
CAUSES BEYOND Power'S REASONABLE CONTROL.
2. Power'S SERVICES MAY BE USED BY YOU TO PLAN AND CONDUCT A
WORKOUT, BUT YOU AGREE THAT Power 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. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT
PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER
THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
4. 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.
5. 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. Where you have been supplied the Services for domestic and private use only you
agree not to use the Applications and Services for any commercial, business or resale
purposes which are not first authorized by Power.
7. You agree that Power, 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.
8. You acknowledge that the Applications and Services do not provide medical
advice, fitness advice or other advice.
9. 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.
10. 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 twelve (12) months.
III. NO MEDICAL ADVICE.
Power provides the Services for you to track, manage, and plan your fitness activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND
SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. We are not licensed
medical professionals, and we are not in the business of providing medical advice.
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 Power.
You agree to indemnify and hold Power 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) Power's use of your User Content; or
(iv) your violation of the rights of any third party, including Third Party Providers.
6. 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 Power, 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
Power 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 Power 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.
II. ARBITRATION RULES AND GOVERNING LAW.
The arbitration will be administered by the American Arbitration Association
("AAA") in accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then
in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules
are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The
Federal Arbitration Act will govern the interpretation and enforcement of this
III. ARBITRATION PROCESS.
A party who desires to initiate arbitration must provide the other party with a written
Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form
Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a
separate form for California residents at www.adr.org/aaa/ShowPDF?
doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney
licensed to practice law in the state of California and will be selected by the parties
from the AAA's roster of consumer dispute arbitrators. If the parties are unable to
agree upon an arbitrator within seven (7) days of delivery of the Demand for
Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA
Rules. IV. ARBITRATION LOCATION AND PROCEDURE.
Unless you and Power otherwise agree, the arbitration will be conducted in Oslo,
Norway (unless the arbitrator selects another one if Oslo, Norway is unreasonably
burdensome to either party). If your claim does not exceed $10,000, then the
arbitration will be conducted solely on the basis of documents you and Power submit
to the arbitrator, unless you request a hearing or the arbitrator determines that a
hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be
determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the
discretion to direct a reasonable exchange of information by the parties, consistent
with the expedited nature of the arbitration.
V. ARBITRATOR'S DECISION.
The arbitrator will render an award within the time frame specified in the AAA Rules.
The arbitrator's decision will include the essential findings and conclusions upon
which the arbitrator based the award. Judgment on the arbitration award may be
entered in any court having jurisdiction thereof. The arbitrator's award damages must
be consistent with the terms of the "Limitation of Liability" section above as to the
types and the amounts of damages for which a party may be held liable. The
arbitrator may award declaratory or injunctive relief only in favor of the claimant and
only to the extent necessary to provide relief warranted by the claimant's individual
claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees
and expenses, to the extent provided under applicable law. Power will not seek, and
hereby waives all rights Power may have under applicable law to recover, attorneys'
fees and expenses if Power prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be
solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if
Power changes this "Dispute Resolution" section after the date you first accepted
these Terms (or accepted any subsequent changes to these Terms), you may reject any
such change by providing Power written notice of such rejection by email to: admin@Power.me, within 30 days of the date such change became effective, as
indicated in the "Last update" date above. In order to be effective, the notice must
include your full name and clearly indicate your intent to reject changes to this
"Dispute Resolution" section. By rejecting changes, you are agreeing that you will
arbitrate any Dispute between you and Power in accordance with the provisions of
this "Dispute Resolution" section as of the date you first accepted these Terms (or
accepted any subsequent changes to 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 Norway, Oslo, without giving effect to any conflict of law principles.
Power may give notice by means of a general notice on the Services, electronic mail
to your email address in your Account, or by written communication sent by first
class mail or pre-paid post to your address. Such notice shall be deemed to have been
given upon the expiration of 48 hours after mailing or posting (if sent by first class
mail or pre-paid post) or 12 hours after sending (if sent by email). You may give
notice to Power, with such notice deemed given when received by Power at any time,
by email to: email@example.com.
You may not assign these Terms without Power's prior written approval. Power may
assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an
acquirer of Power's 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, Power 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. Power's 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
Power in writing.