To get started, enter your Enrollment Identification (ID) and agree to the terms below.
IMPORTANT: READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("LICENSE") BEFORE INSTALLING OR USING THE PRODUCT.
BY CLICKING THE "AGREE" BUTTON, YOU (EITHER AN INDIVIDUAL OR SINGLE ENTITY) CERTIFY THAT YOU ARE NOT A MINOR AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THE LICENSE BELOW.
INSTALLING AND/OR USING THE PRODUCT AS DEFINED BELOW WILL BE AN IRREVOCABLE, UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE ABOVE, CHOOSE THE "NOT AGREE" BUTTON.
THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING END USER LICENSE AGREEMENT WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY PARK CITY ENTERTAINMENT, INC. and PCE Fitness, Salt Lake City, Utah 84104 U.S.A (herinafter referred to as "PCE Fitness" or "we" or "us").
INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS.
END USER LICENSE AGREEMENT
A. GRANTED LICENSE:
PCE Fitness provides you with access to an Internet based computer program, computer software, printed materials, a License and "online" or electronic documentation (called the "Product") for use in its system ("System"), which may include exercise equipment and health and fitness accessories. We grant you a revocable license to use the Product in accordance with the terms of this License for your own needs.
Any supplemental software code and supporting materials provided to you as part of support services provided by PCE Fitness for the Product shall be considered part of the Product and subject to the terms and conditions of this License. You must reproduce any copyright or other notice marked on the Product on all copies you make.
Any other rights than those granted with the present agreement, such as, but not limited to, copyright or other intellectual property, shall remain with PCE Fitness or with the respective owners of such rights.
B. YOU MAY:
1. Install and use the Personal Computer Component of the Product on up to two computers for the use in combination with your IHP account;1. Install and use the Personal Computer Component of the Product on up to two computers for the use in combination with your IHP account;
2. Make one copy of the Personal Computer Component of the Product for archive or backup purposes only; and
3. Access your IHP account from Personal Computers and other electronic devices attached to the Internet.
C. YOU MAY NOT:
1. Use the Product or make copies of it except as expressly permitted in this License or use the Product other than for its intended purpose, which intended purpose is to determine your exercise programs, track your exercise program results, set fitness goals, and otherwise be more engaged in raising your health and fitness.
2. Translate, reverse engineer, decompile, or disassemble the Product or help third parties to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. Rent, lease, assign, or transfer the Product or the rights granted hereunder except as set out in paragraph B above.
4. Modify the Product or merge all or any part of the Product with or use in another program.
5. Separate the component parts of the Product for use on more than one computer.
6. Use the System or any of its components or the Product for diagnostic purposes. Please note that the System or the Product can not replace a Physician's consultation.
This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitation of Warranties and Liability set out below shall continue in force even after any termination.
E. LIMITATION OF WARRANTIES AND LIABILITY:
THE SYSTEM AND ALL OF ITS COMPONENTS IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUS, THE CONTENT OR THE ACCURACY OF THE PRODUCT OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, TO THE MAXIMUM EXTENT THIS MAY BE WAIVED UNDER APPLICABLE LAW.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SYSTEM AND ANY OF ITS COMPONENTS AND ACCESSORIES IS ASSUMED BY YOU. NEITHER WE NOR OUR LICENSED CENTERS, EMPLOYERS, DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR: LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERUPTION, LOSS OF PRIVACY, OR LOSS OF ANY KIND BASED UPON OUR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE OR BASED UPON OUR NEGLIGENCE), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SYSTEM OR ANY OF ITS COMPONENTS OR THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE OR HAVE BEEN FORESEEABLE.
WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
F. CONSENT TO USE OF USER PROVIDED INFORMATION:
PCE Fitness respects your privacy and agrees not to use your personally identifiable information for promotional purposes, except as hereinafter stated, or product research. You hereby consent to our use of your information in a manner which does not personally identify you for continuing research to improve our products and services and for promotional purposes. Furthermore, you hereby consent to our use of your information to provide you with other product offers and promotions. We agree to take measures to protect your personally identifiable information, such as maintaining password protections on information available through our website, and you hereby acknowledge and agree that we are not liable for actions of third parties that breach said measures or hack into the System.
You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to the System. Your disclosure of your password to any other person is entirely at your own risk. You agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update the information to keep it true, accurate, current and complete.
G. ACCESS TO THIRD PARTY WEBSITES:
To the extent that you may link to third party sites through the use of the System we are not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites as the third party sites are not under the control of PCE Fitness. We are not responsible for any form of transmission received from any third party sites and we provide links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by PCE Fitness of the third party site.
This License is the entire agreement between you and PCE Fitness, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of Utah, United States of America , excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English.
Should any conflict relating to this end user license agreement and the use of the Product or any other conflict between the parties arise, you hereby agree that any action that you, or any third party on your behalf, shall bring shall be brought in the state or Federal Courts located in Salt Lake City, Utah, U.S.A., and you expressly consent to the jurisdiction of said courts.
I agree to the terms and conditions as stated above.
I do NOT agree to the terms and conditions as stated above.
Data collected on this website is considered confidential and will be used exclusively in support of the program and associated research. PCE Fitness will not sell or distribute this information to any outside companies, individuals or agencies for sales or marketing purposes.