App Terms & Conditions

This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of Candice McField Fitness products, service and applications (together, the “App”) operated by Candice McField Fitness, LLC (“CMF”), and the information and services made available on and through the App. Please read these Terms and Conditions carefully. These Terms and Conditions will form a binding Agreement between you, the user or organization and CMF.

Acceptance of Terms & Conditions
Your use of the App indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the App. The use of the App is a privilege. Please review these Terms and Conditions each time you use the App as they are subject to change at any time by CMF without notice to you. Any changes to these Terms and Conditions will be effective immediately upon posting to the App.

Intellectual Property
The text, graphics, designs, logos, button icons, images, audio clips, data compilations and information (“Content”) contained on the App are owned or controlled by CMF or its respective owners and are protected by United States and international copyright laws. You may download Content solely for your personal use for non-commercial purposes. You may not modify or further reproduce the Content for any purpose whatsoever.

All logos and trademarks displayed on the App are registered trademarks or trademarks of CMF or are the marks, trade names, trade dress of their respective owners. Depictions of products or services on the App are trademarks of their respective owners (“Trademarks”) and are protected in the United States and internationally. No use of any Trademarks may be made without the prior written authorization of CMF or the respective owners of the Trademarks except to identify the products or services associated therewith.

Nothing contained herein shall be construed as conferring any license or right to any patents, copyright or trademark embodied in the App. All right, title and interest in the Content and the Trademarks shall reside solely with CMF or the respective owners thereof.

CMF does not want to receive confidential or proprietary information from you through the App and any information or material sent to CMF through the App in respect of any products or service referenced or offered on the App will be deemed NOT to be confidential. By sending CMF any information or material regarding our services, you grant CMF an unlimited, worldwide, irrevocable right and license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that CMF is free to use any ideas, inventions, concepts, know-how or techniques that you send CMF for any purpose. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

Representations of User
By using the App, you hereby represent and warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights.

You accept full responsibility, assume all risk, and waive and/or release CMF from any direct or indirect loss, injury, claim or damage arising from your use of the App, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using the App, you attest and verify that you are physically and mentally able to use the App, and knowingly accept and are fully aware of all risks associated with its use.

If you include information which identifies who you are, or who your employee is, in any transmission you make using the App and combine that with any of your or your employee’s health care or medical information, this could constitute the type of health information someone might find valuable. CMF makes no representation or warranty regarding the confidentiality of that information. You agree that the best practice would be for you to eliminate any health information from any transmission you make using the App and you will therefore exert every effort to eliminate any such health information from any such transmission.

You will not do anything in connection with your use of the App to compromise the integrity or confidentiality of anyone’s health information and will immediately notify CMF in the event you become aware of anything or anyone which or who might be acting in a way that might compromise the integrity or confidentiality of any CMF user’s health information.

Monitoring of Information
CMF does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the App by you, other users of the App, or of companies offering products or services on the App. Notwithstanding, CMF may in its discretion review information submitted to the App for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the App for any reason whatsoever.

Hyperlinks
From time to time, as a convenience to you, the App may include links to third party web sites, or permit third parties to link to this App. Links to or from a third party web site, whether provided by CMFor not, do not imply any affiliation between CMF and the site owner, or an endorsement of such third party sites. We may cancel any link at any time and will remove any link from this App upon request from the owner of the linked site. Such requests should be emailed to help@candicemcfield.com.

Availability
Not all of the products and services described on this App are available in all geographic areas of the world. You may not be eligible for all of the described products or services and we reserve the right to determine the eligibility of any user for any product or service. The pages relating to each product or service may provide additional information on the availability of each product or service and may contain additional terms governing eligibility.

Accuracy of Content
CMF will make every reasonable effort to include accurate and up to date content on the App. Notwithstanding, CMF provides such content for informational purposes only and does not warrant or represent that descriptions of services or other content contained on the App is complete, accurate, reliable, current or error-free.

Disclaimer
THE APP AND THE INFORMATION ON THIS APP IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CMF MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS APP WILL BE CURRENT, TIMELY, COMPLETE, ACCURATE OR ERROR FREE. CMF, LLC HAS NOT REVIEWED ALL THE SITES THAT MAY BE LINKED TO ITS APP AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-APP PAGES OR ANY OTHER SITES LINKED TO THESE SITES. YOUR LINKS TO SUCH SITES IS AT YOUR OWN RISK. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE APP, OR ANY OTHER WEB SITE TO WHICH THIS APP LINKS, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL CMF BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS APP, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

CMF MAKES NO REPRESENTATIONS REGARDING: (A) THE CREDENTIALS OF ANYONE USING THE APP AS PART OF ANY HEALTH CARE OR MEDICAL PLAN OF CARE OR PLAN OF TREATMENT (“POC”); (B) THE SUITABILITY OF THE EXERCISES INCLUDED IN ANY SUCH POC; (C) THE VIABILITY, MEDICAL SOUNDNESS OR EFFICACY OF ANY SUCH POC; OR (D) THE OVERALL HEALTH OR MEDICAL BENEFITS YOU MIGHT DERIVE FROM USING THE APP OR POC WHICH INCORPORATES THE APP.

CMF IS NOT A LICENSED HEALTH CARE PROVIDER AND IS NOT IN THE BUSINESS OF PRACTICING MEDICINE OR PROVIDING ANY OTHER PROFESSIONAL HEALTH CARE OR MEDICAL ADVICE. YOU SHOULD SEEK THE ADVICE OF QUALIFIED, LICENSED PROFESSIONALS FOR ANY MEDICAL CARE NEEDS YOU HAVE.

Governing Law & Venue
These Terms and conditions are governed by the internal substantive laws of the State of Kansas in the United States of America, without respect to its conflict of laws principles. Jurisdiction and venue for any claims arising under from the use of the App or these Terms and Conditions shall lie exclusively with the state and federal courts within the State of Kansas. You hereby irrevocably consent to the jurisdiction of the state and federal courts within the State of Kansas.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of CMF to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.

Changes
The information contained in these Terms and Conditions may be changed or updated by CMF from time to time and without prior notice by posting the modified Terms and Conditions to the App. CMF may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. It is your obligation to review these Terms and Conditions on an ongoing basis. Your continued use of the App constitutes your agreement to these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this App.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CMF HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS INCURRED IN CONNECTION WITH ANY LEGAL ACTION) ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.

MEDICAL PROFESSIONAL TERMS
If you are a medical professional and/or you with to access the professional access levels of the App, please read the following representations and warranties and indicate below whether you agree:

I. I am a licensed health care professional and I intend to provide services using CMF products. In connection with that use, I represent and warrant that I: 1) am appropriately licensed under the laws of the state and country where I provide services; 2) am qualified to provide services using the CMF products; 3) understand that the CMF products I intend to use are designed and intended for use only under the guidance and supervision of a qualified health care professional or certified exercise physiologist and are not intended for unsupervised personal or recreational use; 4) will ensure that anyone I use the CMF products with is physically and mentally able to use the products, and knowingly accepts and has full awareness of all risks associated with the use of such products; and 5) hereby indemnify and hold harmless CMF, its directors, officers, agents, successors and assigns, from and against any and all liabilities, costs, damages and expenses (including, without limitation, attorneys’ fees and associated costs) resulting from or attributable to any and all acts or omissions by me in the course of my provision of any services utilizing CMF products. I also certify that I am a licensed health care professional, certified exercise specialist or fitness professional, and that I fully understand the principles of prescribing safe exercise programs.

OR

II. I am not a licensed health care professional but am studying to become one. As part of my education, I am using CMF products but not with actual patients. Rather, I am using the CMF products to learn how to prepare a plan of care for particular medical conditions and desired outcomes. In connection with that use, I represent and warrant that I: 1) am not licensed as a health care professional; 2) am actively studying to obtain licensure as a health care professional; 3) understand that the CMF products are to be used ONLY by licensed health care professionals; 4) understand that the CMF products I intend to use are designed and intended for use only under the guidance and supervision of a qualified health care professional or certified exercise physiologist and are not intended for unsupervised personal or recreational use; and 5) hereby indemnify and hold harmless CMF, its directors, officers, agents, successors and assigns, from and against any and all liabilities, costs, damages and expenses (including, without limitation, attorneys’ fees and associated costs) resulting from or attributable to any and all acts or omissions by me in connection with my use of CMF products as part of my education.

I have read the foregoing representations and warranties, agree that I am either a licensed health care professional or am studying to become so licensed and affirm that I can make the relevant representations and warranties as stated above.

 

SHARE TERMS FOR SHARE WORKOUT
Share Workout
Terms of Service Highlights
At CMF we recognize that knowing your legal rights and responsibilities is important when you use our services and products. We spell out those rights and responsibilities in our Terms of Service below. This notice provides some highlights of the Terms of Service, which describe in detail the terms that apply for the use of the Share feature.

Whenever you use the Share feature (or other CMF software or services) it’s under the terms of a legal contract with CMF. This contract is made up of these Terms of Service and the legal notices for the feature, software or services you use. If you behave improperly, we may terminate our agreement with you. This may result in your inability (and other’s inability) to access content you have submitted using the Share feature (“Submission”).

You must not make a Submission that includes content which you do not have a right to distribute according to this agreement. And you must not make a Submission that contains pornographic materials.

Marking a Submission (for example, a Workout) PUBLIC gives us the right (but not the obligation) to distribute the Submission (or any part of it) to any of our users, and to otherwise use the Submission (or any part of it) in any manner we choose.

If you don’t mark a Submission PUBLIC, remember that anyone you share it with (and any people they share it with) can mark it PUBLIC, giving us the same rights we would have had if you had marked the Submission PUBLIC. In other words, if you don’t want to give us those rights, be careful who you share with.

Keep in mind that we don’t have to share your Submissions with others. We can decide to share them, share it with them for a fee, or not to share them. Also, even if we share your Submission with others, we reserve the right to stop sharing it with them at any time. While we plan to share your Submissions as you direct, we reserve the right not to.

When you use our services, you remain responsible for your conduct and actions, and for any content you’ve submitted to us. CMF does not assert any ownership rights in your content. What belongs to you, stays yours. We do, however, require that you give us a license to the content you post so that we can host it and at our option, make it available to others. Keep in mind that we may charge others a fee to obtain your Submission. Because of the way we work, although some or all of the content shared using the Share feature may be ours, the Workouts usually aren’t ours. And we may not monitor what we send to you at the request of others, although in some limited cases we might.

CMF doesn’t make any specific promises about the Share feature working properly, or in any particular manner.

Terms of Service
This Share feature permits you to submit one or more Workouts, or other information, for CMF to share with others. Your use of the Share feature is subject to these Terms of Service, and also includes the terms of any subsequent legal notices applicable to the Share feature (the “Additional Terms”). Where Additional Terms apply to a feature, these will be accessible for you to read either within, or through your use of, that feature. These Terms of Service, together with the Additional Terms, form a legally binding agreement (the “Terms”) between you and CMF in relation to your use of the Share feature.

In order to use the Share feature, you must first agree to the Terms. You may not use the Share feature if you do not accept the Terms. You can accept the Terms by: clicking to accept or agree to the Terms, where this option is made available to you by CMF in the user interface for any feature; or by actually using the feature. You agree to use the Share feature only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You should print or save a local copy of these Terms of Service for your records

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SHARE (OR RECEIVE) FEATURE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURSELF, YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

You agree that you will only submit information using the Share feature that you have a right to permit CMF to share or republish in the manner you select for submission, e.g., Public or Non-Public. You agree that you are responsible for your own conduct and the contents of any Submission you make.

If you include information which identifies who you are, or who your client/patient is, in any submission and combine that with any of your or your client’s/patient’s health care or medical information, this could constitute the type of health information someone might find valuable. CMF makes no representation or warranty regarding the confidentiality of that information. You agree that the best practice would be for you to eliminate any health information from any submission you make and you will therefore exert every effort to eliminate any such health information from any such submission.

You will not do anything in connection with any submission you make to compromise the integrity or confidentiality of anyone’s health information and will immediately notify CMF in the event you become aware of anything or anyone which or who might be acting in a way that might compromise the integrity or confidentiality of any CMF user’s health information.

You agree that your Submission will not: contain pornographic content; contain instructions that are intended to be harmful to others. You agree that your Submission will contain appropriate warnings if it contains potentially dangerous instructions. As between you and CMF, you agree to take full responsibility for your Submission, and for any harm that it may cause to a third party.

You agree not to make a Submission (or attempt to make a Submission) by any means other than through the interface that is provided by CMF. You agree that you will not engage in any activity that interferes with or disrupts the Share feature.

You retain copyright and any other rights you already hold in your Submission and any part thereof (the “Content”).

PUBLIC Submissions: If you flag the Submission as PUBLIC, you give CMF a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute or otherwise exploit the Submission and its Content, and to associate your name and likeness with the Submission and/or its Content. You agree that this license includes a right for CMF to make such Content available to other companies, organizations or individuals regardless of whether CMF has relationships with them. CMF may trade, barter and/or sell any Submission, or any part of a Submission, and has no obligation to compensate you, regardless whether it receives anything of value for your Submission.

NON-PUBLIC Submissions: If you flag the Submission as NON-PUBLIC, you give CMF a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute or otherwise exploit the Submission and its Content. CMF shall, however, endeavor to limit distribution of the Submission only to CMF members that you select, or members selected by members you select or that are selected by other selected members. By making your Submission, you authorize anyone with whom your Submission is shared (by you or by others) to flag your Submission as PUBLIC, on your behalf. If you don’t want to authorize others to flag your Submission as PUBLIC on your behalf, don’t share it using the Share feature.

You understand that CMF, in performing the required technical steps to provide its services to its users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit CMF to take these actions. You confirm and warrant to CMF that you have all the rights, power and authority necessary to grant the above license.

Although you make a Submission, CMF has no legal obligation to share that information with any other person, or for any specific period of time. Even if CMF shares your Submission, it may in its sole discretion stop sharing your Submission at any time, for any reason or for no reason.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) in the content comprising your Submission.

Unless you have been expressly authorized to do so in writing, you agree that your Submission, will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CMF’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND CMF’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SHARE FEATURE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU SPECIFICALLY UNDERSTAND THAT CMF IS NOT A LICENSED HEALTH CARE PROVIDER AND IS NOT IN THE BUSINESS OF PRACTICING MEDICINE OR PROVIDING ANY OTHER PROFESSIONAL HEALTH CARE OR MEDICAL ADVICE.

IN PARTICULAR, CMF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

IF USING THE PROFESSIONAL ACCESS LEVELS OF THE APP (PRO/PT) YOU EXPRESSLY STATE THAT YOU ARE A LICENSED HEALTH CARE PROFESSIONAL AND INTEND TO PROVIDE SERVICES USING CMF PRODUCTS. IN CONNECTION WITH THAT USE, YOU REPRESENT AND WARRANT THAT YOU: 1) ARE APPROPRIATELY LICENSED UNDER THE LAWS OF THE STATE WHERE YOU PROVIDE SERVICES; 2) ARE QUALIFIED TO PROVIDE SERVICES USING THE CMF PRODUCTS; 3) UNDERSTAND THAT THE CMF PRODUCTS YOU INTEND TO USE ARE DESIGNED AND INTENDED FOR USE ONLY UNDER THE GUIDANCE AND SUPERVISION OF A QUALIFIED HEALTH CARE PROFESSIONAL OR CERTIFIED EXERCISE PHYSIOLOGIST AND ARE NOT INTENDED FOR UNSUPERVISED PERSONAL OR RECREATIONAL USE, 4) WILL ENSURE THAT ANYONE YOU USE THE CMF PRODUCTS WITH IS PHYSICALLY AND MENTALLY ABLE TO USE THE PRODUCTS, AND KNOWINGLY ACCEPTS AND HAS FULL AWARENESS OF ALL RISKS ASSOCIATED WITH THE USE OF SUCH PRODUCTS, AND 5) HEREBY INDEMNIFY AND HOLD HARMLESS CMF, ITS DIRECTORS, OFFICERS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, DAMAGES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND ASSOCIATED COSTS) RESULTING FROM OR ATTRIBUTABLE TO ANY AND ALL ACTS OR OMISSIONS BY YOU IN THE COURSE OF PROVIDING ANY SERVICES UTILIZING CMF PRODUCTS. YOU ALSO CERTIFY THAT YOU ARE A LICENSED HEALTH CARE PROFESSIONAL, CERTIFIED EXERCISE SPECIALIST OR FITNESS PROFESSIONAL, AND THAT YOU FULLY UNDERSTAND THE PRINCIPLES OF PRESCRIBING SAFE EXERCISE PROGRAMS.

OR

IF USING THE PROFESSIONAL ACCESS LEVELS OF THE APP (PRO/PT) YOU EXPRESSLY STATE THAT YOU ARE NOT A LICENSED HEALTH CARE PROFESSIONAL BUT ARE STUDYING TO BECOME ONE. AS PART OF YOUR EDUCATION, YOU ARE USING CMF PRODUCTS BUT NOT WITH ACTUAL PATIENTS. RATHER, YOU ARE USING THE CMF PRODUCTS TO LEARN HOW TO PREPARE A PLAN OF CARE FOR PARTICULAR MEDICAL CONDITIONS AND DESIRED OUTCOMES. IN CONNECTION WITH THAT USE, YOU REPRESENT AND WARRANT THAT YOU: 1) ARE NOT LICENSED AS A HEALTH CARE PROFESSIONAL; 2) ARE ACTIVELY STUDYING TO OBTAIN LICENSURE AS A HEALTH CARE PROFESSIONAL; 3) UNDERSTAND THAT THE CMF PRODUCTS ARE TO BE USED ONLY BY LICENSED HEALTH CARE PROFESSIONALS; 4) UNDERSTAND THAT THE CMF PRODUCTS YOU INTEND TO USE ARE DESIGNED AND INTENDED FOR USE ONLY UNDER THE GUIDANCE AND SUPERVISION OF A QUALIFIED HEALTH CARE PROFESSIONAL OR CERTIFIED EXERCISE PHYSIOLOGIST AND ARE NOT INTENDED FOR UNSUPERVISED PERSONAL OR RECREATIONAL USE; AND 5) HEREBY INDEMNIFY AND HOLD HARMLESS CMF, ITS DIRECTORS, OFFICERS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, DAMAGES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND ASSOCIATED COSTS) RESULTING FROM OR ATTRIBUTABLE TO ANY AND ALL ACTS OR OMISSIONS BY YOU IN CONNECTION WITH YOU USE OF CMF PRODUCTS AS PART OF YOUR EDUCATION.

I have read the foregoing representations and warranties, agree that I am either a licensed health care professional or am studying to become so licensed and affirm that I can make the relevant representations and warranties as stated above.

YOU ACCEPT FULL RESPONSIBILITY, ASSUME ALL RISK, AND WAIVE AND/OR RELEASE CMF FROM ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM OR DAMAGE ARISING FROM YOUR USE OF THE SUBMISSION, WHETHER OR NOT SUCH USE WAS APPROPRIATELY SUPERVISED AND REGARDLESS OF WHETHER YOU WERE NEGLIGENT IN SUCH USE. BY USING THE SUBMISSION, YOU ATTEST AND VERIFY THAT YOU ARE PHYSICALLY AND MENTALLY ABLE TO USE THE SUBMISSION, AND KNOWINGLY ACCEPT AND ARE FULLY AWARE OF ALL RISKS ASSOCIATED WITH ITS USE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMF OR THROUGH OR FROM THE SHARE FEATURE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

CMF FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CMF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH CMF MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE CMF WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON CMF’S LIABILITY TO YOU IN THE FOREGOING PARAGRAPH SHALL APPLY WHETHER OR NOT CMF HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

It is CMF’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

In consideration for CMF granting you access to and use of the Share feature, you agree that CMF may place advertising on or in your Submission.

You agree that CMF may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on its website or content related to the Share feature.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with CMF under the Terms, shall be governed by the laws of the State of Kansas without regard to its conflict of laws provisions. You and CMF agree to submit to the exclusive jurisdiction of the courts located within Johnson County to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that CMF shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CMF HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS INCURRED IN CONNECTION WITH ANY LEGAL ACTION) ARISING OUT OF YOUR BREACH OF THESE TERMS.

 

RECEIVE TERMS FOR SHARE WORKOUT
Share Workout (Receive)
Terms of Service Highlights
At CMF we recognize that knowing your legal rights and responsibilities is important, including when you use our services and products. We spell out those rights and responsibilities in our Terms of Service below. This notice provides some highlights of the Terms of Service, which describe in detail the terms that apply for the use of the Receive feature.

Whenever you use the Receive feature (or other CMF software or services) it’s under the terms of a legal contract with CMF. This contract is made up of these Terms of Service and the legal notices for the feature, software or services you use. If you behave improperly, we may terminate our agreement with you. This may result in your inability (and other’s inability) to access content you have received using the Receive feature (“Submission”).

We are not responsible for the content of the information you receive using the Receive feature! When you use our services, you remain responsible for your conduct and actions. Because of the way we work, although some or all of the content shared using the Receive feature may be ours, the Workouts usually aren’t ours and we may not monitor what we send to you at the request of others, although in some limited cases we might. The information you receive using the Receive feature may contain content that you find offensive or may contain instructions that are or could be harmful if followed.

You take full responsibility for your use of the Submission, and for any harm that it may cause to you or a third party.

You will only share or republish information you receive using the Receive feature that you have a right to share or republish in the manner you select to do so.

We don’t make any specific promises about the Receive feature working properly, or in any particular manner. We are not responsible for things that might happen to you as a consequence of your use the information you receive using the Receive feature.

Terms of Service
This Receive feature permits you to receive one or more Workouts, or other information, that have been submitted by someone else to CMF for the purpose of sharing with others. Your use of the Receive feature is subject to these Terms of Service, and also includes the terms of any subsequent legal notices applicable to the Receive feature (the “Additional Terms”). Where Additional Terms apply to a feature, these will be accessible for you to read either within, or through your use of, that feature. These Terms of Service, together with the Additional Terms, form a legally binding agreement (the “Terms”) between you and CMF in relation to your use of the Receive feature.

In order to use the Receive feature, you must first agree to the Terms. You may not use the Receive feature if you do not accept the Terms. You can accept the Terms by: clicking to accept or agree to the Terms, where this option is made available to you by CMF in the user interface for any feature; or by actually using the feature. You agree to use the Receive feature only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You should print off or save a local copy of these Terms of Service for your records.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RECEIVE FEATURE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURSELF, YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

You understand that CMF is not responsible for the content of the information you receive using the Receive feature (a “Submission”). You agree that you will only share or republish a Submission that you have a right to share or republish in the manner you select to do so.

You understand that the Submission may contain content that you find offensive or may contain instructions that are or could be harmful if followed. You agree to take full responsibility for your use of the Submission, and for any harm that it may cause to you or a third party.

You understand that if you include information which identifies who you are in any Submission or response to any Submission and combine that with any of your health care or medical information, this could constitute the type of health information someone might find valuable. CMF makes no representation or warranty regarding the confidentiality of that information. You agree that the best practice would be for you to eliminate any health information from any communication you engage in regarding a Submission and you will therefore exert every effort to eliminate any such health information from any such communication.

You will not do anything in connection with your use of the Submission to compromise the integrity or confidentiality of anyone’s health information and will immediately notify CMF in the event you become aware of anything or anyone which or who might be acting in a way that might compromise the integrity or confidentiality of any CMF user’s health information.

You agree not to access a Submission (or attempt to access a Submission) by any means other than through the interface that is provided by CMF.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) in the content comprising the Submission.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CMF’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND CMF’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE RECEIVE FEATURE AND ANY SUBMISSION RECEIVED THEREBY IS USED AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IN PARTICULAR, CMF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMF OR THROUGH OR FROM THE RECEIVE FEATURE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

CMF FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU ACCEPT FULL RESPONSIBILITY, ASSUME ALL RISK, AND WAIVE AND/OR RELEASE CMF FROM ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM OR DAMAGE ARISING FROM YOUR USE OF THE SUBMISSION, WHETHER OR NOT SUCH USE WAS APPROPRIATELY SUPERVISED AND REGARDLESS OF WHETHER YOU WERE NEGLIGENT IN SUCH USE. BY USING THE SUBMISSION, YOU ATTEST AND VERIFY THAT YOU ARE PHYSICALLY AND MENTALLY ABLE TO USE THE SUBMISSION, AND KNOWINGLY ACCEPT AND ARE FULLY AWARE OF ALL RISKS ASSOCIATED WITH ITS USE.

YOU SPECIFICALLY UNDERSTAND THAT CMF IS NOT A LICENSED HEALTH CARE PROVIDER AND IS NOT IN THE BUSINESS OF PRACTICING MEDICINE OR PROVIDING ANY OTHER PROFESSIONAL HEALTH CARE OR MEDICAL ADVICE. YOU SHOULD SEEK THE ADVICE OF QUALIFIED, LICENSED PROFESSIONALS FOR ANY MEDICAL CARE NEEDS YOU HAVE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CMF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH CMF MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE CMF WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

CMF makes no representations regarding: (a) the credentials of anyone MAKING ANY SUBMISSION as part of any health care or medical plan of care or plan of treatment (“POC”); (b) the suitability of the exercises included in any such POC; (c) the viability, medical soundness or efficacy of any such POC; or (d) the overall health or medical benefits you might derive from using the SUBMISSION or POC which incorporates the SUBMISSION.

THE LIMITATIONS ON CMF’S LIABILITY TO YOU IN THE FOREGOING PARAGRAPH SHALL APPLY WHETHER OR NOT CMF HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

You agree that CMF may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on its website or content related to the Receive feature.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with CMF under the Terms, shall be governed by the laws of the State of Kansas without regard to its conflict of laws provisions. You and CMF agree to submit to the exclusive jurisdiction of the courts located within Johnson County to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that CMF shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CMF HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS INCURRED IN CONNECTION WITH ANY LEGAL ACTION) ARISING OUT OF YOUR BREACH OF THESE TERMS.

 

PRINT TERMS FOR PRINT WORKOUT
Print Workout
Terms of Service Highlights
At CMF, we recognize that knowing your legal rights and responsibilities is important when you use our services and products. We spell out those rights and responsibilities in our Terms of Service below. This notice provides some highlights of the Terms of Service, which describe in detail the terms that apply for the use of the Print feature.

Whenever you use the Print feature (or other CMF software or services) it’s under the terms of a legal contract with CMF. This contract is made up of these Terms of Service and the legal notices for the feature, software or services you use. If you behave improperly, we may terminate our agreement with you or limit your ability to use the Print feature. This may result in your inability (and other’s inability) to access content you have submitted using the Print feature (“Submission”).

For the purpose of clarification, the use of the term “Print” does not refer to paper printing, but rather to using a function to create output content, and to transmit that content or links to that content.

You must not make a Submission that includes content which you do not have a right to distribute according to this agreement. And you must not make a Submission that contains pornographic materials.

When you use our services, you remain responsible for your conduct and actions, and for any content you’ve submitted to us. CMF does not assert any ownership rights in your content. What belongs to you, stays yours. We do, however, require that you give us a license to the content you submit so that we can host it. Keep in mind that we may charge others a fee to obtain your submission. Because of the way we work, although some or all of the content shared using the Print feature may be ours, the Workouts usually aren’t ours. And we may not monitor what we send to you at the request of others, although in some limited cases we might.

CMF doesn’t make any specific promises about the Print feature working properly, or in any particular manner.
Terms of Service
This Print feature permits you to submit one or more Workouts, or other information, for CMF to share with others, either permanently, or for a limited period of time. Your use of the Print feature is subject to these Terms of Service, and also includes the terms of any subsequent legal notices applicable to the Print feature (the “Additional Terms”). Where Additional Terms apply to a feature, these will be accessible for you to read either within, or through your use of, that feature. These Terms of Service, together with the Additional Terms, form a legally binding agreement (the “Terms”) between you and CMF in relation to your use of the Print feature.

In order to use the Print feature, you must first agree to the Terms. You may not use the Print feature if you do not accept the Terms. You can accept the Terms by: clicking to accept or agree to the Terms, where this option is made available to you by CMF in the user interface for any feature; or by actually using the feature. You agree to use the Print feature only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You should print off or save a local copy of these Terms of Service for your records.

The content produced or delivered as a result of using the Print feature, including video content, is protected by US and international copyright laws. When you print, CMF will send links to the content. You may not download, and then reproduce or electronically post the content in PDF or any other form. You may not alter or remove any portion of the content produced by the Print feature, including, without limitation, the copyright notices.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRINT (OR RECEIVE PRINT) FEATURE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURSELF, YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

You agree that you will only submit information using the Print feature that you have a right to permit CMF to share or republish in the manner you select for submission, e.g., Public or Non-Public. You agree that you are responsible for your own conduct and the contents of any Submission you make.

If you include information which identifies who you are, or who your client/patient is, in any submission and combine that with any of your or your client’s/patient’s health care or medical information, this could constitute the type of health information someone might find valuable. CMF makes no representation or warranty regarding the confidentiality of that information. You agree that the best practice would be for you to eliminate any health information from any submission you make and you will therefore exert every effort to eliminate any such health information from any such submission.

You will not do anything in connection with any submission you make to compromise the integrity or confidentiality of anyone’s health information and will immediately notify CMF in the event you become aware of anything or anyone which or who might be acting in a way that might compromise the integrity or confidentiality of any CMF user’s health information.

You agree that your Submission will not: contain pornographic content; contain instructions that are intended to be harmful to others. You agree that your Submission will contain appropriate warnings if it contains potentially dangerous instructions. As between you and CMF, you agree to take full responsibility for your Submission, and for any harm that it may cause to a third party.

You agree not to make a Submission (or attempt to make a Submission) by any means other than through the interface that is provided by CMF. You agree that you will not engage in any activity that interferes with or disrupts the Print feature.

You retain copyright and any other rights you already hold in your Submission and any part thereof (the “Content”).

You give CMF a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute or otherwise exploit the Submission and its Content, and to associate your name and likeness with the Submission and/or its Content. You agree that this license includes a right for CMF to make such Content available to other companies, organizations or individuals regardless of whether CMF has relationships with them. CMF may trade, barter and/or sell any Submission, or any part of a Submission, and has no obligation to compensate you, regardless whether it receives anything of value for your Submission.

You understand that CMF, in performing the required technical steps to provide its services to its users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit CMF to take these actions. You confirm and warrant to CMF that you have all the rights, power and authority necessary to grant the above license.

Although you make a Submission, CMF has no legal obligation to share that information with any other person, or for any specific period of time. Even if CMF shares your Submission, it may in its sole discretion stop sharing your Submission at any time, for any reason or for no reason.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) in the content comprising your Submission.

Unless you have been expressly authorized to do so in writing, you agree that your Submission, will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CMF’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND CMF’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRINT FEATURE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

IN PARTICULAR, CMF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

YOU ACCEPT FULL RESPONSIBILITY, ASSUME ALL RISK, AND WAIVE AND/OR RELEASE CMF FROM ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM OR DAMAGE ARISING FROM YOUR USE OF THE SUBMISSION, WHETHER OR NOT SUCH USE WAS APPROPRIATELY SUPERVISED AND REGARDLESS OF WHETHER YOU WERE NEGLIGENT IN SUCH USE. BY USING THE SUBMISSION, YOU ATTEST AND VERIFY THAT YOU ARE PHYSICALLY AND MENTALLY ABLE TO USE THE SUBMISSION, AND KNOWINGLY ACCEPT AND ARE FULLY AWARE OF ALL RISKS ASSOCIATED WITH ITS USE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMF OR THROUGH OR FROM THE PRINT FEATURE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

CMF FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CMF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH CMF MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE CMF WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

THE LIMITATIONS ON CMF’S LIABILITY TO YOU IN THE FOREGOING PARAGRAPH SHALL APPLY WHETHER OR NOT CMF HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

It is CMF’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

In consideration for CMF granting you access to and use of the Print feature, you agree that CMF may place advertising on or in your Submission.

You agree that CMF may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on its website or content related to the Print feature.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with CMF under the Terms, shall be governed by the laws of the State of Kansas without regard to its conflict of laws provisions. You and CMF agree to submit to the exclusive jurisdiction of the courts located within Johnson County to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that CMF shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CMF HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS INCURRED IN CONNECTION WITH ANY LEGAL ACTION) ARISING OUT OF YOUR BREACH OF THESE TERMS.