Last updated: January 3, 2017
By using the functional.fitness web site ("Service"), or any services of Pear Sports. ("COMPANY"), you are agreeing to be bound by the following terms and
conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON
BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT
YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL
USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE
TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL
REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF
YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE
TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND
MAY NOT USE THE SERVICES.
If COMPANY makes material changes to these Terms, we will notify you by
email or by posting a notice on our site before the changes are effective. Any new
features that augment or enhance the current Service, including the release of new
tools and resources, shall be subject to the Terms of Service. Continued use of the
Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. You
agree to use the Service at your own risk.
A. Account Terms
- You must be of legal age to contract to use this Service.
- You must be a human. Accounts registered by "bots" or other automated
methods are not permitted.
- You must provide your legal full name, a valid email address, and any other
information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple
people is not permitted. You may create separate logins for as many people as
your plan allows.
- You are responsible for maintaining the security of your account and password.
COMPANY cannot and will not be liable for any loss or damage from
your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your
account (even when Content is posted by others who have accounts under your
account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must
not, in the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright or trademark laws).
B. API Terms
Customers may access their COMPANY account data via an API (Application
Program Interface). Any use of the API, including use of the API through a third-party
product that accesses COMPANY, is bound by these Terms of Service plus
the following specific terms:
- You expressly understand and agree that COMPANY shall not be liable
for any direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses (even if COMPANY has been advised of the
possibility of such damages), resulting from your use of the API or third-party
products that access data via the API.
- Abuse or excessively frequent requests to COMPANY via the API may
result in the temporary or permanent suspension of your account's access to the
API. COMPANY, in its sole discretion, will determine abuse or excessive
usage of the API. COMPANY will make a reasonable attempt via email
to warn the account owner prior to suspension.
- COMPANY reserves the right at any time to modify or discontinue,
temporarily or permanently, your access to the API (or any part thereof) with or
without notice.
C. Payment, Refunds, Upgrading and Downgrading Terms
- All paid plans must enter a valid credit card. Free accounts are not required to
provide a credit card number.
- An upgrade from the free plan to any paying plan will immediately bill you.
- The Service is billed in advance on a monthly or yearly basis and is
non-refundable. There will be no refunds or credits for partial months of service,
upgrade/downgrade refunds, or refunds for months unused with an open
account. In order to treat everyone equally, no exceptions will be made.
- For any upgrade or downgrade in plan level, your credit card that you provided
will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity
of your Account. COMPANY does not accept any liability for such loss.
D. Cancellation and Termination
- You are solely responsible for properly canceling your account when your current
plan has expired. An email or phone message request to cancel your account is
not considered cancellation. You can cancel your account by talking to a client
service representative Monday-Friday 9am-5pm Eastern Time, excluding
holidays. A client service representative may be reached at 757-320-2998.
- All of your Content will be immediately blocked from the Service upon
cancellation. This information can be reinstated upon activating your account with
a new plan.
- COMPANY, in its sole discretion, has the right to suspend or terminate
your account and refuse any and all current or future use of the Service, or any
other COMPANY service, for any reason at any time. Such termination
of the Service will result in the deactivation or deletion of your Account or your
access to your Account, and the forfeiture and relinquishment of all Content in
your Account. COMPANY reserves the right to refuse service to anyone
for any reason at any time.
E. Modifications to the Service and Prices
- COMPANY reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees
to the Service, are subject to change upon 30 days’ notice from us. Such notice
may be provided at any time by posting the changes to the COMPANY
Site (functional.fitness) or the Service itself. These said changes would only
affect you when your current contract period has expired.
- COMPANY shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the Service.
F. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the
Service. Your profile and materials uploaded remain yours. However, by setting
your pages to be viewed publicly, you agree to allow others to view your Content.By setting your repositories to be viewed publicly, you agree to allow others to
view and fork your repositories.
- COMPANY does not pre-screen Content, but COMPANY and
its designee have the right (but not the obligation) in their sole discretion to
refuse or remove any Content that is available via the Service.
- You shall defend COMPANY against any claim, demand, suit or
proceeding made or brought against COMPANY by a third party alleging
that Your Content, or Your use of the Service in violation of this Agreement,
infringes or misappropriate the intellectual property rights of a third party or
violates applicable law, and shall indemnify COMPANY for any
damages finally awarded against, and for reasonable attorney's fees incurred by,
COMPANY in connection with any such claim, demand, suit or
proceeding; provided, that COMPANY (a) promptly gives You written
notice of the claim, demand, suit or proceeding; (b) gives You sole control of the
defense and settlement of the claim, demand, suit or proceeding (provided that
You may not settle any claim, demand, suit or proceeding unless the settlement
unconditionally releases COMPANY of all liability); and (c) provides to
You all reasonable assistance, at Your expense.
- The look and feel of the Service is copyright ©2015 COMPANY Tech
Corp. All rights reserved. You may not duplicate, copy, or reuse any portion of
the HTML/CSS, JavaScript, or visual design elements or concepts without
express written permission from COMPANY.
G. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an "as is"
and "as available" basis.
- Technical support is only provided to paying account holders and is only
available via email and phone (757-320-2998). Support is only available in
English at this time.
- You understand that COMPANY uses third party vendors and hosting
partners to provide the necessary hardware, software, networking, storage, and
related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as
to falsely imply that it is associated with the Service, COMPANY, or any
other COMPANY service.
- You may use COMPANY subdomains (e.g.,
yourname.functional.fitness) solely as permitted and intended by the Functional
Solutions Pages tool to host your company pages, personal pages, or open
source project pages, and for no other purpose. You may not use Functional
Solutions subdomains in violation of COMPANY trademark or other
rights or in violation of applicable law. COMPANY reserves the right at
all times to reclaim any COMPANY subdomain without liability to you.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service without the express
written permission by COMPANY.
- We may, but have no obligation to, remove Content and Accounts containing
Content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party's intellectual property or these Terms of
Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution)
of any COMPANY customer, employee, member, or officer will result in
immediate account termination.
- You understand that the technical processing and transmission of the Service,
including your Content, may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam"
messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as
determined solely by COMPANY) of other COMPANY
customers, we reserve the right to immediately disable your account or throttle
your file hosting until you can reduce your bandwidth consumption.
- COMPANY does not warrant that (i) the service will meet your specific
requirements, (ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate
or reliable, (iv) the quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your expectations,
and (v) any errors in the Service will be corrected.
- You expressly understand and agree that COMPANY shall not be liable
for any direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data or
other intangible losses (even if COMPANY has been advised of the
possibility of such damages), resulting from: (i) the use or the inability to use the
service; (ii) the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the service; (iii)
unauthorized access to or alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service; (v) or any other matter
relating to the service.
- The failure of COMPANY to exercise or enforce any right or provision of
the Terms of Service shall not constitute a waiver of such right or provision. The
Terms of Service constitutes the entire agreement between you and Functional
Solutions and govern your use of the Service, superseding any prior agreements
between you and COMPANY (including, but not limited to, any prior
versions of the Terms of Service). You agree that these Terms of Service and
Your use of the Service are governed under Virginia law.
- Questions about the Terms of Service should be sent to
info@functional.fitness
H. Agreement
- By electronically signing this Terms of Service agreement you understand and
agree to comply with all policies, rules, regulations and conditions issued by
Pear Sports.