New Uses of Personal Information. I Exercise Simple may use your Personal Information for new purposes that were not originally contemplated by you when you provided that information to us. Where your consent for the Processing of Personal Information is required by law or other legal obligation, I Exercise Simple will endeavor to comply with the law or contract.
Information We Collect:
We collect personal information including your name, address, telephone number, employer, email address, site password, demographic information, health information or financial information when you visit our website or use the Services, which may include creating an account with us or entering into a transaction with us. Some of our Services may offer you the option to interact with, capture, or save information such as photos or through forum posts.
We also automatically collect information about the devices you use to interact with our Services. The information we automatically collect includes device identifier, web browser, geolocation (with your knowledge and consent), information collected through cookies and beacons located within on our Services, and IP address. We also automatically collect information about your use of the Services, such as what you content you have viewed and other interactions with the Services.
Why We Process Information:
Additional ways in which personal information is collected and processed are as follows:
Information You Provide:
Feedback, Surveys, or Contests. We may offer you the opportunity to participate in online surveys, solicitations, or contests. Information we request includes contact information and demographic information. Participation in surveys, solicitations, or contests is completely voluntary. Therefore, you have a choice as to whether to disclose any information. The information provided will be used to notify any contest, sweepstake or other game winners, to monitor and make improvements to our Services and to perform marketing analyses.
Sales of Products Online:
Our branded merchandise may be offered for sale by I Exercise Simple from the Services and also from third party sites. If you transact with I Exercise Simple via our Services, your information will be collected to process orders. Your information will be collected either by I Exercise Simple or by an authorized third-party payment processor.
Our Sites are general audience Sites not directed at children under the age of 13. If we obtain actual knowledge that any information, we collect has been provided by a child under the age of 13, we will promptly delete that information.
Social Networking Linking and Affiliation:
Some of the Sites allow you sign into and associate your social network accounts including, but not limited to, Twitter, LinkedIn, Facebook, YouTube, Instagram, and Pinterest with I Exercise Simple.
If you would like to disconnect a social media account from I Exercise Simple, refer to the settings of that social media account and its provider.
Sharing of Information:
We share the information you provide with affiliates, business partners, or authorized dealers to communicate with you about their products and services, and to send you notices, promotions, solicitations, brochures, and other marketing materials regarding our website, our products, and the Services. This may include sharing your precise geolocation with third parties, including but not limited to parties who provide targeted advertising and analytics services.
We also share your information with third parties who perform services and functions on our behalf to support our interactions with you including, for example, providing the Services and our products, administering surveys or contests, hosting product reviews, or communicating with you. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
In addition, we will disclose information about you, if required to do so by law, if in our discretion we believe that disclosure is necessary or appropriate to prevent physical or financial harm or loss or in connections with investigations regarding the same, to enforce our Terms and Condition, to support our internal functions, to protect our property or legal rights, and to comply with any applicable law.
We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets.
Third Party Website Links:
Our Sites may provide links to other websites for your convenience and information. These websites may operate independently from our Sites. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not part of this website, we are not responsible for their content, any use of the websites, or the privacy practices of any of those websites.
Personal Information Protection:
We maintain administrative, technical, and physical safeguards to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the information you provide when visiting or using the Sites.
However, we cannot provide any guarantee that the Internet will be completely safe and cannot provide any guarantee regarding the security of any information you provided us. We do not accept any liability for unintentional disclosure of information.
Access & Correction to Information:
You may have the right to request access to your personal information we have collected about you to review, modify, or request deletion. You may also have the right to request a copy of the information we have collected about you. In certain situations, you may also request that we restrict or cease processing your information. If you contact us we will do our best to comply with your request and to comply with any obligations we have regarding such a request.
To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your information.
Contact I Exercise Simple, Inc.:
I Exercise Simple, Inc.
42534 Legacy Park Drive
Brambleton, Virginia 20148
Call: (703) 965-7265
If you would like to update your contact information or preferences, have your information removed from our mailing lists, or no longer receive marketing e-mails resulting from information collected you may do so by:
Adjusting the settings in an account you created through the Sites; Unsubscribing via the links contained in emails from us; or contacting us at firstname.lastname@example.org.
Terms of Service
I Exercise Simple Terms of Service
Last Updated: January 31, 2019
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. I Exercise Simple, Inc. provides an online fitness training program and related products, services, content and features through its website, mobile, desktop, and device applications (including iOS and Android applications (“Apps”)) and I Exercise Simple social media pages (including Facebook, Instagram, Twitter and any others we use). All websites, social media accounts, Apps, or any other medium by which you use our products and services are collectively called the “I Exercise Simple Service(s)” or “Services”. If you register as a member, visit, use browse, or otherwise interact with the I Exercise Simple Service in any way, you (“user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and I Exercise Simple. If you do not agree to these Terms, you may not use the Services. The Services may be subject to additional terms and conditions which may be posted in other places within the Services or contained within other elements of the I Exercise Simple Service; Use of those other elements of the I Exercise Simple Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference.
1. Who May Use the I Exercise Simple Service
Age Requirement. The Services are not intended for anyone under the age of Thirteen (13). If you are over the age of Thirteen (13) and under the age of Eighteen (18) YOU MUST USE THE SERVICES UNDER THE SUPERVISION OF OR APPROVAL OF A PARENT OR GUARDIAN.
I Exercise Simple reserves the right to deny use of the Services in its sole discretion to any person or entity for any reason and reserves the right to change its eligibility criteria at any time. I Exercise Simple expressly allows you use of the Services for personal and non-commercial uses. You may not use these Services for the benefit of any third party.
2. License to Use the I Exercise Simple Service
License. Subject to your compliance with these Terms, I Exercise Simple grants you a limited, non-transferable, non-exclusive, revocable license to access and use the I Exercise Simple Service for your own personal, non-commercial purposes. This license includes the right to view Content available on the I Exercise Simple Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
THESE TERMS EXPRESSLY LIMIT YOUR ABILITY TO FILE A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS YOU MUST IMMEDIATELY CEASE USE OF THE I EXERCISE SIMPLE SERVICES.
Restrictions. Except as expressly permitted in writing by an authorized representative of I Exercise Simple, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the I Exercise Simple Service, nor will you take any measures to interfere with or damage the I Exercise Simple Service. All rights not expressly granted by I Exercise Simple in these Terms are reserved for I Exercise Simple.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
To enjoy full access to the I Exercise Simple Service, you must register as a member of the I Exercise Simple Service. You must provide complete and accurate registration information to I Exercise Simple, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we have the right to and may suspend or terminate your Subscription.
Profile Information. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in I Exercise Simple’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the I Exercise Simple Service. If you become aware of an unauthorized access to your account, change your password and notify us.
5. Sale of Products
I Exercise Simple may sell other products and services which may or may not be related to the Services. Availability of any products sold by I Exercise Simple cannot be guaranteed. All product and Service information is subject to change at any time in I Exercise Simple’s sole discretion. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants shown are for illustration only and are subject to change. I Exercise Simple reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions and will do its best to do so.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the I Exercise Simple Site or to your email address after your payment has been processed.
6. Term and Termination; Account Deletion
Term. These Terms begin on the date you first use the I Exercise Simple Service and continue as long as you have an account with us and/or continue to use the I Exercise Simple Service.
Termination. I Exercise Simple may terminate or modify any I Exercise Simple Services, product or service at any time without notice.
I Exercise Simple may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Services at any time and for any reason, without any liability to I Exercise Simple, subject to applicable law.
You understand and agree that some of your User Content (as defined in Section 7), particularly that which is displayed in an activity feed or in other public places on the Services (which if such functions do not exist in the Services now, may in the future), may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
These Terms remain in effect even after your account is terminated or you have stopped using the Services.
7. User Content
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the I Exercise Simple Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the I Exercise Simple Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the I Exercise Simple Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the I Exercise Simple Service.
You may not submit or upload User Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by I Exercise Simple, Inc. in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Content or communications you submit, at any time and for any or no reason, including to ensure that the User Content or communication conforms to these Terms, without prior notice to you. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the I Exercise Simple Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You represent that you have the right to post your User Content, and you grant I Exercise Simple a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you send or post on or in connection with the Services, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. I Exercise Simple may, in its sole discretion, remove any User Content at any time.
You understand and agree that any deleted User Content may persist in our system and on the Services to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
8. Rights and Terms for Apps
Rights in App Granted. Subject to your compliance with these Terms, I Exercise Simple grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy the App (ii) copy, modify or create derivative works based on the App; (iii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iv) reverse engineer, decompile or disassemble the App; or (v) make the functionality of the App available to multiple users through any means. I Exercise Simple reserves all rights in and to the App not expressly granted to you under these Terms.
If you access any I Exercise Simple Service using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of an I Exercise Simple Service to operate as intended.
These Terms are between you and I Exercise Simple, and not with the App Provider, and I Exercise Simple (not the App Provider), is solely responsible for the App. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of I Exercise Simple.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, I Exercise Simple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Services including websites.
You must also comply with all applicable third party terms of service when using the App.
9. General Prohibitions and I Exercise Simple’s Enforcement Rights
You agree not to do any of the following:
a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws;
b) Download and/or install any third party software and/or application on any I Exercise Simple hardware that is not expressly permitted by I Exercise Simple in writing;
c) Do not use any data mining, robots, scraping or similar data gathering methods;
d) Access, tamper with, or use non-public areas of the I Exercise Simple Service, I Exercise Simple’s computer systems, or the technical delivery systems of I Exercise Simple’s providers;
e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by I Exercise Simple or any of I Exercise Simple’s providers or any other third party (including another user) to protect the I Exercise Simple Service or Content;
f) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
g) Use any meta tags or other hidden text or metadata utilizing a I Exercise Simple trademark, logo URL or product name without I Exercise Simple’s express written consent;
h) Use the I Exercise Simple Service or Content, or any portion thereof, for any non-personal commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by I Exercise Simple;
i) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the I Exercise Simple Service or Content;
j) Interfere with, or attempt to interfere with, the access of any user, host or network;
k) Collect or store any personally identifiable information from the I Exercise Simple Service from other users of the I Exercise Simple Service without their express permission;
l) Copy, use, disclose or distribute any information obtained from the I Exercise Simple Service, whether directly or through third parties (such as search engines), without I Exercise Simple’s express written consent;
m) Violate any applicable law or regulation; or
n) Encourage or enable any other individual to do any of the foregoing.
We have the right to investigate violations of these Terms or conduct that affects the I Exercise Simple Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. Member Interactions, Dealings with Third Parties
If you interact with any other I Exercise Simple User, whether online or in public, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the I Exercise Simple Service are solely between you and such third party. You agree that I Exercise Simple is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
11. Indemnification / Release / Limitation of Liability
LIMITATION OF LIABILITY. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE PERFORMANCE OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE), OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE SERVICES, EVEN IF I EXERCISE SIMPLE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST I EXERCISE SIMPLE, INC. IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT IS TO NO LONGER USE THE SERVICES. UNDER NO CIRCUMSTANCES SHALL I EXERCISE SIMPLE INC.’S LIABILITY EXCEED $100.00 IF I EXERCISE SIMPLE IS DETERMINED TO BE LIABLE IN ANY WAY FROM YOUR USE OF THE SERVICES.
12. Third Party Software and applications
Downloading and/or installing any third party software and/or applications that are not expressly authorized by I Exercise Simple on any I Exercise Simple hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by I Exercise Simple.
13. Third Party Links and Content
I Exercise Simple may make available through the Services advice, opinion, statements, and other information including but not limited to exercise, training, nutrition and other information that may be provided by third parties through the Services (“Third-Party Content”). This Third-Party Content belongs to the providers of the Third-Party Content and these providers retain sole responsibility for the Third-Party Content they provide in connection with the Services. I EXERCISE SIMPLE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT IN THE SERVICES; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL I EXERCISE SIMPLE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE SERVICES.
14. No Warranties
I Exercise Simple reserves the right to modify the I Exercise Simple Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the I Exercise Simple Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the I Exercise Simple Service. I Exercise Simple has no obligation to screen or monitor any Content and does not guarantee that any Content available on the I Exercise Simple Service is suitable for all users or that it will continue to be available for any length of time.
I Exercise Simple provides the I Exercise Simple Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the I Exercise Simple Service at your own risk. I EXERCISE SIMPLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, QUIET ENJOYMENT AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.
Without limiting the foregoing, I Exercise Simple makes no representations or warranties:
That the I Exercise Simple Service is or will be permitted in your jurisdiction;
That the I Exercise Simple Service will be uninterrupted or error-free;
Concerning any Content, including User Content;
Concerning any third party’s use of User Content that you submit;
That the I Exercise Simple Service will meet your personal or professional needs;
That I Exercise Simple will continue to support any particular feature of the I Exercise Simple Service.
15. Safety Warnings
THE I EXERCISE SIMPLE SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE INFORMATION IS NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ, SEEN, OR HEARD WHILE USING THE SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE I EXERCISE SIMPLE SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE I EXERCISE SIMPLE SITE OR AVAILABLE THROUGH ANY I EXERCISE SIMPLE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. TO THE FULL EXTENT PERMITTED BY LAW, I EXERCISE SIMPLE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
In becoming a user of I Exercise Simple with the intent of using the I Exercise Simple Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the I Exercise Simple Service.
I Exercise Simple reserves the right to restrict your use of the Services if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
16. Intellectual Property
You acknowledge and agree that the I Exercise Simple Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by I Exercise Simple, Inc. or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain I Exercise Simple Services (such as our mobile applications) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of I Exercise Simple and/or its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with I Exercise Simple’s ownership of the Services, and that you gain no rights, title, or interest in or to any I Exercise Simple Services or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and I Exercise Simple. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of I Exercise Simple or any third party.
The I Exercise Simple name, logos and affiliated properties, designs and marks are the exclusive property of I Exercise Simple, Inc. its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the I Exercise Simple Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the I Exercise Simple Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the I Exercise Simple Service. All rights not expressly granted in these Terms are reserved.
17. Copyright Policy
Each user is responsible for ensuring that their User Content does not infringe any third party copyright or other intellectual property rights.
If properly notified that any materials infringe a third party’s copyright, I Exercise Simple will promptly remove such materials from the I Exercise Simple Site in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) or under other applicable law. I Exercise Simple reserves the right to and may take action to terminate the accounts of copyright infringers.
Filing a DMCA Notice (or equivalent legal notice), to Remove Copyrighted Content - for Copyright Holders:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the I Exercise Simple Site the material that you claim is infringing may be found, sufficient for I Exercise Simple to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
You may submit this information via:
I Exercise Simple Inc.
42534 Legacy Park Drive
Ashburn, VA 20148
I Exercise Simple may disclose any communications concerning DMCA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a CPDA or other applicable copyright notice, you should consult an attorney and obtain professional legal advice and/or representation.
18. CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW. YOU AND I EXERCISE SIMPLE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. Contracting Entities, Governing Law and Jurisdiction
Exclusive jurisdiction for all Disputes will be the state and federal courts located in North Carolina, United States of America, and you consent to the jurisdiction of those courts.
20. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by I Exercise Simple in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of I Exercise Simple. I Exercise Simple’s rights and remedies hereunder are cumulative and not exclusive.
21. Successors; Assignment; No Third Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without I Exercise Simple’s prior written consent. I Exercise Simple may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from I Exercise Simple electronically. I Exercise Simple may communicate by email or by posting to the I Exercise Simple Service. For support-related inquiries, you may email Support. For all other notices to I Exercise Simple, write to the following addresses:
I Exercise Simple Inc.
42534 Legacy Park Drive
Ashburn, VA 20148
Nothing in these Terms or otherwise limits I Exercise Simple’s right to object to subpoenas, claims, or other demands.
We may update these Terms at any time, in our sole discretion. Any update Terms will be posted on this site with a date indicating when the Terms were last updated at the top of the Terms page. Modifications will be effective on the date that they are posted to the I Exercise Simple Site. Even if you have used the Services before it is important to review the Terms before using the Services as the updated Terms will apply to your use. If you continue to use the I Exercise Simple Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. We reserve the right to change or even discontinue all or any part of the Services at any time we want and without notice to you or any other user.
24. Entire Agreement
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the I Exercise Simple Site from time to time:
In the event of a conflict between any policies posted on the I Exercise Simple Service and these Terms, these Terms will control. These Terms represents the entire understanding between I Exercise Simple and you regarding the I Exercise Simple Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
25. Force Majeure
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.