IMPORTANT READ CAREFULLY: Please read this End User License Agreement (the "Agreement") carefully as it sets forth the terms and conditions of use of the ROWViGOR, llc software application (the “Application”) and is a legally binding agreement between you, personally, and any entity on whose behalf you are using the Application (collectively "You" and/or "Your") and ROWViGOR, llc ("ROWViGOR"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
ROWViGOR reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice to You. Modifications shall become effective immediately upon download of any applicable updates or modifications to the Application. Your continued use of the Application after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
The Application may be used by, and membership or participation in any online accounts, is limited to individuals who can form legally binding contracts under applicable law. You must (1) provide all equipment necessary for Your own Internet connection, including computer and/or table and/or mobile device and modem, and (2) provide for Your access to the Internet. You may install and use the Application on only two (2) personal smartphone or tablet (collectively “devices”). You may not alter in any manner or fashion of any nature whatsoever or otherwise separate component parts of the Application. You do not have the right to distribute the Application to any other individuals or entities. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
Subject to the terms and conditions mentioned herein, You are hereby granted a limited, non-exclusive, non-transferable, restricted license solely for the purpose of using the Application or to receive services provided by or through the Application. No other right, title or interest is granted in, and to the Application. ROWViGOR reserves all rights not expressly granted to you in this Agreement. You shall not modify the Application, except as may be authorized by ROWViGOR in writing, nor adapt, translate, reverse engineer, decompile, disassemble, and/or otherwise attempt to discover the source code of the software, nor take any other steps to discover the confidential information or trade secrets contained in the Application.
This Agreement does not give you any rights to any updates or upgrades to the Application or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the Application developed by ROWViGOR or its suppliers or licensors at any time in the future. Except as required under applicable law, this Agreement does not entitle you to receive any maintenance or support services with respect to the Application. ROWViGOR may provide Updates and/or support at its sole and absolute discretion. If provided by ROWViGOR, Updates may be delivered automatically or You may be notified when a new Update is ready to be installed, or ROWViGOR may make such Updates available for download. You authorize ROWViGOR to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the Application or for any reasonable business purpose. Your use of the Updates will be governed by this Agreement unless You are asked to agree to new or additional terms at the time of download or installation.
All content included or available through the Application, including the Application design, text, graphics, interfaces, and the selection and arrangements thereof, and all trademarks, copyrights, database rights and other intellectual property rights related to it belong to ROWViGOR. Any use of materials on or from the Application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ROWViGOR is strictly prohibited. You may not rent or lease the Application to any other individual or entity for any reason. You may not sell or resell the Application to any other individual or entity for any reason.
You agree that ROWViGOR and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Application. ROWViGOR may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
ROWViGOR is not responsible for and makes no representations or warranties regarding any content from any third-party sites or services provided through the Application, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. ROWViGOR is providing these services, links and access to third-party sites and services to you only as a convenience, and the inclusion of any service, link or access does not imply an endorsement by ROWViGOR of the third-party site or service.
The Application may contain or be provided with components subject to the terms and conditions of open source software licenses (“Open Source Software”). Open Source Software may be identified in the documentation, or ROWViGOR shall provide a list of the Open Source Software on ROWViGOR’s website. To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification, reverse engineering or limitations of liability.
You represent and warrant to ROWViGOR that: (i) You have the full power and authority to enter into and perform your obligations under this Agreement; (ii) Your assent to and performance of Your obligations under this Agreement does not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) all information provided by You on Your account is accurate and current and will be updated by You to remain current; (iv) this Agreement constitutes legal, valid and binding obligations on You, enforceable in accordance with its terms and conditions; (v) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in Your use of the Application; (vi) You will comply with all applicable laws, rules and regulations in Your use of the Application, as well as the agreed upon terms of this Agreement; and (vii) You understand and acknowledge that ROWViGOR may terminate this Agreement at any time in its sole discretion
The application is provided by ROWViGOR on an "AS IS" and “WITH ALL FAULTS” and on an "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, ROWViGOR makes no representations or warranties of any kind, express or implied, that the application or the use thereof (i) will be free from defects, inaccuracies or errors, (ii) will be uninterrupted or secure (iii) will meet your requirements or (iv) will operate in the configuration or with the other software you use. ROWViGOR disclaims all warranties with regard to the Application or information provided through the Application, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to You in its entirety.
I realize that use of the Application involves exercising and in particular rowing, which can be a HAZARDOUS activity. There are many dangers and risks associated with exercise and rowing, including, but not limited to, equipment failure, inadequate safety equipment, the negligence of myself or others, and trauma or injury arising with the stresses caused by physical exertion, including but not limited muscle strain, sprains, bruises, abrasions, joint and other orthopedic injuries, torn muscles, heart-related illnesses, back injuries, stroke, heart attack, paralysis, or death. I recognize that rowing requires physical conditioning and I represent that I am in sound physical condition and that I have no physical or medical condition that would endanger either others or myself in the use of the rowing equipment and the Application during physical exercise. I agree to freely and expressly assume and accept any and all risks of injury or death possible when using the Application and rowing equipment, or property loss or damage, including injury, death, loss or damage attributable to the negligence of the ROWViGOR.
ROWViGOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ROWViGOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE APPLICATION, OR ITS USE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF ROWViGOR ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE APPLICATION, ITS USE, OR ANY ASSOCIATED SERVICES EXCEED THE FEES PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. I AM AWARE THIS IS A RELEASE OF LIABILITY AND RECOGNIZE AND AGREE THAT IS BINDING UPON MYSELF, MY HEIRS AND ASSIGNS.
You agree to indemnify, defend and hold ROWViGOR, its representatives, officers, agents and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of the use of the Application, whether by You or a third party, the violation of this Agreement, or infringement by You of any intellectual property or any other right of any person or entity.
ROWViGOR reserves the right to stop providing the Application with or without notice to You. ROWViGOR shall not be liable to You or any third party should ROWViGOR exercise its right to stop providing the Application. You acknowledge and accept that ROWViGOR does not guarantee continuous, uninterrupted or secure access or use of the Application and operation of the Application and may be interfered with or adversely affected by numerous factors or circumstances outside of ROWViGOR's control. You should not use the Application for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property.
This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that this Agreement is made and partially performed in the State of Colorado, and that venue for any action at law or in equity arising out of or relating to this Agreement shall be exclusively limited to the state or federal courts located in the State of Colorado. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such action, and waive any defenses of lack of minimum contacts or forum non conveniens.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You shall not use or access the Application in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by ROWViGOR, in its sole discretion, to a third party in the event of a merger or acquisition or sale of all or substantially all of the assets of ROWViGOR. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between You and ROWViGOR. To the extent the terms of any ROWViGOR policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.