Requirements for Use of the TM Services
The TM Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Full use of the TM Services requires compatible TM Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors.
Please see the section entitled "Precautions" below for recommended precautions related to your use of the TM Products and the TM Services.
Content found on the Site or through the TM Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or through the TM Services. You should consult with your physician before following any instructions you receive through the TM Services or participating in any event announced on or through the TM Services. Not all activities described on the TM Services are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the TM Services unless such use is directed and closely monitored by a physician. By using the TM Services, you represent that you have received consent from your physician to participate in the programs and activities described on the TM Services.
We are not responsible for any health problems that may result from programs, products, or events you learn about through the TM Services. If you engage in any program you receive or learn about through the TM Services you agree that you do so at your own risk and are voluntarily participating in these activities.
Information on the TM Services
We try to provide helpful and accurate information on the TM Services, but we make no endorsement, representation or warranty of any kind about any information, services, or recommendations made available through the TM Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the TM Services. If you rely on any information provided by TM, TM employees, or others appearing on or contributing content to the TM Services, you do so solely at your own risk.
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. TM cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your TM account or for any third party’s fraudulent use or misuse of information submitted by you.
You represent that the information that you provide about yourself as requested in the TM account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing TM with your current email address, so that you may receive notifications and other account-related communications.
Ownership of the TM Services
Except for the User Generated Content, the TM Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by TM or its licensors. You acknowledge that the TM Services and any underlying technology used in connection with the TM Services contain TM’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), reverse engineer, or commercially exploit any part of the TM Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the TM Services not expressly granted to you by TM are retained by TM and its licensors.
User Indemnification of TM
Changes to TM Services
TM may change or discontinue, temporarily or permanently, any feature or component of the TM Services at any time without further notice. You agree that TM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the TM Services.
Content and Warranty Disclaimer
THE SITE IS PROVIDED BY TM AND ITS AFFILIATES "AS IS." NEITHER TM NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SITE. IN ADDITION, TM AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, TM DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL TM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF FORTIFY ARISING FROM OR RELATING TO THE SITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $50. TM‘S AFFILIATES, PROVIDERS, AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.