1 UP Fitness APP Terms of Service
Terms Of Service
Last Modified: 12/01/2020
Thank you for using our products and services (the “Service/s”). By becoming a member or using our Services, you accept and agree to these Terms and Conditions (“Terms”). Therefore, it is important that you carefully read through these Terms. If you do not agree to these Terms, you should not register with 1UP.
Using our Services
To use our Services you must follow some simple rules. The Service is only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either 1UP or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you agree that:
All of the personal data provided by you is accurate and up to date.
You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your 1UP account (“User Material”).
1UP does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove User Material from the Service and/or your user account and to terminate your account and membership.
Your membership, including your email and password, with 1UP is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. 1UP is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform 1UP’s Customer Service. Contact details are available at the bottom of this document.
Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not get a refund.
You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Services.
You may not contribute with any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services.
If you have any criticism or feedback regarding 1UP or our Services, you will first contact 1UP to help us to improve our Services.
You may not transmit, and/or distribute files that may damage 1UP or others’ computers or property (such as viruses and trojan horses).
You may not share others’ personal information, without their approval.
You can at any time choose to cancel/end your account at your convenience. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or on the website.
Health and nutritional information
You are responsible for your own health. 1UP is not a medical organization, and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users to record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. 1UP cannot guarantee any health, weight and/or fitness results or improvements. Our Services are only intended for healthy adults, and please do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our database has not been verified, investigated or reviewed by 1UP. 1UP cannot guarantee that the nutritional information provided in our database is accurate, reliable or complete. 1UP is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.
All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the property of 1UP and/or third parties.
You agree not to use Intellectual Property for any other purposes except for your use of the Service, unless required otherwise by applicable mandatory law.
By submitting User Material to 1UP, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your content. You agree to grant 1UP a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for 1UP to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by 1UP in accordance with these Terms.
Disclaimer and limitation of liability
You use the Service at your own risk. The Service is provided “AS IS”, without any warranties, and 1UP does not warrant that the Service and availability thereof will be uninterrupted or error free. 1UP does not assume any responsibility for errors or omissions in the information or software or other documents, including User Material, which are referenced by or linked to. References or links to third parties' websites are provided "AS IS" without warranty of any kind, either express or implied.
In no event shall 1UP be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence.
For the sake of clarity, 1UP doesn’t undertake the obligation to monitor the contents of User Material. We allow users to see content generated by other users. Sometimes, users may view content that we deem as inappropriate.
You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without 1UP’s prior written consent. 1UP is entitled to assign its rights and/or obligations under these Terms.
1UP reserves the right to refuse the Service to anyone for any reason at any time. 1UP may revise these Terms from time to time and the most current version will always be posted on 1UP’s website (www.1upnutrition.com). Any and all material changes shall become into effect between you and 1UP upon your acceptance of such changes (e.g. by using the Services after such notification has been made to you or renewing your subscription).
Governing law and dispute resolution
These Terms and the use of the Services are governed by the laws of Florida, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by US courts, whereby the courts in Miami-Dade County shall be the court of first instance.
For further information, inquiries or assistance you may contact 1UP. Customer Service is available in ways specified on the website or in the apps. The channels for support might differ from time-to-time.
1 Up Nutrition, LLC
8220 Commerce Way
Miami Lakes, FL 33016
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org