BACK TO HOMETerms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
1.1. In these Terms and Conditions the following words have the following meanings unless the context requires otherwise:
- "Agreement" means the agreement between the User and Only the Fit LLC trading as CarnaVita.com and its subsidiaries, incorporating these Terms and Conditions for the provision of the Service;
- ”Applicant” means a person applying for Membership;
- ”Intellectual Property Rights” mean all patents, database rights, copyrights, registered and unregistered design rights, registered and unregistered trademarks and any other similar rights wherever existing in the world together with the right to apply for protection of the same;
- ”CarnaVita.com” and “CarnaVita” mean Only the Fit LLC, a Delaware limited liability company, 300 Spectrum Center Drive,Suite 400,Irvine, CA, 92618 and any of its affiliates, successors or assigns;
- ”Liability” means the liability for any and all damages, injuries, illnesses, claims, proceedings, actions, awards, expenses, costs and any other losses or liabilities;
- ”Member” means any person whose Membership has been accepted by CarnaVita.com and whose Membership remains valid for the time being;
- ”Membership” means the entitlement to the Services by virtue of being a Member;
- ”Other User” means any person who browses the Web Site;
- ”Posting” means displaying, exhibiting, publishing, distributing, transmitting or disclosing information, details or other material on the Service, and the phrases “Post” and “Posted” shall be constructed accordingly;
- ”Profile” means the section of the Posting containing details, photographs and/or information about the User composed and Posted by the User;
- ”Service” means the service provided by CarnaVita.com to the User including, but not limited to: CarnaVita.com allowing the User to browse the Web Site, to contact and/or to be contacted by other Members through the Web Site, follow the exercise, nutrition and lifestyle plans designed for the User, contact or be contacted by CarnaVita.com trainers and/or nutritionists and/or to Post information on the Web Site;
- ”Terms and Conditions” mean the terms and conditions of use of the Services as represented by this Agreement and as varied and as amended by CarnaVita.com at its full discretion at any time and published accordingly on the Web Site;
- ”User” means the person whose application for membership of the Service is accepted by CarnaVita.com;
- ”Web Site” means the web site at URL www.CarnaVita.com (or any such other URL that CarnaVita.com may use to provide the Service from time to time at their discretion);
- “Health Professional” means all CarnaVita.com contracted personal trainers, nutritionists and medical professionals including any and all personal trainers, nutritionists, dieticians, medical doctors, fitness instructors, advisors, wellness coaches, lifestyle coaches and any individual or group who regularly or from time to time posts, transmits, or offers any information or instruction through the CarnaVita.com website, or through newsletters, emails, mobile apps or in person meetings.
1.2. Unless the context otherwise requires, words in the singular include the plural and vice versa and words in one gender include any other gender.
2.1. By accepting these conditions the Applicant warrants and represents to CarnaVita.com the following:
- That the Applicant is over 18 years old;
- That the Applicant has not been convicted of any offence relating to violence or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act); and/or
- That the Applicant has not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
2.2. If the Applicant is not able or not willing to give the warranties and representations set out in the above clause 2.1 above then the Applicant shall not apply for Membership.
2.3. The warranties and representations set out in the above clause 2.1 shall be continuing for the duration of any Membership. Accordingly, if the Member becomes convicted of any offence relating to violence or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); or becomes subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing or amending such Act), then the Member must immediately notify CarnaVita.com and cease and desist from using the Services forthwith. The Membership shall be considered terminated immediately.
2.4. That the applicant has not been restricted from strenuous physical activity by a doctor or qualified physician.
2.5. That the applicant does not suffer any medical condition that would prohibit physical exercise or the following of selective nutritional advice.
- CONTRACT BASIS
3.1. This is a legally binding agreement between the User and CarnaVita.com for the provision of the Service.
3.2. The Terms and Conditions of use shall govern the Agreement between the User and CarnaVita.com to the exclusion of any other terms or conditions.
3.3. The User agrees to abide by these Terms and Conditions as set out in this Agreement and any other terms and conditions as amended by CarnaVita.com from time to time at their full discretion.
3.4. The Terms and Conditions as amended by CarnaVita.com from time to time supersede all other terms and conditions and shall replace any terms and conditions previously notified to the User.
3.5. CarnaVita.com reserves the right to vary the Terms and Conditions at any time. If CarnaVita.com in its full discretion decides to vary the Terms and Conditions, any such updated Terms and Conditions will be posted on the Web Site from time to time as applicable.
3.6. CarnaVita.com employees, including sub-contractors and agents of CarnaVita.com, are not authorized to make any representations or warranties concerning the Service unless confirmed by CarnaVita.com in writing.3.6. The User acknowledges that he or she does not rely on any representation and/or any warranty that has not been made in accordance with these Terms and Conditions.
3.7. CarnaVita.com reserves the right to monitor and at its sole discretion to remove for any reason any information, photographs or any other material Posted by the User, Members or Other Users.
3.8. CarnaVita.com shall have the right to refuse to register applications for Membership and to terminate Memberships at any time.
3.9. The Agreement between the User and CarnaVita.com shall come into effect on the acceptance by CarnaVita.com of the application of the User for Membership. No application for Membership shall be deemed to be accepted by CarnaVita.com until the User has received confirmation of the Membership from CarnaVita.com by e-mail.
3.10. The User will not be able to contact other Members or read and reply to other Members' messages until CarnaVita.com has received payment.
3.11. CarnaVita.com reserves the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
3.12 The user will not be able to access daily fitness, nutrition and lifestyle content until CarnaVita.com has received full payment for said services
- PRICE AND PAYMENT
4.1. The price of the Service shall be as shown on the Web Site from time to time. Any increases in prices for the Service will be shown on the Web Site.
4.2. The prices are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time.
4.3. The User shall pay all sums due to CarnaVita.com under this Agreement by the means of the payment specified on the Web Site and without any set-off, deduction, counterclaim or any other withholding of monies. Any applicable banking charges on such payments shall be borne by CarnaVita.com.
4.4. Until CarnaVita.com has received either cash or cleared funds in respect of the full amount outstanding, payment shall not be deemed to be made.
4.5. This Agreement may be terminated by either party at any time, for any reason by notice in writing. Termination of the Agreement by either party will be effective upon that party sending written notice to the other party of their intentions. The User must complete the relevant form on the Web Site to terminate the Agreement.
4.6. All monies paid by the User to CarnaVita.com are non-refundable. A cancellation or termination of this Agreement by the User or CarnaVita.com at any time for any reason will not entitle the User to a refund of monies paid.
4.7 When paying for a membership with CarnaVita.com with a credit or debit card you will be automatically re-billed to renew your membership on its expiration. To cancel this re-billing option go to 'Account' then 'Settings' then “Subscription” where you need to click on the link “cancel” to disable recurring billing.
4.8 For all App Payments user will be charged to their iTunes account at purchase confirmation of one of our subscription packages. Available subscription packages expressed in United States Dollars are:
- 1 Month charged at: $29.99 (Inclusive of all content and full app access)
- 3 Month charged at: $59.99 (Inclusive of all content and full app access)
- 6 Month charged at $89.99 (Inclusive of all content and full app access)
4.9 When purchasing a subscription through our app through in and of the App stores user subscription will be automatically rebilled on expiration. Auto-renewal is set as default on all subscription purchases. Your account will be charged for renewal within 24-hours prior to the end of the current period, the cost of renewal will be equal to the amount you originally paid for the previous subscription package. User can disable auto-renewal at any time by going to. ‘My Account’ -> Subscription – from there user is able to click on the link to cancel. This will disable auto-renewal. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
4.10 Subscriptions may be managed by the user and auto-renewal may be turned off at any time by going to the ‘My Account’ after purchase
4.11 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to CarnaVita
- MEMBER'S OBLIGATIONS
5.1 The User undertakes not to:
- Post personal contact details in the relevant User’s Profile, including but not limited to the Users telephone number, address, e-mail address or URL in the relevant User’s Profile nor will the User Post any other information which would allow Other Users or Members to contact the User directly;
- transmit or Post information, pictures or any other material which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties' rights (including but not limited to Intellectual Property Rights and privacy rights);
- use the Service to promote another site, service or business in any way including but not limited to Posting any personal e-mail addresses, URL's or other personal telephone numbers in the respective User’s Profile;
- Solicit other Members' business, or to buy or sell products or services through the Service;
- Misuse in any way the Service or any information Posted on the Service;
- Attempt to gain unauthorized access to any information available on the Service or to any of the networks used in providing the Service;
- Post or reproduce in any way any information or material in which the Intellectual Property Rights belong to another party without the prior consent of the owner of such rights;
- Copy, in whole or in part any of the information on the Web Site (including, but not limited to any information contained in other Members’ Profiles) other than for the purposes contemplated in this Agreement;
- Post any chain letters or junk e-mail to other Members;
- In any way assign, transfer, part with or authorize any other person to use, the User’s Membership;
- Transmit, Post or email to any other Member any information, pictures or other material, which in the opinion of CarnaVita.com is sexually explicit, racist, abusive, threatening, sexually suggestive, libelous or obscene; and/or
- Transmit, Post or email to any other Member any information, pictures or other material, which in the reasonable opinion of CarnaVita.com is capable of offending Other Users’ political or religious beliefs.
6.1. The User acknowledges that Other Users will be able to view their Profile.
6.2. CarnaVita.com may copy or reproduce any information Posted by the User on the Web Site in any form and in any manner as CarnaVita.com may think fit.
6.3. If the User decides to Post or discloses any confidential or sensitive information about the User to Other Users, then the User does so entirely at the User’s own risk.
6.4. The User will be able to view the details and profiles of other Members.
6.5. The User warrants and represents to CarnaVita.com that all information Posted by the User
- is accurate, true, complete and is not misleading; and
- will be regularly updated by the User so that it remains accurate, true, complete and not misleading.
6.6. CarnaVita.com reserves the right to review the Profile from time to time and to amend or delete the entire Profile or parts of it as CarnaVita.com in its sole discretion think that it should be amended or deleted.
6.7. CarnaVita.com reserves the right to move member profiles into different wellness categories and change users trainers and nutritionists at anytime for any reason
- The User fails to make any payment to CarnaVita.com when due;
- The User breaches the terms of this Agreement;
- The User persistently breaches the terms of this Agreement;
- The User fails upon request to provide CarnaVita.com with sufficient information to enable CarnaVita.com to determine the accuracy or validity of any information Posted by the User; and/or
- In CarnaVita.com’s reasonable opinion any information Posted by the User is damaging or potentially damaging to the interests of CarnaVita.com’s business, then CarnaVita.com shall have the right, without prejudice to any other remedy, to exercise any or all of the rights set out in clause 7.2 below.
7.2. If any of the events set out in clause 7.1 above occurs in relation to The User then:-
- CarnaVita.com may terminate this Agreement with immediate effect;
- CarnaVita.com may immediately suspend or terminate the User’s access to the Service without notice; and/or
- All monies owed by the User to CarnaVita.com shall become immediately due and payable.
7.3. Any failure by CarnaVita.com to enforce our rights to terminate the Agreement upon a breach of the terms of this Agreement by the User does not constitute a waiver of our rights and CarnaVita.com reserves to enforce our rights at any time.
- INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
8.1. All Intellectual Property Rights in the Service shall be owned by CarnaVita.com absolutely or any such Company as CarnaVita.com may designate in its sole discretion.
8.2. The User warrants and represents to CarnaVita.com that the information Posted in the Profile is Posted by the User and that the User is the sole author of the Profile. The User assigns assign to CarnaVita.com with full title guarantee all copyright in the Profile.
8.3. The User waives absolutely any and all moral right to be identified as author of the Profile and any similar rights in any jurisdiction.
8.4. Except for such purposes as contemplated by this Agreement, the User undertakes to keep confidential and not to use any information relating to the Service which may be disclosed to the User or which the User may learn, except where such information is public knowledge or it is required to be disclosed by law.
8.5. Except where such information is public knowledge or it is required to be disclosed by law, CarnaVita.com will use its reasonable commercial endeavors to keep confidential the User’s personal details such as surname, real e-mail address and credit card number(s) (where relevant) and will not disclose such information.
9.1. The Service is provided in its current form and CarnaVita.com does not guarantee that the Service or any element of the Service will meet the User’s requirements, purpose or expectations.
9.2. CarnaVita.com does not warrant that any of the information or material provided in the Service is accurate.
9.3. CarnaVita.com does not provide any warranty in respect of the Service, results, availability, or uninterrupted use of the Service.
9.4. CarnaVita does not guarantee that the Service will be effective or have particular results for any individual User.
- USE OF THE SERVICE
10.1. The Web Site is merely a guide for Members to improve their overall wellness through use of the Service.
10.2. The User should be aware that information Posted by trainers and/or nutritionists on their profiles, blogs or through daily plans posted on the Eat.Sweat.Live™ page respectively are a general guide to improve overall wellness . The User should not assume that the information contained in is necessarily correct and accurate.
10.3. CarnaVita.com does not have an opportunity to check that the Profiles of the Members or Other Users are correct and not misleading. CarnaVita.com does not make any representation or warranty that the information contained in any Profile is accurate and is not under any obligation to verify any information contained in any Profile.
10.4. Before acting on any information contained in any Profile or on any information received by the User through the use of the Service, the User must at his or her own cost and expense, carry out such investigation as the User thinks is necessary to satisfy him or herself of the truth and accuracy of such information.
10.5. If the User arranges any meetings with any person through the use of the Service then the User does so at his or her own risk. The User should take such precautions as he or she may deem necessary to ensure the User’s personal safety.
10.6. CarnaVita.com has a strict ban on pornography. Uploading or displaying pornographic content of any kind will result in immediate suspension and possible deletion of offending members' profiles.
- LIMITATIONS ON LIABILITY
11.1. CarnaVita.com shall have no Liability for any defect in the Service caused or contributed to by the User or any other Member.
11.2. CarnaVita.com shall have no Liability to the User if any monies owed by the User to CarnaVita.com have not been paid in full by the due date for payment.
11.3. The User shall give CarnaVita.com a reasonable opportunity to remedy any matter for which CarnaVita.com are liable before the User incurs any costs or expenses in remedying the matter. If the User does not do so, then CarnaVita.com shall have no Liability to the User.
11.4. The User shall produce to CarnaVita.com written evidence of any claims for which it is alleged that CarnaVita.com are liable together with written details of how any loss was caused by CarnaVita.com and the steps the User have taken to mitigate the loss before CarnaVita.com shall have any Liability for the claim by the User.
11.5. CarnaVita.com shall have no Liability to the User to the extent that the User is covered by any policy of insurance and the User shall ensure that his or her insurers waive any and all rights of subrogation they may have against CarnaVita.com.
11.6. CarnaVita.com shall have no Liability to the User arising out of the User’s use of the Service or the User’s reliance on any information or other material Posted on the Service or Posted to the User by other Members.
11.7. It is possible for Other Users or unauthorized users to obtain and misuse information about the User as a result of the User’s use of the Service. CarnaVita.com shall have no Liability to the User arising out of any Member's or unauthorized Other User's misuse of information or other material Posted by the User on the Service or to other Members.
11.8. CarnaVita.com shall have no Liability to the User for any:-
- consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs or service interruptions);
- physical or emotional injuries caused by use of the Service;
- loss or use of data, including personal and financial information, Posted by the User as a result of a third party gaining access to such information in any manner including by hacking into a website or database or otherwise accessing the data without the permission of CarnaVita.com;
- medical costs incurred by the User as a result of use of the Service;
- allergic reaction on the part of the User as a result of the use of the Nutrition portion of the Service;
- any other economic or other similar losses; and/or
- any other special damages and indirect losses.
11.9. The User shall be under a duty to mitigate any loss, damage, costs or expenses that the User may suffer.
11.10. CarnaVita.com’s total Liability to the User under or arising in relation to any Contract shall not exceed 5 times the amount paid by the User for the Service (if any) under that Contract or the sum of $1,000, whichever is the higher.
11.11. Each of the limitations or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
- Liability for breach of contract;
- Liability in tort (including negligence); and
- Liability for breach of statutory duty; except clause 11.10 above which shall apply once only in respect of all the said types of Liability.
11.12. Nothing in this Agreement shall exclude or limit CarnaVita.com’s Liability for any Liability which CarnaVita.com is not permitted to exclude or limit as a matter of law.
11.13. Nothing in this Contract shall exclude or limit any of the User’s statutory rights which may not be excluded or limited due to the User acting as a consumer.
11.14. CarnaVita.com shall have no Liability to the User for any delay in performance of this Service or any other matters to the extent that such events and/or matters are due to any events outside CarnaVita.com’s reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
The User agree to indemnify and keep indemnified CarnaVita.com against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including but not limited to increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by CarnaVita.com and arising from or relating to the User’s use of the Service, information or any other material Posted on the Service by the User or arising from or due to any breach of contract, any tortuous act or omission or any breach of statutory duty by the User.
13.1. All third party rights are excluded and no third parties shall have any right to enforce this Agreement.
13.2. Notwithstanding the above clause, this shall not apply to members of the CarnaVita.com Group who shall have the right to enforce this Agreement as if they were CarnaVita.com. Any right of a third party to enforce this Agreement may be varied or extinguished without the consent of the any such third party.
13.3. No waiver by CarnaVita.com of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
13.4. This Agreement contains the entire agreement between the User and CarnaVita.com. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
13.5. This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
- PERSONAL INFORMATION
When you sign up as a user with CarnaVita.com.com the data you give on application is registered and stored by CarnaVita.com.com.
Your private information, such as email address and password, will be treated confidential and is only available to you and the database staff at CarnaVita.com.com.
Your personal medical and/or biometric information will not be shared with any third parties or with your employer. Medical and health information will be provided from time to time by CarnaVita in aggregate to your employer however all personal indentifying information will be removed prior to the aggregate information being shared.
CarnaVita.com. will not distribute or sell any of your information to a third party. Any kind of exception will only happen with your personal permission.
It is your responsibility that the information you give is correct.
E-mail - your email address will be used for correspondence in relation to CarnaVita.com, included CarnaVita.com newsletters. Newsletters can contain advertisement of CarnaVita.com or a partner of CarnaVita.com
IP address and location Your IP address is stored and used in conjunction with the sites geo location system; giving a longitude and latitude of your location to within your city or town. This information is used primarily so that you are able to conduct a member search within your area and so your profile will be visible to members when they conduct searches within a specific area. Your location information is used to inform you of CarnaVita.com events and initiatives within your geographical area. This information may also be used internally for statistical reporting and to help CarnaVita.com provide a more tailored and reliable service to all members. Please note that your exact address is NOT determinable or shared.
Cell phone numbers - You are only permitted to give your own cell phone number. It is optional to upload your number, but CarnaVita.com recommends that you do so as doing so enables you to get the most out of the systems functions such as various SMS services.
The processing of information - The processing of all the personal information occurs pursuant to the legislation of personal information.
We use your personal information in the following relations: When you log into the system, so that you can get access to your personal page.
CarnaVita.com may from time to time send you emails to the email you used when registering or applying to the service. You may be emailed if your application to CarnaVita.com.com was NOT successful. These emails may offer suggestions on how to aid you in being properly placed in to the CarnaVita.com website. These suggestions may be based on aesthetic observations, images you submitted during the application process or any other observations that CarnaVita.com deems helpful in order to match you with a health professional most suitable to your needs.
- Results Not Guaranteed. CARNAVITA DOES NOT GUARANTEE ANY RESULTS FROM USE OF THE SERVICE. CARNAVITA DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY HEALTH PROFESSIONALS OR OTHER USERS OF THE SERVICE ARE SOLELY ATTRIBUTABLE TO THE HEALTH PROFESSIONAL OR USER. CARNAVITA IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY HEALTH PROFESSIONALS OR OTHER USERS.
- No Warranties; “As Is,” “As Available,” and “With All Faults”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARNAVITA, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE SERVICE, USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
- Operation and Content. CARNAVITA IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SERVICE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. CARNAVITA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. CARNAVITA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE.
- User and Member Conduct. CARNAVITA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL CARNAVITA OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. CARNAVITA IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURING AT VENUES OR ANY INTERACTION BETWEEN A USER OF THE SERVICE AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE. CARNAVITA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE.
- Release of Liability for Injury or Death; Limitation on Liability; Damages.
- Release of Liability for Injury or Death. YOUR PARTICIPATION IN TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE CARNAVITA SERVICE IS AT YOUR OWN RISK. Exercise Programs of any Kind represent an Inherent danger to participants. NEITHER CARNAVITA NOR HEALTH PROFESSIONALS ARE LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE SERVICE INCLUDING PARTICIPATION IN TRAINING SESSIONS. YOU RELEASE CARNAVITA AND HEALTH PROFESSIONALS FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE CARNAVITA SERVICE. CARNAVITA WILL NOT BE LIABLE TO HEALTH PROFESSIONALS FOR ANY INJURY OR DEATH THAT RESULTS FROM HEALTH PROFESSIONALS USE OF THE SERVICE AND IF YOU ARE A HEALTH PROFESSIONAL, YOU RELEASE CARNAVITA FROM ANY SUCH LIABILITY. Members should consult a physician before beginning use of the service or any exercise program or training session. not all exercise programs OR training sessions are appropriate for all members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, CARNAVITA'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will CarnaVita or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if CarnaVita has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, CarnaVita's liability will be limited to the extent permitted by law.
- Limitation of Damages. In no event shall CarnaVita or its affiliates, contractors, employees, agents, or third party partners, licensors or suppliers' total liability to you for any cause whatsoever (whether in contract, tort (including negligence), warranty, or otherwise), and regardless of the form of the action, exceed the greater of: (i) one hundred dollars or (ii) the amount paid by you to CarnaVita for the Service in the 12 months prior to the action giving rise to the liability.
- Indemnity by You. You agree to indemnify and hold CarnaVita, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including reasonable attorney's fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. CarnaVita reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CarnaVita. CarnaVita will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.