Terms & Conditions
We reserve the right to amend this Agreement as we see fit at any time. Changes to this Agreement requires notification of you, the User ("User"), with at least 7 days advance notice of implementation and the changes to take effect as described in this Agreement following. Continued access and use of our Service implicates your review, understanding, and agreement of the changes.
1. Use of the Service
Metric Mate was created to provide our Users with an application to track and record workout and exercise results to help Users reach their fitness goals. Metric Mate enables trainers and users to track workout results additionally. Trainers are able to build and assign customized workouts for their users. The device automatically tracks workout results through Metric Mate to provide the feedback necessary for trainers and users to increase health results.
Our service provides pre-populated muscles, equipment, exercises, workouts, and other fitness elements as recommendations in addition to those fitness elements added by trainers and users. We are not medical experts or professional trainers, and as such, these recommendations should not be misinterpreted as medical advice, prescriptions, or diagnoses. Users acknowledge that any information provided by Metric Mate will not be construed as medical advice.
a. Your Eligibility
The Metric Mate Service is intended for those who are at least thirteen (13) years of age. Access and/ or use of the Service by those under thirteen (13) years of age is strictly prohibited and in violation of this Agreement. Users under the age of eighteen (18) years of age are required to have consent by a legal or parental guardian, and are competent to enter into the terms of this Agreement. All Users acknowledge and submit to reviewing, understanding, and agreeing to the terms of this Agreement.
Users who have been removed from this Service by Metric Mate are not eligible for access and/ or use of the Service without the consent of Metric Mate's management team.
Users of the Service further acknowledge the physical capabilities and challenges necessary to perform exercises and workouts (collectively known as "Exercises"). Users should be fit and healthy enough to perform Exercises. Any potential risks or medical history that may put you at risk requires the consent and approval from a qualified medical professional or health care practitioner ("Medical Expert") prior to use of the Service.
Should you experience pain or discomfort during Exercises, you should discontinue exercising and consult a Medical Expert. It is our sole discretion to discontinue your use of the Service should we deem you unfit due to certain medical conditions.
b. Your Account
Access to the Metric Mate.com website does not require membership (those with a membership to be known as "Member") to the Service. However, you will not have access to certain features and functionality of the Service as determined by Us. We reserve the right to change features and functionality accessible by you at any time with or without membership.
If you are a member of an organization, team, company, or other collective group, then: a) "you" includes you and that entity, and 2) you represent and warrant that you are an authorized representative of the entity with the legal authority to bind the entity to the terms set forth in this Agreement, and that you agree to this Agreement on the entity's behalf.
Use of another Member's account is strictly prohibited and is deemed in breach of this Agreement. It is your responsibility to maintain the security of your account, and are fully responsible for all activities that may occur under the use of your account. You are liable for any and all actions taken under your account. Should you find unauthorized activities under your account, you must notify Metric Mate immediately. Metric Mate is not liable for any acts or omissions by you, including any damages of any kind that may result from such acts or omissions. Metric Mate is not liable for damages that result from an unauthorized third party accessing the Metric Mate website.
c. Your Rights and Responsibilities
The Service is not for use in emergency situations or a means for medical prescriptions unless otherwise designated and delivered through a Medical Expert. In case of emergency or imminent danger, call a Medical Expert or 911 immediately.
There are inherent risks, physical, mental, and emotional, while exercising. As such, access to the Service is strictly for those deemed fit physically, mentally, and emotionally, by a Medical Expert. You acknowledge and agree that use of the Service is wholly at your own risks. Metric Mate is not and will not be liable for any injury (physical, mental, or emotional) that you may experience directly or indirectly from any of the exercises recommended through the Service. Our instructions (step-by-step text, pictures, videos, or other mediums) may describe how to perform certain exercises including form, repetitions, equipment, other, however, it is your responsibility to consider third-party recommendations including a Medical Expert, professional fitness trainers, other services. Our instructions are recommendations, and as such, should not be misinterpreted as medical advice, prescriptions, or diagnoses or the only way to perform exercises. Seeking guidance from a Medical Expert including a physical therapist is highly suggested before performing any exercises.
You agree the use of the Service is dependent on your diligence in adhering to the terms set forth in this Agreement. Further, you are prohibited from: 1) copying, distribution or disclosing any part of the Service through any medium no matter through automated or non-automated means; 2) access to the Service through automated means including "robots", "spiders", etc. are strictly prohibited except in the case where Metric Mate grants for the operators of public search engines for the sole purpose of creating publicly the available searchable indices of the materials but not for caching of materials of the Service; 3) delivering spam, unsolicited emails and marketing messages without the expressed consent of Metric Mate, etc.; 4) attempts to disrupt the Service including attempts to breach our systems' integrity, security, or decipher code of our Service including imposing excessive load and strain to our systems; 5) impersonating and/ or using a Member account not your own or otherwise misrepresenting your Membership, affiliation with another group or entity, including attempts to hide your identity; 6) accessing any content or data using any means other than the Service or without express permissions from Us; 7) bypassing measures We may use to prevent access to the Service including restrictions of use or copying of any content of the Service.
2. Your User Content
The Service may enable Users to post comments, questions, Service results, performance results, or other information ("User Content"). You agree you are solely responsible for the upload, display, publishing, or any other link to otherwise make available to other users ("post"). The Service only acts as a third-party means for which you may post content, and as such, We are not responsible for your posts or posts by other Users. Metric Mate is not responsible and cannot be held accountable for the confidentiality of your posts of any User Content.
We take no responsibility and assume no liability for any User Content published by you or any other User or third-party posts through the Service. You are solely responsible for your own User Content and the consequences of posting any User Content. You understand and agree that any loss or damage as a result of your post or any post by another User is solely your responsibility. As related to your User Content, you affirm and represent and agree to the following:
a. You are at least 18 years of age, and have not been previously been removed from the Service. If you are under the age of 18, you are either an emancipated minor, or have obtained the consent of a legal parent or guardian to use the Service. You understand and agree that you are fully able to enter into this Agreement, will comply with this Agreement, and will abide by this Agreement.
b. You have written and explicit consent to the use of the User Content under which you access the Service, and the User has deemed you fit and capable to access the User Content and releases you from all liability that may arise in relation to such use.
c. Your use of the Service abides and complies with the terms and conditions set forth in this Agreement and any other contract of the Service. You agree and comply that any use of the Service will not infringe on any rights of any third-party of Metric Mate including Intellectual Property Rights, and otherwise.
d. Metric Mate may exercise the rights to your User Content granted under this Agreement without liability for payment or otherwise (payments, feeds, or other royalties payable under any collective agreement or otherwise).
Metric Mate is not responsible for any of misuse of User Content or any liabilities or damages that may result in your User Content. You understand and agree that you may be exposed to User Content that may be inaccurate, offensive, indecent, or otherwise deemed inappropriate by the Company. You agree the Company is not liable for any damages you allege to incur as a result of use of User Content. You also hereby grant Us the non-exclusive license to access your User Content as permitted through the functionality of the Service under this Agreement.
3. Our User Licensing Grant
You retain all ownership rights to your User Content, and posting of User Content on the Service grants certain privileges and rights to the Company. You understand and agree that by use of the Service, you grant Metric Mate the license to use, reproduce, publish, modify, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/ or likeness as contained in your User Content, in whole or in part, and in any form, media, or other technology, whether now known or hereafter developed for use in connection with the Service. You also give hereby grant any other User the ability a non-exclusive license to access your User Content as permitted through the functionality of the Service under this Agreement.
4. Our Service
Subject to the terms and conditions of this Agreement and any other contract of the Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your own personal use or the use as a trainer or coach as determined by the appropriate product as offered by the Service. Metric Mate reserves all rights not expressly granted explicitly herein the Service, and Metric Mate may terminate this license at any time for any reason or no reason.
The Service may be made available to you and accessible through software on the web or by a mobile device ("Mobile Software"). To use the Mobile Software, you must have a mobile device compatible with the Mobile Software. We do not warrant the Mobile Software will be compatible with your device. Metric Mate hereby grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Mobile Software for a single User Membership on one mobile device owned or leased by you. You are prohibited from: 1) modifying, disassembling, decompiling or reverse engineering the Mobile Software; 2) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide similar services to another third-party; 3) make any copies of the Mobile Software; 4) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, or feature that enforce limitations on use of the Mobile Software; or 5) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge Metric Mate may provide upgrades and updates to the Mobile Software from time to time, and you consent to automatic upgrading on your mobile device, and agree that the terms and conditions set forth in this Agreement apply to all such upgrades.
5. Our Proprietary Rights and Intellectual Property
For the purposes of this Agreement, "Intellectual Property Rights" and "Proprietary Rights" means all patent rights, copyright rights, trademarks, rights of publicity, moral rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may now exist or will come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, county, country, territory, or other jurisdiction.
6. Paid Services
Certain aspects and features of the Service may be provided for a fee or free of charge. If you elect to use paid aspects of the Service, you agree to the terms of the sale, pricing, payment, and billing policies set forth for applicable fees and charges. Metric Mate may modify paid or free of charge aspects of the Service including modifications, removal, or additions, and as such, Metric Mate may modify fees and charges for existing services at any time at Our discretion.
You may cancel your Member account at any time; however, there are no refunds for cancellation of the Service. In the event your Membership is terminated by Metric Mate for any reason or no reason, you understand and agree that you shall receive no refund of payments made or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, and any content or data associated with your account, or for anything else.
7. Digital Millennium Copyright Act (DMCA) Notice
Metric Mate expects all Visitors and Users of the Service to adhere to the terms and conditions set forth in this Agreement including copyrights and other Intellectual Property rights. We fully respect the intellectual property rights of others as well. In the event We may be infringing on intellectual property rights of others (you), notify Us immediately. We will address all notifications of this nature as required and appropriate.
8. Third-Party Partnerships and Content
The Service may information including links or posts to third-party websites, advertisers, service, special offers, partners, or other events or activities that are not owned or operated by Metric Mate. Metric Mate does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. Access to third-party websites, applications, services, or otherwise are done at your own risk. You understand and agree We will not be liable for any damages as a result of your access. Further, any agreements or purchases made with third-party entities are between you and the third-party only. You further agree Metric Mate is not responsible for any loss or damage of any sort relating to such dealings with third-parties.
9. Termination of Service
Metric Mate may terminate your access to all or part of the Service at any time for any reason or no reason at all. If you wish to terminate access this Agreement or your Membership, you may cancel through your Account page. All provisions of this Agreement which by their nature should survive your termination including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Limitation of Liability
In no event will Metric Mate, or its third-party partners, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: 1) any special, incidental or consequential damages; 2) the cost of procurement or substitute products or services; 3) for interruption of use or loss or corruption of data or User Content; 4) for any amounts that exceed the fees paid by you to Us under this Agreement during the twelve (12)-month period prior to the cause of action; 5) injury due to exercises delivered through the Service.
Metric Mate shall have no liability for any failure or delay due to matters beyond reasonable control. The forgoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless and no liability Metric Mate and Our third-party affiliates and partners, officers, employees, contractors, and agents for and against any and all claims and expenses including attorneys' fees, arising out of your use of the Service, including but not limited o your violation of this Agreement.
If the final determination of a court of competent jurisdiction declares, after the expiration of the time within which judicial review, that any term or provision hereof is invalid or unenforceable, (i) the remaining terms and provisions hereof shall be unimpaired and (ii) the invalid and unenforceable term or provision shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision.
Any of the terms and conditions of this Agreement may be waived at any time and from time to time in writing by the party entitled to the benefit thereof, but a waiver in one instance shall not be deemed to constitute a waiver in any other instance. A failure to enforce any provision of this Agreement shall not operate as a waiver of this provision or of any other provision hereof.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to its conflicts of law principles. Metric Mate and User: (i) agree that any legal suit, action or proceeding arising out of or relating to this agreement and/or the transactions contemplated hereby shall be instituted exclusively in Georgia, County of Fulton, or in the United States District Court for the Northern District of Georgia, (ii) waive any objection which it may have or hereafter have to the venue of any such suit, action or, proceeding, and (iii) irrevocably consent to the jurisdiction and venue of the above courts in any such suit, action or proceeding, and waive the right to assert forum non conveniens.