Terms and Conditions of Use

I acknowledge I have read the agreement below and agree to its terms.

These Terms and Conditions of Use (“Agreement”) is a legal agreement between you and Edge Tech Apps, LLC (“Owner”), the owner and developer of G.Y.M. mobile application (“G.Y.M,” also known as GYM). By registering for any service provided on G.Y.M. you become a Client and you agree to be bound by all of the terms set forth in this Agreement (“Terms”) as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY G.Y.M. SERVICE. The Terms are subject to change at any time, effective upon notice to you.

BY USING THE G.Y.M. APP, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. The most current version of the terms, which supersedes all previous versions, can be reviewed and accessed at G.Y.M.’s website. THE OWNER RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF ANY PART OF THIS APP OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT.

1. Limitations of Liability and Indemnification. By using any services provided by G.Y.M., Client agree that in no event will G.Y.M., Owner, its and their officers, employees, agents, affiliates, subsidiaries, licensees, and/or web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of Client accessing G.Y.M. and using any of the services available. Client hereby agrees that Client’s sole remedy for any breach or default of this Agreement by G.Y.M. or Owner shall be a return of any fees paid to G.Y.M. or Owner for any services provided under this Agreement. Client hereby indemnifies and agrees to defend and hold G.Y.M., Owner, its and their officers, employees, agents, affiliates, subsidiaries licensees, web hosting services, and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of Client’s use of G.Y.M., including any breach by Client of the Terms contained in this Agreement or Client’s use of G.Y.M. and any information accessed from, by, or through G.Y.M. Client hereby agrees to hold G.Y.M., its and their subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and/or directors free of any liability arising from a claim of Client against any third party for harm caused to Client by the third party. It is the express intent of this provision to limit the liability of G.Y.M., Owner, its and their subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and/or directors to the greatest extent permitted by law.

2. Responsibility for Use of App. Client hereby acknowledges, understands, and agrees that Client is solely responsible for Client’s actions and decisions using the information and services provided by G.Y.M.. Client understands that G.Y.M. and Owner do not perform psychological testing or background checks on the individuals who may use the G.Y.M. services. Client understands and agrees that Client must take all reasonable precautions before exchanging information with any other person, including another user or client of G.Y.M. Client shall be solely responsible for Client’s own use of Client’s personal information.

3. Do Not Rely on G.Y.M. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from G.Y.M. or Owner. G.Y.M. and Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. G.Y.M. and Owner are not responsible in any way for any information provided by any user or client to another user or client, whether using G.Y.M. or otherwise.

4. Warning re: Offensive Information. It is possible that other G.Y.M. clients will post or send obscene or offensive materials. It is also possible that by using your e-mail address, other people may, through other means outside the control of G.Y.M., have access to personal information about you. G.Y.M., Owner, its and their employees, agents, affiliates, licensees and/or web hosting services are not responsible for these transmissions or for the release of such information by others about Client.

5. Right to Monitor. G.Y.M. and Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive at its or their discretion. Notwithstanding the foregoing, Client remains solely responsible for Client’s use of any information made available on G.Y.M. G.Y.M. and Owner reserve the right to terminate any client or user’s account if the client or user is sending improper or offensive communications. Client hereby understands and agrees that if Client’s use of the G.Y.M. services is determined by Owner, in its sole and reasonable discretion, to be offensive, obscene or otherwise improper, G.Y.M. and/or Owner may terminate Client’s use of G.Y.M. immediately without prior notice and without any right of refund, set-off or a hearing. Client is solely responsible for any activities that take place under Client’s username and password. If Client become aware of any unauthorized use of Client’s password or account, or any other breach of security, please contact G.Y.M. immediately. It is up to Client to maintain the confidentiality of Client’s password and account. G.Y.M. shall not be responsible or liable for any loss or damage arising from Client’s failure to comply with the provisions of this Agreement.

6. Confidentiality. Client and G.Y.M. and Owner hereby agree that all personal information given by Client to G.Y.M. or Owner, shall be kept confidential by G.Y.M. and Owner in accordance with G.Y.M.’s privacy policy, available at https://www.getyourmetrics.com/privacy-policy. Notwithstanding any provision of the privacy policy, G.Y.M. and/or Owner may disclose the following information: (1) basic biographical information (i.e. age, sex, race) which may be posted with Client’s user ID for others to view; (2) Client actively chooses to post Client’s personal information for others to see; (3) Client send a message to another client, which will disclose Client’s e-mail address to that client or (4) Client harasses another person via any service provided by G.Y.M., in which case the confidentiality clause contained in this Agreement is rendered null and void. Any passwords used for this app are for the Client’s individual use only. Client shall be solely responsible for the security of Client’s password(s). From time to time, G.Y.M. may require that Client change Client’s password. Client is prohibited from using any services or facilities provided in connection with G.Y.M. to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If G.Y.M. become involved in any violation of system security, G.Y.M. reserves the right to release Client’s account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. G.Y.M. reserves the right to investigate suspected violations of this Agreement. G.Y.M. and Owner reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing G.Y.M. to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement. By accepting this Agreement, Client hereby waives all rights and agree to hold G.Y.M. and Owner harmless from any claims resulting from any action taken by G.Y.M. during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either G.Y.M. or law enforcement authorities.

7. Ownership, Copyrights, Trademarks, Licenses. G.Y.M. and Owner own and retain all proprietary rights to the G.Y.M. service, its trademarks, copyrights, and intellectual property. Except for any information that is in the public domain, Client is not authorized to reproduce, transmit or distribute the proprietary information of G.Y.M. and Owner. By posting information to G.Y.M., or otherwise providing information to Owner, Client represents that Client has the right to grant permission for use by G.Y.M. and Owner.

8. No Warranties. G.Y.M. and Owner provide the G.Y.M. services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, G.Y.M. and Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.

9. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of the State of Ohio, without regard to provisions of conflicts of law. Any dispute controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) arbitrator sitting in Athens County, Ohio. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Ohio. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 1. of this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted exclusively to the Athens County (Ohio) Court of Common Pleas and shall not be subject to this provision. The prevailing party in any such action before the Athens County (Ohio) Court of Common Pleas shall be entitled to recover its reasonable attorneys' fees and costs incurred in litigating or otherwise settling or resolving such action. CLIENT HEREBY AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

10. Severability. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

11. Certification. Client hereby certifies that Client is at least 18 years of age and that Client’s answers to the registration materials on G.Y.M. will be truthful. In accessing and using G.Y.M., Client understands and agrees that basic information concerning Client, given to G.Y.M., will be published on G.Y.M. for others to view along with Client’s User ID. Client’s name, address and e-mail address are kept confidential, except where provided above. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PRVIDED BY THIS APP. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS APP FOR ANY PURPOSE.

12. Entire Agreement. This Agreement constitutes the entire Agreement with G.Y.M., Owner, and Client with respect to any services.

13. Waiver. The failure of G.Y.M. or Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by G.Y.M. or Owner must be in writing and signed by an authorized representative of the Owner. If Client has any questions regarding this Agreement, please contact G.Y.M. at support@getyourmetrics.com.

By using the G.Y.M. app, you understand and agree that the Owner may require you, by clicking or pressing on an electronic “I agree” button, it is the electronic equivalent of a written signature on this document.