Introduction The website www.forzegym.com, provide mechanisms for tracking, managing, and sharing all of your fitness activities. So that we may safely and responsibly manage this site for all of our users, your use of the Site is subject to certain terms and conditions. The terms and conditions set forth below ("Terms of Use"), as well as the privacy policy set forth at www.forzegym.com (“Privacy Policy”) apply to your use of the services and functionality provided on or through the Site (the "Services"). By downloading the mobile application or accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you are not authorized to use the Services. We may modify these Terms of Use at any time without prior notice. Modifications are effective upon posting to the Services. FORZE GYM hereby grants you a limited, revocable, nonexclusive, nontransferable right to download the mobile application and to access and use the Site and the Services, subject to the terms and conditions of these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by FORZE GYM. You may not access the Site and Services if you are a direct competitor of FORZE GYM, except with FORZE GYM’s prior written consent. 
In addition, you may not download the mobile app or access the Sites or Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. Your Registration Obligations You represent that you are the older of (a) 16 years old or older, or (b) of legal age to form a binding contract. You further represent that you are not barred from using the Services. You may be required to provide certain information about yourself (“Registration Information”) as part of the registration and user account (“Account”) creation process for the Services, or as part of your continued use of the Services. You will provide true, accurate, and complete Registration Information requested by the Services and maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. You are responsible for providing FORZE GYM with your most current email address and contact information (“Contact Information”), which FORZE GYM may use to contact you for any purposes associated with the Services or these Terms of Use. If the Contact Information is not accurate or messages are not delivered to you for any reason, FORZE GYM’s dispatch of the communications using the Contact Information will nonetheless constitute effective notice under these Terms of Use. Account, Password, and Security FORZE GYM may give you a password and Account after you complete the registration process for the Services. You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities associated with your password or Account. You will immediately notify FORZE GYM of any unauthorized use of your password or Account or any other breach of security and exit from your Account at the end of each session. FORZE GYM is not liable for any loss or damage arising from your failure to properly safeguard your Account or password. You have sole responsibility for adequate protection and backup of Content (defined later) or data of any type that you upload to, download from, or otherwise create or use with the Services. Use of the Services and Content The Services allow for access to and delivery of software, text, graphics, images, video, audio, data and other material (collectively referred to as the "Content"). The Services and the Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Services and the Content are protected by copyright, trademark, patent, trade secret and other intellectual property laws and proprietary rights, under both United States and foreign laws. Unauthorized use of the Services or Content may violate intellectual property laws or other proprietary rights. You have no rights in or to the Services or Content other than those expressly granted in these Terms of Use. You may not use the Services or Content except as permitted under these Terms of Use or with prior written consent from us or the owner of the Services or Content. You may not sell, transfer, assign, license, sublicense, or modify the Services or the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. If you violate any part of these Terms of Use, your permission to access and use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content. The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) use of the Services to store or send material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof; (iv) use of web scraping, web harvesting, or web data extraction methods from the Services even if an Account owner gives permission; (v) attempting to gain unauthorized access to the Services or related systems or networks; and (vi) any use of the Services which is unlawful or in violation of these Terms of Use. 
Your Account and use of the Services are subject, in our sole discretion, to suspension or termination at any time. Trademarks, FORZE GYM's company name, logos, product and service names are or may be trademarks or service marks of FORZE GYM (“FORZE GYM trademarks”). Without our prior written permission, and except as solely enabled by any link as provided through the Services, you agree not to display or use in any manner the FORZE GYM Trademarks. Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the "Third-Party Trademarks"). Your use of the Services should not be construed as granting any license or right to use any Third-Party Trademark displayed on the Services. The FORZE GYM Trademarks and the Third-Party Trademarks may not be used to disparage Sports Art or any applicable third-party, or any of our or their products or services. The FORZE GYM Trademarks and the Third-Party Trademarks may not be used in any manner which, in our reasonable judgment, may damage any goodwill in FORZE GYM or the Third-Party Trademarks. External Services The Services include links to, and content and data from, third-party websites ("External Services"). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on External Services. The content of External Services is developed and provided by others. Your access or use of content, information, or services provided by External Services is at your own risk and subject to the terms posted on the External Services. Modifications to Services We may modify or discontinue, temporarily or permanently, the Services (or any part of the Services) with or without notice at any time and for any reason. We may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Services at any time without prior notice to you. You agree that FORZE GYM will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, any of its features, functions, or other aspects, or the inability to use the Services. User Content The Services may now or in the future include functionality to permit the submission of Content at the direction of users of the Services ("User Content") and the hosting, sharing, and publishing of such User Content. You understand that whether or not User Content is published, we do not guarantee any confidentiality with respect to any submissions. You are solely responsible for User Content you submit and the consequences of our posting or publishing your User Content. In connection with any User Content you submit, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use; and (ii) you have the express permission of each identifiable individual person in the User Content to use the name or likeness of each such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law. In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. Although under no obligation to do so, we reserve the right to review and remove any User Content that, in our sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. We may terminate your Account or access to the Services at any time without prior notice and at our sole discretion for uploading material in violation of these Terms of Use. Notices - FORZE GYM may give notice by means of a general notice on the Services, email to your Contact Information, or by written communication sent by first class mail or pre-paid post to you at the address on record in your Registration Information. Such notice will be deemed given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You will give notices to us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to FORZE GYM at the following address (such notice will be deemed given when received by us): FORZE GYM 11605 Crossroads Cir. Ste. N. Baltimore MD 21220 USA. Indemnity - You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. Disclaimer of Warranty and Limitation of Liability WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, QUALITY OR RELIABILITY. NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE SECURE OR ERROR FREE, OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT FORZE GYM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR INDEMNIFICATION, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. FORZE GYM’s MAXIMUM LIABILITY TO YOU FOR ANY REASON UNDER THESE TERMS OF USE IS $100. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. No Medical Advice FORZE GYM provides the Services for you to track, manage, and share your fitness activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. YOUR USE OF THE MOBILE APPLICATION OR THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND FORZE GYM. Survival All sections of these Terms of Use that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General. General These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. These Terms of Use are governed by the laws of the State of MARYLAND, without respect to its conflict of law provisions. You expressly agree to resolve any dispute relating to these Terms of Use in Annapolis, Maryland and consent to the jurisdiction and venue of the state and federal courts in Annapolis, Maryland in connection with any such dispute. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. 


Last updated July 23, 2023