Terms of Use

Welcome to Muzingo. These Terms of Use are a binding contract between you and Muzingo regarding the use of the website, associated services, and any content (“the Site and Services”) provided by Muzingo (“we,” “us,” and “Muzingo”). Please read these Terms of Use before using or submitting content in any form or medium on the Site.

By continuing to visit our Site, or by submitting content on our Site, you agree to abide, and that you are bound, by these Terms of Use. We reserve the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our Site shall be subject to these Terms of Use.

Please review our PRIVACY POLICY in conjunction with these Terms of Use. If you do not agree to these terms, please do not use our Site.

1) DESCRIPTION OF THE SITE.

General Description. This site is intended to provide a platform for athletes to assess and track progress of their exercise regimen. This site is not intended to supplant a licensed physician’s care, nor any content or service being offered for medical advice purposes.

Age 18 and Over Only. The site is intended for those ages 18 and over. If you are under 18 years of age, please do not use our Site.

In accordance with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), Muzingo will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our PRIVACY POLICY for more information including how to notify us of any concerns in this regard.

Right to Modify Site. We reserve the right to immediately change, suspend, remove or discontinue any part of the site or any content (whether submitted by us or by a user) for any reason, without prior notice or liability.

Changes to These Terms of Use. We reserve the right to modify these Terms of Use and the Privacy Policy at any time, and without prior notice, by posting amended terms to these policies. Non-material changes and clarifications will take effect immediately, and material changes will take effect within fourteen (14) days of their posting on our website.

If we make material changes, we will post them in a link at the bottom of our home page and will indicate the Terms of Use effective date as well as email those users and members who have subscribed to our mailing list when this feature is made available. Your continued use of the site beyond thirty (30) days after our notice to you indicates your acceptance of the current Terms of Use.

Once you have submitted an email address to our site, you authorize us to send you notices via email. Please note that it is your obligation to keep your current email address and contact information updated at all times.

2) USER CONDUCT.

Conditions of Use. As a condition of use, you agree to all the following:

You acknowledge that the site is for personal use only. You agree that you will not use the site for any commercial purposes.
You are responsible for all activity that occurs under your name, profiles, and other online identities
You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the site, or that you allow others to submit, post and/or display on the site under your name, profiles, and other online identities
You must not harass, threaten, impersonate, or intimidate other users.
You may not misrepresent your identity or affiliation with us or any other person or entity when using any function or service on the site.
You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically, or otherwise objectionable.
You must not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
You must not transmit any worms or viruses or any code of a destructive or disruptive nature.
You must not violate any local laws in your jurisdiction (including, but not limited to, intellectual property laws).
You must not use the site for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your jurisdiction regarding online conduct and acceptable content.
You must not access, “hack,” alter, or otherwise use any part of the site in any manner that you do not have access to or exceeds your authorized access.
You must not utilize any bugs, robots, or other technological device to access or extract any data or information contained on the site or its servers.
You agree that you will not 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 grant us all licenses granted herein.
You agree that you shall be solely responsible for your own content and the consequences of posting it.
We reserve the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of our website, application, or any related services at any time, for any or no reason, without prior notice or warning, and without liability.

3) SUSPENSION OR TERMINATION OF USE.

We May Discontinue or Suspend Our Site or Terminate Your Use. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice. You agree that Muzingo shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that Muzingo, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

4) THIRD PARTY CONTENT.

Some of the content on Muzingo’s site is provided by third-party users or affiliates, including Exercise.com Muzingo does not hold any legal rights of ownership of copied content (if any) posted by these third parties.

(a) Notification. If any articles, blogs, comments, images, or other content appear on the Site that are in violation of copyright laws, please follow the notification steps outlined below in our Copyright Policy in Section 6.

(b) We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers, authors) are theirs alone, and are not the opinions of Muzingo, its employees or its affiliates. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by us. You acknowledge that by providing you with the ability to view and distribute content through our site, Muzingo is not undertaking any obligation or liability relating to the content, and you are using the Service at your own risk. Muzingo and its affiliates do not undertake or assume any duty to monitor the site for inappropriate or unlawful content. Muzingo and its affiliates and employees assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation, based on either direct, or contributory, vicarious or third party liability, or based on any other legal theory. Notwithstanding the foregoing, Muzingo reserves the right to block or remove communications, postings or materials at any time at our sole discretion.

(c) We are Not Responsible for Linked Sites. We are not responsible for the availability or content of other services that may be linked to our Site. Since we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

Please visit these websites for their Terms of Use and Privacy Policies. Muzingo is not responsible for providing their current policies or changes thereof.

(d) Definition of Intellectual Property Rights. When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights (and associated goodwill), trade secret rights and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.

5) MUZINGO’S CONTENT.

We Have and Retain All Rights in Our Site and Aggregated Content.

(a) Muzingo’s Content. Except for Third Party Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Our Content”) are the property of Muzingo and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license or otherwise exploit Muzingo Content without our permission.

(b) Muzingo’s License to You. Subject to the terms and conditions of these Terms, we grant you a license to use the Service, including accessing and viewing Our Content, for your personal, noncommercial use to allow you to curate a personal exercise regimen and use for your own personal use. We may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, we reserve all other rights, and no other rights are granted by implication or otherwise.

7) TRADEMARK POLICY.

Muzingo respects the trademark rights of others. Accounts with usernames or any other content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended.

Muzingo Trademarks. Muzingo, Muzingo’s logo, and other Muzingo’s logos and names are registered trademarks and are the intellectual property of Muzingo. You agree not to display or use this intellectual property in any manner without our prior, written consent. The names and logos of third parties may be their trademarks. You may not infringe on their proprietary rights. All rights are reserved.

If you are concerned that someone may be using your trademark in an infringing way on our site you can let us know by completing the form below. Muzingo will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from our site.

Trademark Infringement Claim Form.

(a) Identify the infringing username, the exact word or symbol that is trademarked and details regarding how the trademark is or was being infringed. Please also include the following:

The trademark registration number; and
The trademark registration office (e.g., USPTO).

(b) Provide your full name, email address (preferably a company email address), your relation to the trademark holder, your company name, your full mailing address and your phone number.

(c) Also helpful, but not mandatory, are the following:

Link to the trademark record;
Date of first use;
Date of trademark application; and
Date of Registration.

(d) Finally, tell us whether you:

Want to claim the username at issue;
Want to blacklist the username from further use; or
Want Muzingo to take other action.

(e) Include both of the following statements:

“I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use violates my rights.”
“I hereby state under penalty of perjury that all of the information in this notification is accurate and that I am the owner of the trademark, or authorized to act on behalf of the owner of the trademark.”
Send the above described notice to: [email protected]

8) INDEMNIFICATION.

You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms of Use or Any Breach by You of Your Representations and Warranties. You agree to indemnify and hold harmless Muzingo and its affiliates and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 8. In such event, you shall provide us with such cooperation as is reasonably requested by us

9) DISCLAIMER OF WARRANTY.

Your Use of the Site is Subject to Certain Disclaimers. OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. IN ADDITION, WE STRONGLY URGE YOU TO BACK UP ALL OF THE PERSONAL CONTENT THAT YOU MAINTAIN ON THE SITE.

Except where prohibited by law, Muzingo expressly disclaims all warranties, representations and guarantees of any kind, whether oral or written, express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under the law. The Site and Services and all content are provided “as is” and “as available” with all faults basis. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Site and Services or content provided. To the maximum extent permitted by applicable law, we do not warrant that:

The Site and Services will meet your requirements;
The operation of the Site and Services will be uninterrupted, virus (or error) free or free from other harmful elements; or
The errors will be corrected.

Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to content; user-generated content (e.g., testimonials), in particular provided by and is solely the responsibility of the athletes or clients providing that content. No advice or information, whether oral or written, obtained from the Site and Services will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of any of our offered Site and Services at is at your sole risk and that the entire risk, as to satisfactory quality, performance, accuracy, and effort is with you.

Muzingo cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Site and Services in connection with any physical activity, wellness or fitness program. By using our Site and Services, you agree, represent, and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises, or any of the related activities made available to you in connection with the Site and Services we provide. Everyone’s conditions and abilities are different, and participating in the activities promoted by our Site and Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Site and Services may pose risks even to those who are currently in good health.

You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Site and Services (e.g., instructional videos, client dashboard activities, or other training and related activities).

You expressly agree that your athletic activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of Muzingo or by the action, inaction, or negligence of others.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any of our offered Site and Services, whether paid or free.

10) DISCLAIMER OF CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL MUZINGO, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON MUZINGO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND STATUTORY DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MUZINGO AND MUZINGO’S CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MUZINGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11) MUZINGO’S LIABILITY FOR USER CONTENT AND INTERACTIONS THROUGHOUT THE WEBSITE.

Muzingo may take any action with respect to third party content that it deems necessary or appropriate in its sole discretion if it believes that such third-party content could create liability for Muzingo, damage The Muzingo brand or public image, or cause Muzingo to lose (in whole or in part) the services of its ISP’s or other suppliers.

While Muzingo reserves the right in its sole discretion to remove third party content and other material from Muzingo from time to time, Muzingo does not assume any obligation to do so and disclaims any liability for failing to take any such action.

Muzingo is not involved in the actual communications between Muzingo users. As a result, Muzingo has no control over the accuracy, reliability, completeness or timeliness of any content submitted by users on Muzingo and makes no representations about any such content on Muzingo.

In addition, you should note that there are risks – including, but not limited to, the risk of physical harm – when dealing with strangers, foreign nationals and/or underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom users come in contact through Muzingo. By its very nature, other people's information may be offensive, harmful or inaccurate, and, in some cases, will be mislabeled or deceptively labeled.

We expect that you will use caution and common sense when using the Site. Because user authentication on the Internet is difficult, Muzingo cannot and does not confirm that each user is who they claim to be. As third-party websites are used in features on this site, refer to the policies to these third party websites:

Facebook: https:// www.facebook.com/policies_center/

Google: https://policies.google.com/terms

Stripe: https://stripe.com/payment-terms/legal

If you are a California resident, you agree to waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” In other words, understand that Muzingo will be relieved of all liability arising from unknown or unsuspected claims. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release Muzingo (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

The Site may contain inaccuracies or typographical errors. Muzingo makes no representations about the accuracy, reliability, completeness or timeliness of any Muzingo content. The use of all Muzingo content is at your own risk. Changes are periodically made to Site and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by you on the Site.

Muzingo cannot guarantee and does not promise any specific results from use of the Site or related applications. No advice or information, whether oral or written, obtained by a user from the Site shall create any warranty not expressly stated herein.

12) LIMITATION OF LIABILITY.

MUZINGO’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH MUZINGO OR YOUR USE OF MUZINGO’S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

MUZINGO and its affiliates and employees are not liable for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms of Use).

14) MISCELLANEOUS.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Muzingo without restriction. Any attempt to assign or transfer these Terms of Use and any rights and licenses will be null and void.

Entire Agreement. The Terms of Use, including the Muzingo Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and Muzingo and governs your use of the site, superseding any contemporaneous or prior agreements between you and Muzingo.

Governing Laws. The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Waiver and Severability. The failure of Muzingo to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Notices. Muzingo may provide you with notices, including, without limitation, those regarding changes to the Terms of Use and other site-related announcements, by postings on the site (for example, by posting to the blog, or on the relevant page(s) of the site affected by such changes) or via email.

Limitation on Claims. Any action concerning the site must be brought within one year after the reason for the action arises, or the claim is barred.

Muzingo May be Legally Compelled to Disclose Certain Information. You agree that in the event Muzingo receives a subpoena issued by a court or from a law enforcement or government agency, Muzingo may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your IP address, name, IP location or other information in response thereto.

Contact Information. Please send any questions, comments or report any Terms of Use violations to [email protected]