Please read the following terms and conditions carefully before using services from Capella Care LLC. By using the products of Capella Care LLC, you will be subject to these terms and agree to be bound by them.
Capella Care LLC (“Capella Care,” “We”, “Us,” “Our”) develops mobile fitness applications (“Our Products”). Our Apple Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group (“Apple”). Our Android Applications may be downloaded from Google Play, which is owned and operated by Google Inc. and other companies within its group (“Google”). Our goal is to help people lead a healthy way of life through sports. Our Products offer fitness-related content, features, functionality and other information and services including, without limitation, viral, embeddable or application/device-based features and related technology, also when accessed via the Internet, mobile or other device (collectively, “Our Services”). We develop Our Products for informational purposes only. You must ALWAYS consult your physician or doctor before starting any fitness program. By agreeing to these Terms and Conditions you confirm that you are solely responsible for your state of health.
2. Acceptance of Terms and Conditions
By using Our Products and Services you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. Capella Care LLC reserves the right to amend these Terms and Conditions at any time without prior notice. The up-to-date version of these Terms and Conditions will be available on the official website of Capella Care LLC and any changes will come into effect immediately upon posting. By continuing to use our products you agree to amended terms and conditions.
3. Intellectual Property
The texts, graphics, designs, logos, button icons, images, data compilations and information (“Content”) contained in Our Products and Services are Intellectual Property of Capella Care LLC (or belongs to it) and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or trademarks of Capella Care LLC. No trademarks may be used without prior written consent of Capella Care LLC except to identify the products or services associated therewith. Our Products and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Capella Care LLC or its licensors.
4. Legality of Use
By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of Our Products, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.
5. Membership Subscriptions
Capella Care by Capella Care LLC offers Premium Membership subscriptions that grant you access to additional. Subscriptions with a trial period: Some of our subscriptions include a free trial period, where you can experience Capella Care by Capella Care LLC at no cost. Capella Care by Capella Care LLC offers monthly and annual subscription options. Payment will be charged to iTunes Account at confirmation of purchase. Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.
6. Representations and Warranties, Limitation of Liability
Capella Care LLC makes no representations regarding: (a) the credentials of anyone using our Services and/or Products as part of any health care or medical plan of care or plan of treatment (“POC”); (b) the suitability of the exercises included in any such POC; (c) the viability, medical soundness or efficacy of any such POC; or (d) the overall health or medical benefits you might derive from using our services and products or POC which incorporates our services and products. The use of any software or hardware offered by Capella Care LLC is no substitute for the consultation by the user of a specialized doctor. Our Services and Products are provided “as is” without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, used for a particular purpose, or non-infringement. Capella Care LLC makes no representation or warranty that the information contained in our Services and/or Products will be current, timely, complete, accurate or error-free. To the extent that the law does not permit the disclaimer of warranties, all content accessible in our services and products, or any other web site to which our services and products link, is warranted only to the minimum amount legally required. In no event shall Capella Care LLC be liable to any party for any direct, indirect, special or other consequential damages for any use of this in our services and products, or on any linked web site, including, without limitation, any lost profits, business interruption or otherwise. Capella Care LLC shall be liable as currently provided by law, regardless of the statutory basis of such liability (pre-contractual, contractual, tort) only if Capella Care LLC has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Capella Care LLC shall not be liable to other businesses and shall be liable to consumers only for personal damages Capella Care LLC shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
Capella Care LLC is not responsible for any outages or service interruptions that occur from time-to-time when using Our Products, including those due to software, hardware or power failures, or issues at the wireless carrier level. In addition, Capella Care LLC is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. Capella Care LLC, in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.
9. Content Created by Users and Rights to Such Content
The user consents that as a result of the automatic evaluation of the way the user uses Our Products, he/she may be exposed to certain offers and/or marketing messages tailored to such user. The user consents that marketing measures may also be taken in relation to created content, which are marketed by Capella Care LLC. The user grants Capella Care LLC the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Capella Care LLC shall have the right to use all content, irrespective of the type of usage. This shall include the right to change and edit such content. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. Capella Care LLC does not claim ownership of any content created by users and will not supervise such content.
The term “Territory” means the United States its territories possessions, North America, the United Kingdom and Australia. Any additional Territories shall be subject to mutual approval.
11. Governing Law
These Terms and Conditions, any non-contractual obligations arising in connection with them and litigation between the users and Capella Care LLC shall be subject to the US law only. The state and federal courts in Saratoga Springs, New York, shall have non-exclusive jurisdiction to determine any dispute arising in connection with these Terms and Conditions, including disputes relating to any non-contractual obligations.
12. Use by Minors
General age limitation. Our Products are not intended for children under 16 years old. If you are aware of anyone under 13 using our Products, please contact us at firstname.lastname@example.org and we will take required steps to delete or terminate their account.