Individual End User License Agreement
This is an abridged agreement. Read the entire one at www.PumpOne.com/mobile.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING A PUMPONE TRAINER (OR BY CLICKING ON A BUTTON TO CAUSE A PUMPONE TRAINER TO DOWNLOAD), YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED THE LICENSE AGREEMENT LOCATED AT www.PumpOne.com/mobile. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE PUMPONE TRAINER. YOU SHOULD PRINT OUT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.

WARNING: The images and text in PumpOne Trainers depict strenuous exercises performed by professionals. The exercises demonstrated may not be appropriate for all users. The information provided in PumpOne Trainers is designed to supplement the advice and counsel of your personal trainer, health care provider or other health professional. As with all strenuous physical endeavors, use common sense and caution while performing the exercises depicted in PumpOne Trainers.

The following describes the legal “Agreement” between you (an individual) and PumpOne LLC (“PumpOne”) regarding the use and storage of a PumpOne Trainer. This Agreement is only valid for individuals. For the licensing arrangements available for other entities desiring to license PumpOne Trainers, please contact PumpOne by email at info@PumpOne.com.

DEFINITIONS
The following terms used in this Agreement have the meanings set forth below:
Content, as used herein, means all of the materials provided to you as a PumpOne Trainer (whether by download, or as electronically stored information). The materials provided to you as a PumpOne Trainer may include one or more of the following: literary works, text, pictorial and graphical works, photographs, video and audio clips, motion pictures and other audio visual works, video games, music, soundtracks, button icons, streaming data, animation, images, compilations, or any other software files (in object code or source code format).
Electronically stored information, as used herein, means information that is stored in any electronically readable form, including magnetically stored information, information stored on solid state devices and information stored on optically readable media. Electronically stored information includes, without limitation, information stored on CD, DVD, diskette, hard disk, flash drives, memory cards, or other devices.

License
Subject to your acceptance of this Agreement, and subject to the terms and conditions of this Agreement, PumpOne hereby grants you a limited, non-transferable, non-assignable, worldwide, non¬-exclusive right to use the Content solely for your own non-commercial personal use. You may: (i) store the Content onto the hard drive of a single computer for your personal, non-commercial use; and (ii) store or synchronize the Content onto one or more of your handheld devices that are principally used by you (hereinafter, the “License”). The rights granted hereunder constitute a license, not a sale, of the applicable Content.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK.

PumpOne provides the following limited warranty: the PumpOne Trainer will be free from defects in material and workmanship for a period of one year from your date of purchase. PumpOne’s entire obligation, and your exclusive remedy, for breach of the foregoing warranty is as follows: if you notify PumpOne during the warranty period of the defect and provide proof of purchase showing the date and amount of your purchase, PumpOne shall, at PumpOne’s sole option, replace the PumpOne Trainer with one that is not defective or refund to you the amount you paid for the PumpOne Trainer. EXCEPT AS STATED ABOVE, THE CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PUMPONE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PUMPONE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT. PUMPONE MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE OR THE CONTENT. PUMPONE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE CONTENT OR ANY TRANSACTION ENTERED INTO THROUGH THE CONTENT AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Your remedies under this Agreement are exclusive and are limited to those expressly provided for herein.

INDEMNITY
You agree to indemnify PumpOne against any and all claims, liabilities, and costs, including reasonable attorneys’ fees, reasonably incurred in connection with the alleged or actual: (i) material breach of this Agreement by you; or (ii) breach of your warranties or representations herein. PumpOne shall promptly notify you in writing of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. PumpOne may participate in the defense of such claim or defense at its own expense.

LIMITATION OF LIABILITY
IN NO EVENT SHALL PUMPONE (OR ITS LICENSORS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY, IN EXCESS OF THE PRICE BY YOU PAID FOR YOUR LICENSE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF PUMPONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THESE LIMITATIONS, SO SOME OF THE ABVEO LIMITATIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY AGREE THAT PUMPONE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE CONTENT. YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU FUTHER UNDERSTAND AND AGREE THAT PUMPONE SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE CONTENT WHICH DAMAGE OR LOSS RESULTS FROM THE DOWNLOAD OF THE CONTENT. YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE.

PUMPONE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INJURY YOU SUFFER AS A RESULT OF USING THE CONTENT. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY AGREE TO ASSUME ALL RISKS ASSOCIATED WITH AND WHICH MAY ARISE FROM YOUR USE OF THE CONTENT.

Health Warranty
You represent and warrant that prior to use of your PumpOne Trainer, you will consult with your health care professional, and that your health care professional has agreed that you are in sufficient health and have no disability, impairment, injury disease or ailment that would prevent you from engaging in the exercises reflected in your PumpOne Trainer. If your healthcare provide is of the opinion that, at the time of your purchase, you were not in sufficient health to engage in the exercises in your PumpOne Trainer, and you so inform PumpOne within 30 days of your purchase (and provide PumpOne with your healthcare provider’s written opinion to that effect), PumpOne will refund your purchase price for the PumpOne Trainer.