TERMS AND CONDITIONS OF USE

THE CROSSFIT MPH WEBSITE (http://www.crossfitmph.com/), INCLUDING ALL OF ITS SUBSITES (e.g., https://clients.mindbodyonline.com/ASP/home.asp?studioid=6893) AND ALL SOFTWARE, PRODUCTS, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR WEB SITE OR SUBSITES (COLLECTIVELY, THIS “SITE”) IS OWNED AND OPERATED BY METAMORPHITNESS, LLC (hereinafter “MPH”). YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO THESE TERMS AND CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS, BROWSE, OR USE THIS SITE OR THE CONTENT OR SERVICES HEREON.

Privacy Policy

We respect your privacy. Our collection, use, and disclosure practices regarding your personally identifiable information and personal health information are as follows:

1. Name. We will identify and/or refer to you on this Site by your first name and last initial(s).
2. Personally Identifiable Information and/or Personal Health Information. We collect certain personally identifiable and/or personal health information from you in connection with our provision of the programming discussed on this Site. We maintain the strict confidentiality of this information in compliance with State and Federal Law, including the Health Insurance Portability and Accountablity Act (“HIPPA”). However, if you share, post, or otherwise make available your own personally identifiable information and/or personal health information (or, for that matter, any other confidential information) on this Site, such information shall receive no privacy protection because the Site is a public forum. If you or someone else shares, posts, or otherwise makes available your own personally identifiable information and/or personal health information on this Site, let us know and we will take reasonable steps to remove such information; however, our endeavors to protect your privacy in such situations do not obligate or otherwise make us liable for the publication of your personally identifiable information, personal health information, or any other confidential information.
3. Photographs and Video. From time to time, we may post pictures or video of you or your likeness on the Site in accordance with the Release and Authorization portion of the Waiver you completed if you registered to participate in MPH’s programming.

Registration and Eligibility

MPH allows users to establish an account to access various features of this Site, including but not limited to: registration for the classes and/or personal training, notification regarding workouts, scheduling, special events and competitions. If you register, you agree to provide MPH with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions of Use, which may result in immediate suspension or termination of your account.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register for any function, service, or portion of this Site that requires such registration. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms and Conditions of Use. By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions of Use and to abide by all of the terms and conditions set forth herein.

Passwords

When you are required to open an account to use or access this Site or any of its features or services, you will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify MPH immediately of any unauthorized use of your account, user name, or password (collectively, a “User ID”). MPH shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by MPH, its subsidiaries, entities owned, related to or controlled by MPH, officers, directors, employees, consultants, staff, agents, and representatives due to someone else’s use of your account or password. MPH reserves the right to refuse registration of, or cancel a User ID, at its sole discretion.

Medical Disclaimer

You expressly acknowledge and agree that MPH and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on this Site, you should seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation. There is an inherent risk that any exercise, while providing some health benefits, can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with MPH or this Site are at your sole discretion and risk.

Use of Site; Limited License

All content on this Site and otherwise available through this Site, including designs, logos, artwork, text, graphics, images, data, information, software, music, sounds, interactive features, video, audio and other files, and their selection and arrangement, is owned by MPH or its licensors. No Site content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions of Use or as expressly authorized in writing by MPH. Authorized users may access and use this Site and this Site’s content and download or print a reasonable number of copies of portions of this Site content to which the user has properly gained access solely for the user’s personal, non-commercial use (unless otherwise expressly authorized in writing by MPH), provided that the user maintains all copyright, trademark, or other proprietary notices on all copies of such Site content. You may not publish or otherwise distribute Site content, including via the Internet or any intranet or extranet site, or incorporate this Site content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content. Any use of this Site or this Site’s content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of this Site and this Site’s content granted herein. All rights of MPH or its licensors that are not expressly granted in these Terms and Conditions of Use are reserved to MPH and its licensors.

Links to and from this Site

Unless otherwise notified by us, you are free to link to this Site so long as you make it clear that (a) the linked content belongs to MPH; (b) such content is not your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, MPH.

This Site may contain links or references to other websites maintained by third parties over whom we have no control.  Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through this Site or any third party content posted on or available through this Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by MPH. If you decide to leave this Site and access the third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site or relating to any applications you use or install from this Site.

User Content

You grant MPH a license to use any materials that you submit, display, transmit, upload or post to this Site. By submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing information, videos, pictures, graphics, audio, music and sound, text, data, communications or other content (“User Content”), to this Site, you authorize MPH to treat any User Content as non-confidential and non-proprietary, and grant MPH, its subsidiaries, entities owned, related to or controlled by MPH, officers, directors, employees, staff, consultants, agents, and representatives a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicenseable and freely transferable right and license to reproduce, publish, distribute, prepare derivative works from, display, perform, modify, adapt, broadcast, license, sell, translate, and otherwise use User Content, in whole or in part, in connection with the operation, promotion, marketing, and advertising of the business, products, programs, events, competitions and services of MPH, including the exploitation thereof, in each case in any media formats and through any means or methods whether now known or hereafter discovered. You agree that MPH may so exploit your User Content without compensation or credit to you, including by sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by MPH and/or its third party providers or sublicensees of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory or other rights, and/or rights to credit for the material or ideas set forth therein. You agree that MPH may publish or otherwise disclose your name in connection with your User Content. By posting User Content on this Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, upload, distribute, display, perform, transmit, or otherwise use User Content, and to license and permit MPH to exploit the User Content as described above, and that MPH’s exploitation of the User Content as described above will not violate any rights of or require any compensation to any third party.

You are solely responsible for the User Content, messages, notes, text, information, listings, and any other content, material or data that you upload, publish or display on or through this Site, or transmit to or share with others. You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that MPH may, but is not obligated to, review this Site and may delete or remove (without notice) any Site content or User Content in its sole discretion, for any reason or no reason, including User Content that MPH believes violates these Terms and Conditions of Use. MPH has no backup or storage obligations regarding User Content.

MPH does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. MPH makes no representations concerning and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Content by third parties. You expressly waive any and all claims you may have against MPH and release MPH from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by MPH.

Trademarks

“MetamorPHitness”, “CrossFit MPH”, the “MPH Crosshair” logo, “The Fittest in DC”, “The Fastest in DC”, “The Strongest in DC”, “Effort Biased”, “Outside the Box”, “OTB”, and other MPH graphics, logos, slogans, tag lines, designs, page headers, button icons, scripts and service names are the trademarks, trademarks or trade dress of MPH in the U.S. and other countries. Unless expressly authorized by MPH in writing, you may not use MPH trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that MPH endorses any product or service. You may not reproduce or use MPH’s trademarks or trade dress without the prior written permission of MPH.

Copyright and Content

The contents of this Site are protected by copyright under United States and foreign laws. Title to the content of this Site remains with MPH or its licensors. Any use of such content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MPH. All rights not expressly granted herein are reserved to MPH and its licensors.

Use of Public Forums and Inappropriate Content

MPH offers and maintains certain discussion boards, user forums and other places where the MPH user community can post questions and share information, ideas, workouts or advice. You agree that you will not upload or transmit any User Content of any type to any Public Forums of this Site (including, without limitation, message boards, blogs, vlogs, bulletin boards, list serves, wiki’s or other open forums made available though our Site) (a “Public Forum”) that infringe or violate any rights of any party. By submitting any User Content to the Public Forums, you agree that such User Content is non-confidential for all purposes. If you use a Public Forum on this Site, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on our Site. MPH and any party involved in creating, producing, delivering or maintaining this Site are not responsible for the consequences of any communications in the Public Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency and MPH immediately.

You agree not to (including not facilitating or assisting), directly or indirectly, upload, download, link, stream, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful, fraudulent, harmful, harassing, tortious, vulgar, that may be invasive or violative of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) distributes or facilitates the distribution of viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or computer code that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information; (e) adversely affects the availability of Site resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text) or excessively large embedded images); (f) solicits or disseminates surveys (other than any such functionality expressly provided for by the Public Forum that otherwise complies with these Terms and Conditions of Use), contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; or (f) creates a false identity for the purpose of misleading others; (g) transmits or facilitates the transmission of any content to an e-mail address, messenger-feature address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of the owner or licensor of such other address or other location; and (h) transmits or facilitates the transmission of any User Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary, statutory, common law or other rights of any party.

MPH reserves the right to terminate your receipt, transmission, or other distribution of any such material using this Site, and, if applicable, to delete any such material from its servers and/or this Site as well as to take any other action required or permitted under any applicable laws. MPH intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or any applicable laws.

Other Prohibited Uses

You are prohibited from violating or attempting to violate, and agree not to violate or attempt to violate, any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network; (d) using this Site to send unsolicited e-mail or other communications, including, without limitation, promotions, or advertisements for products or services; and (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by MPH in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability.

Alleged Violations (Termination)

MPH reserves the right to suspend or terminate your use of this Site. To ensure that MPH provides a high-quality experience for you and other uses of this Site, you agree that MPH or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site. MPH does not intend to disclose the existence or occurrence of such an investigation unless required by law, but MPH reserves the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if MPH believes that you have violated any of the Terms and Conditions of Use, furnished MPH with false or misleading information, or interfered with the use of this Site by others.

No License

Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned or licensed by MPH or by any third party.

No Warranties

MPH AND MPH’s RELATED ENTITIES AND SUBSIDIARIES, INCLUDING ENTITIES IT OWNS OR CONTROLS OR IS UNDER COMMON CONTROL WITH, MPH THIRD PARTY PROVIDERS, ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, STAFF, REPRESENTATIVES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “MPH PARTIES”) HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS. THE MPH PARTIES ARE MAKING THIS SITE AVAILABLE “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MPH PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE MPH PARTIES DO NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED, SECURE, BUG-FREE, OR ERROR-FREE; NOR DO THE MPH PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.

SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS “NO WARRANTIES” SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL THE MPH PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THIS SITE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THIS SITE OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY MPH OR ANY THIRD PARTY, IN CONNECTION WITH THIS SITE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS SITE, EVEN IF THE MPH PARTIES WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY MPH PURSUANT TO THESE TERMS AND CONDITIONS OF USE, OR IN ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS “NO WARRANTIES” SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MPH IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF THE MPH PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.  THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS AND CONDITIONS OF USE.

THE MPH PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ABUSIVE, THREATENING, UNLAWFUL, FRAUDULENT, HARMFUL, HARASSING, TORTIOUS, VULGAR, HATEFUL, RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE OR OFFENSIVE POSTING OR CONDUCT, ON THIS SITE BY ANYONE OTHER THAN AUTHORIZED MPH EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE MPH PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

MPH DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND MPH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties. In such jurisdictions, the above disclaimer will have the greatest extent permitted by applicable law.

Limited Liability

NEITHER MPH, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT OR SERVICES AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THIS SITE AS A STARTING POINT, OR ANY ERRORS OR OMISSIONS IN THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MPH, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY.

Indemnification

You agree to defend, indemnify and hold harmless MPH and any other party involved in creating, producing, delivering or maintaining this Site and each of their respective officers, directors, employees, staff, agents, licensors, suppliers and third party partners from and against all losses, expenses, damages and costs, including without limitation, reasonable attorney and accounting fees, resulting from your violation of these Terms and Conditions of Use, the breach by you of any representations, warranties and/or covenants contained herein or your use of this Site.

Governing Law; Venue and Jurisdiction

The Terms and Conditions of Use are governed by the internal and substantive laws of the District of Columbia without respect to its conflict of laws principles.

You expressly agree that exclusive jurisdiction for any dispute with MPH, or in any way relating to your use of this Site, resides in the courts of the District of Columbia and you further agree and expressly consent to the exercise of personal jurisdiction by the courts of the District of Columbia in connection with any such dispute including any claim involving MPH or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, content provides and any other party involved in creating, producing, delivering or maintaining this Site.

This Site is controlled and operated by MPH from its offices within the District of Columbia, United States of America. MPH makes no representation that materials on or linked to from this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Severability/Waiver

If any provision of these Terms and Conditions 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 these Terms and Conditions of Use, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms and Conditions of Use.

Our failure to exercise any right or remedy available upon your breach of these Terms and Conditions of Use or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or (c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.

Modifications

MPH may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions of Use; (b) modify this Site, including the Privacy Policy; or (c) discontinue this Site (in whole or in part) at any time. MPH shall post any revision to these Terms and Conditions of Use to this Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and Conditions of Use and other online policies posted on this Site periodically to be aware of any revisions. You agree that, by continuing to use or access this Site following notice of any revision or the posting of any revision, you shall abide by any such revision.

Assignment

We may assign these Terms and Conditions of Use with or without notice to one or more third parties.

Complete Agreement

Except as expressly provided in any particular “legal notice” or end user software license agreement found on this Site, these Terms and Conditions of Use and our Privacy Policy (and the PARQ/Waiver, if you are registered to participate in MPH’s programming) constitute the entire agreement between you and MPH with respect to the use of this Site and the content therein.

Our Address

MetamorPHitness, LLC
1469 Church Street NW
Washington, D.C. 20005

Date of these Terms and Conditions of Use

November 4, 2011