Mammoth Hunters (“MH,” “we” or “us”) provide online services, including, but not limited to the Mammoth Hunters website (named with the domain names: “mammothhunters.net”, “mammothhunters.net”, “mammoth-hunters.es”, “cazadores-de-mamuts.com”, “mammoth-hunters.info” and from now on the “MH Site”), widgets, computer programs and mobile applications hosted by or on behalf of Mammoth Hunters (collectively, the “MH Services”) intended to provide you with physical training programs based on the Paleo Training method. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MAMMOTH HUNTERS AND GOVERNS YOUR USE OF THE MH SERVICES. Subject to your acceptance of and adherence to these Terms of Service (the “Terms of Use” and interchangeably “Terms of Service”), MH hereby grants you a limited, non-exclusive license to utilize the MH Services as set forth herein. The terms “you” and “user” shall refer to all individuals and entities that access the MH Services.
By your affirmative actions of registering for and/or using the MH Services, you signify your agreement to these Terms of Use and our Privacy Policy and represent that you are using the MH Services for its intended purpose. You also consent to allow MH to communicate with you electronically regarding the MH training program and the MH Services.
FUTURE MODIFICATIONS TO THE TERMS OF USE
We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the MH home page and we will indicate the date of the “Latest Update” at the bottom of the Terms of Use. We may also place a special notice on the MH Services or communicate significant changes by email. Your continued use of the MH Services following the posting of such changes constitutes your acceptance of the Amended Terms of Use.
REQUIREMENTS FOR USE OF THE MAMMOTH HUNTERS SERVICES
The MH Services are available for individuals aged 18 years or older. If you are under age please leave this website and ask your parents or legal guardian where to find appropriate guidance on physical training.
Full use of the MH Services requires internet access and may be affected by the performance of external factors such as internet connection, internet service provider, your computer performance and other factors not related to MH Services. MH does not allow third parties to offer MH Services. MH is not liable or responsible of third party products or service claiming to use MH Services and MH is not construed to represent or guarantee you access to the MH Services.
TERMS FOR COMPANIES AND ORGANIZATIONS
If you are registering or using the MH Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
PRECAUTIONS OF USE OF MAMMOTH HUNTERS
Content found on MH Site or through the MH Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the MH Services. You should consult with your physician before following any training instructions you receive through the MH Services or participating in any event announced on or through the MH Services. Not all exercises or activities described on the MH Services are suitable for everyone.
You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or the national emergency call service immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the MH Services unless such use is directed and closely monitored by a physician.
By using the MH Services, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the MH Services.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the MH Services. If you engage in any exercise program you receive or learn about through the MH Services you agree that you do so at your own risk and are voluntarily participating in these activities.
INFORMATION ON THE MH SERVICES
We try to provide helpful and accurate information on the MH Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the MH Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the MH Services. If you rely on any information provided by MH, MH employees, or others appearing on or contributing content to the MH Services, you do so solely at your own risk.
PRIVACY AGREEMENT
Through the MH Services, we enable you, if you wish, to share information with others, as this is an important motivator to achieve fitness goals. You can use the privacy settings within the MH Services to control which information about you is shared with others.
USER-GENERATED CONTENT
Subject to MH’s adherence with the privacy settings you select within the MH Services, you hereby grant to MH a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the MH Services (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. “User Generated Content” includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. Subject to MH’s adherence to the privacy settings you select within the MH Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude MH’s use of the User Generated Content or require your permission for MH to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against MH or other licensed its sublicensees relating to MH’s or its sublicensees’ use of the User Generated Content in accordance with your privacy settings, and you hereby release MH and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
REGISTRATION AND PASSWORD; PRIVACY POLICY
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. MH cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your MH account or for any third party’s fraudulent use or misuse of information submitted by you.
You affirm that the information that you provide about yourself as requested in the MH account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing MH with your current email address, so that you may receive notifications and other account-related communications.
The MH Services are subject to the MH Privacy Policy.
OWNERSHIP OF THE MH SERVICES
Except for the User Generated Content, the MH Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Mammoth Hunters or its licensors. You acknowledge that the MH Services and any underlying technology used in connection with the MH Services contain MH’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the MH Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the MH Services not expressly granted to you by MH are retained by MH and its licensors.
If you violate any of these Terms of Use, your permission to use the MH Services automatically terminates and you must immediately destroy any copies you have made of any portion of the MH Services.
COPYRIGHTED MATERIALS
You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by You.
If you feel that any content posted on the MH Services infringes your copyrights or other intellectual property rights, please notify us by sending an email to support@mhunters.com .
USER INDEMNIFICATION OF MAMMOTH HUNTERS
Upon request by us, you agree to defend, indemnify and hold MH and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the MH Services, including any User Generated Content you post, store, reproduce, display, or distribute via the MH Services; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the MH Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.
USER CONDUCT
If we determine that any user is not using the MH Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user’s transmissions, User Generated Content, or use of the MH Services. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the MH Services, or delete information you have posted to the MH Services, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of MH or third parties, or (e) could cause MH liability. Without limiting the foregoing, upon any termination of your account or access to the MH Services we may delete all User Generated Content and other information related to your Community Pages. If MH suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.
CHANGES TO MH SERVICES
MH may change or discontinue, temporarily or permanently, any feature or component of the MH Services at any time without further notice. You agree that MH shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the MH Services.
LINKS TO THIRD PARTY WEBSITES
The MH Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our MH Services does not imply approval or endorsement of the linked website by us. If you decide to leave our MH Services and access these third party websites, you do so at your own risk. MH suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that MH has no liability for any damage or loss of any type that is a result of your use of a third party website.
CONTENT AND WARRANTY DISCLAIMER
THE WEBSITE IS PROVIDED BY MAMMOTH HUNTERS AND ITS AFFILIATES “AS IS.” NEITHER MAMMOTH HUNTERS NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, MAMMOTH HUNTERS AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, MAMMOTH HUNTERS DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MAMMOTH HUNTERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MAMMOTH HUNTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF MAMMOTH HUNTERS, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. MAMMOTH HUNTERS ‘S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
GENERAL
The Terms of Use and the resolution of any dispute related to the Terms of Use or the MH Services shall be governed by and construed in accordance with the laws of the Spain without respect to its conflict of laws principles. You shall bring any legal action or proceeding against MH related to the MH Services exclusively in a court of competent jurisdiction sitting in Barcelona, Spain, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. MH’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by MH in writing. These terms and conditions constitute the entire agreement between you and MH with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.
TERMS SPECIFICALLY RELATED TO PAYMENTS
Service duration: You agree to pay MH the stated fees for the MH Service in a recurrent manner until you state your intention to cancel your subscription. The intention to cancel the subscription must be stated before the end of the current period of subscription. The duration of the term of service is selected on the subscribe page, if duration of the service is not stated clearly the service will be provided in the current form for 1 year or until major changes in the MH Site and MH Service justify a new quote (including, but not limited to, introduction of new features in the website, inclusion of sport specific training programs, major expansions of current services, etc…).
Payment: You permit MH to charge this fee to your credit card. We use a third party credit card payment processor to process all payments including but not limited the iTunes and Google Play payment platforms.
Membership fees will be charged to your credit card at the price then in effect for the duration of your membership. Cancellation of your membership can be done in the Settings area on MH Application. If you choose to cancel, your cancellation will take effect at the end of the term in which you cancelled. If your credit card is invalid for any reason, charged back, or if MH does not receive payment, we will cancel your member benefits immediately.
Term: Unless terminated earlier, this Agreement will remain in force as long as you are a paid subscriber to the MH Services. If you terminate the Service, but continue to be a member of MH, the Terms of Use and Privacy Policy will still apply.
Refund Policy and Termination: If MH cancels the entire Service, you may request a refund in writing within 30 days after the cancellation and receive a refund for the prorated amount of the fees for the Service. If MH makes a material adverse change to the Service or to the terms of this Agreement, you may terminate this Service and request a refund in writing within 15 days of such change and MH will refund the prorated amount of the fees for the Service.
If you have a trial subscription and are within the trial period you may cancel at anytime up to 24 hours before the end of the trial period, without being charged. If you have a paid subscription, you can cancel at any time up to 24 hours before the end of your subscription period, otherwise your subscription will automatically renew. Cancelling a subscription will still allow you to have full access to all Mammoth Hunters PRO features until the end of your subscription period.
For new subscribers, if you cancel within 7 days of joining MH PRO or one of the MH programs, you are eligible, upon request, for a full refund. If your purchase was made through the Apple iTunes Store or Google Play Store, you must contact Apple or Google, respectively to request a refund and stop auto-renewals. All other purchase can be refunded directly by contacting support@mhunters.com.
Please note that refund are not possible if you had a free trial or after an automatic renewals of your subscription. It is not necessary to delete your MH account in order to complete your cancellation. Deleting your account may result in difficulties in processing your refund. Deleting your account does not automatically result in cancellation of your subscription.
You can check the renewal date from your app by going to setting / my subscription.
Termination of your MH Service account and the refund rights above are your sole remedies under this Agreement and against MH in connection with MH’s provision of the MH Service. Because MH reserves the right to alter or discontinue all or any portion of the MH Service or the MH Site, you should be sure to retain a copy of any materials you post on the Site and your User data, which can be requested at support@mhunters.com and will be sent to you by email.
Representations, Warranties and Covenants: You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.
Amendment: Subject to the termination and refund rights above, you agree that MH reserves the right to amend the Premium Service and the terms associated therewith at any time and for any reason. Any changes may be posted to the Site or sent to you by email or postal mail.