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if you download our applications from a third-party app store -lrb- the `` app provider '' -rrb- , you acknowledge and agree that :
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the terms are an agreement between us , and not with the app provider .
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as between under armour and the app provider , under armour is solely responsible for the applications ;
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the app provider has no obligation to provide any maintenance and support services with respect to the applications ;
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in the event of any failure of the applications to conform to any applicable warranty , -lrb- i -rrb- you may notify the app provider and the app provider may refund the purchase price for the applications to you -lrb- if applicable -rrb- , -lrb- ii -rrb- to the maximum extent permitted by applicable law , the app provider will have no other warranty obligation whatsoever with respect to the applications , and -lrb- iii -rrb- any other claims , losses , liabilities , damages , costs or expenses attributable to any failure to conform to any warranty will be , as between under armour and the app provider , under armour 's responsibility ;
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the app provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications ;
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if a third party claims that an application infringes another party 's intellectual property rights , as between the app provider and under armour , under armour will be responsible for the investigation , defense , settlement and discharge of any such intellectual property infringement claim to the extent required by these terms ;
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the app provider and its subsidiaries are third-party beneficiaries of these terms as it relates to your license to the applications .
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upon your acceptance of the terms and conditions of these terms , the app provider will have the right -lrb- and will be deemed to have accepted the right -rrb- to enforce these terms as related to your license of the applications against you as a third-party beneficiary thereof ; and
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you must also comply with all applicable third-party terms of service when using the applications .
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if you choose to subscribe to any of our enhanced , paid services , these are the payment and billing terms that apply .
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paid services and billing will auto-renew unless you cancel .
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you may cancel at any time .
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we offer certain premium versions of the services -lrb- e.g. , mvp membership , myfitnesspal and endomondo premium -rrb- -lrb- the `` premium services '' -rrb- for a fee .
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by signing up for and using any of the premium services , you agree to our terms , and any additional terms and conditions that are provided here .
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you also agree to waive your 14-day right of withdrawal to the maximum extent permitted by applicable law , so that you are able to immediately access all of the premium services .
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the premium services provide you access to certain enhanced products , services , features and functionality -lrb- e.g. , premium graphs and analysis , an ad-free browsing experience -rrb- .
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by signing up for and using the premium services , including signing up for free trials of the premium services , you agree to pay any fees or other incurred charges that apply to the premium services -lrb- such as subscription fees -rrb- .
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when you sign up for the premium services , you must designate and provide information about your preferred payment method -lrb- `` payment method '' -rrb- .
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this information must be complete and accurate , and you are responsible for keeping it up to date .
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you expressly authorize us to collect from your payment method the appropriate fees charged for the premium services and for any other purchases you elect to make via the services .
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you can choose to pay for the premium services on a monthly or annual basis .
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all fees due for the premium services are payable in advance , and will be billed automatically to the payment method at the start of the monthly or annual premium service period , as applicable .
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unless otherwise stated , premium services will auto-renew until you elect to cancel your access to premium services .
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all purchases of premium services are final and non-refundable , except at our sole discretion and in accordance with the rules governing each premium service .
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-lrb- b -rrb- termination or cancellation of premium services
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if you do not pay the fees or charges due for your use of the premium services , we may make reasonable efforts to notify you and resolve the issue ; however , we reserve the right to disable or terminate your access to the premium services -lrb- and may do so without notice -rrb- .
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you can cancel the premium services at any time .
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more information on how to cancel can be found here .
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once you have cancelled your premium service and received confirmation , no other changes can be made to your account .
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the cancellation of a premium service will go into effect at the end of your current billing cycle , and you will have the same level of access to the premium service through the remainder of such billing cycle .
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for example , if you are billed on a monthly basis and cancel during a given month , you will be charged for the entirety of that month and maintain access to the premium service through the end of that month .
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there are no refunds for termination or cancellation of your premium service .
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if you no longer wish to subscribe to a premium service , it is your responsibility to cancel your premium service in due time , regardless of whether or not you actively use the premium service .
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to the maximum extent permitted by applicable laws , we may change our prices for premium services at any time .
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we will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable premium service and/or by sending you an email notification .
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if you do not wish to pay the new prices , you can cancel the applicable premium service prior to the change going into effect .
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-lrb- d -rrb- discount , coupon or gift codes
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if you have received a discount , coupon or gift code to a premium service , the following terms and conditions apply in addition to the terms and conditions of the specific code .
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to redeem a discount or coupon code , log in to the applicable service and enter the applicable code in the purchasing process to take advantage of the relevant promotion .
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all discounts , gift and coupon codes can only be applied when subscribing to premium services , and they can only be applied to accounts that are not already subscribing to premium services .
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discount , coupon and gift codes can not be combined with any other cash-off price , sales , promotion or coupon .
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discount , coupon and gift codes can not be exchanged , refunded , replaced or redeemed for cash or payment of accounts .
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a payment method may be required to redeem a discount or coupon code .
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it is your own responsibility to use a discount , coupon or gift code before it expires , and expired codes can not be refunded or extended .
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it is also your responsibility to terminate the premium service before the end of a free or discounted period if you do not want to continue with a premium service at the regular price .
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the terms and conditions of a specific discount , coupon or gift code may include additional restrictions on its use , including but not limited to the type of plan , duration of free or discounted premium service , coupon validity dates , and/or purchase quantities .
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under armour reserves the right to cancel discounts and coupon promotions at any time .
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we sometimes offer free trials of our premium services or other promotional offers -lrb- each a `` free trial '' -rrb- .
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a free trial provides you access to the premium services for a period of time , with details specified when you sign up for the offer .
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in order to sign up for a free trial , you may need to provide us with your preferred payment method .
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as soon as you submit your payment details , your free trial will begin .
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you will not be charged until the free trial period ends .
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unless you cancel before the end of the free trial , or unless otherwise stated , your access to the premium service will automatically continue and you will be billed the applicable fees for that premium service .
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all incurred charges are final and non-refundable , except at our sole discretion and in accordance with the rules governing each premium service .
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we may send you a reminder when your free trial is about to end , but we do not guarantee any such notifications .
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it is ultimately your responsibility to know when the free trial will end if you decide you do not want to become a paying premium services athlete after the free trial period .
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if you decide that you do not want to become a paying premium services athlete , you must cancel your subscription before the end of the free trial period .
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depending on which of our premium services for which you have a free trial , you may lose access to the premium service as soon as you cancel or at the end of the free trial period .
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once you have cancelled your free trial and received confirmation , you can not resume the free trial period even if you did not use the premium service for the entire duration of the offer .
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premium service features and content may change at any time , and we can not guarantee that any specific feature or content will be available for the entire free trial period .
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the rates in effect when you sign up for the free trial will be the same when the free trial ends , unless we notify you otherwise .
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we reserve the right , in our absolute discretion , to modify or terminate any free trial offer , your access to the premium services during the free trial , or any of these terms without notice and with no liability .
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you may not sign up for more than one free trial of a given premium service at the same time , and we reserve the right to limit your ability to take advantage of multiple free trials .
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if you buy things through under armour shopping , we require you to provide additional personal and payment method information in order to complete your purchase .
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additional e-commerce terms and conditions may apply to under armour shopping .
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you can find these terms and conditions here .
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we also aim to provide information about our refund , exchange , re-stocking , taxes , shipping , and related policies at or near the point of purchase .
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if you have questions related to under armour shopping , please contact our support team .
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please review these policies prior to making purchases through under armour shopping .
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it 's important to us that athletes stay healthy while training .
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please be responsible and use your best judgment and common sense .
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we provide our services for information purposes only , and ca n't be held liable if you get injured or something goes wrong .
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in particular , while most of the content posted by the other athletes in our community is helpful , it is coming from strangers on the internet and should never trump good judgment or actual medical advice .
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under armour cares about your safety .
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you should consult with your healthcare provider -lrb- s -rrb- and consider the associated risks before using our services in connection with any physical activity , wellness or fitness program .
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by using our 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 services .
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everyone 's condition and abilities are different , and participating in the activities promoted by our services is at your own risk .
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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 .
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activities promoted by the services may pose risks even to those who are currently in good health .
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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 services -lrb- e.g. , featured , official or community created challenges ; routes ; friendly competitions or similar activities ; any single or group training activities ; any third-party activities or other events or activities that utilize our services -rrb- .
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maps , directions and other gps or navigation data , including data relating to your current location , may be unavailable , inaccurate or incomplete .
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we encourage you to always put safety first , follow applicable traffic regulations , do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising .
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you expressly agree that your athletic activities , which may generate the user-generated content you post or seek to post on or via the services -lrb- e.g. , running , walking , cycling , hiking -rrb- and certain third-party 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 under armour or by the action , inaction , or negligence of others .
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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 services or features of the services , including any content or activities that you access or learn about through our services -lrb- e.g. , a third-party activity such as a yoga class -rrb- , even if caused in whole or part by the action , inaction or negligence of under armour or by the action , inaction or negligence of others .
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to the maximum extent permitted by applicable law , you also expressly agree that we do not assume responsibility for any third-party activity or any other race , contest , class , athletic activity or event that utilizes or is promoted by or accessed via the services .
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-lrb- b -rrb- not medical advice
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we aim to provide useful general information for our community , not professional medical advice .
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the services are not medical devices , and the data provided by them is not intended to be utilized for medical purposes and is not intended to diagnose , treat , cure or prevent any disease , ailment or injury .
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to the maximum extent permitted by applicable law , you expressly agree that we are not providing medical advice via the services .
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all content provided through the services , whether provided by us or by other athletes or third parties -lrb- even if they are claiming to be a doctor ! -rrb-
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is not intended to be and should not be used in place of -lrb- a -rrb- the advice of your physician or other professionals , -lrb- b -rrb- a visit , call or consultation with your physician or other medical professionals , or -lrb- c -rrb- information contained on or in any product packaging or label .
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we are not responsible for any health problems that may result from training programs , consultations , products , or events you learn about through the services .
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should you have any health related questions , please call or see your physician or other healthcare provider promptly .
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if you have an emergency , call your physician or your local emergency services immediately .
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your use of the services does not constitute or create a doctor-patient , therapist-patient or other healthcare professional relationship between under armour and you .
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the services are intended to provide you with information to encourage you to support your wellness and fitness activities .
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some of the services are aimed at tracking your physical movements and sleep activity -lrb- `` activity tracking services '' -rrb- .
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these activity tracking services rely on sensors and/or gps functionality that track your movement or body at rest .
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the data and information provided by the activity tracking services are intended to be a representation of your activity , but may not be completely accurate , including with respect to step , sleep , speed , distance , or calorie data .
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