Legal Rights & Agreement Rules · Restriction or exception
Using the Services means agreeing to three documents
The Services (website, mobile apps and related services) are offered subject to these Terms of Service together with the separate Privacy Policy and Community Guidelines, which the Terms call the MyFitnessPal Terms. The Services are provided by MyFitnessPal, Inc. and its affiliates. You are treated as agreeing to the MyFitnessPal Terms by accessing and using the Services, signing up for an account, or indicating your consent, and if you do not agree to any part of them you may not use the Services. This version states an effective date of March 18, 2025.
Supporting quotations
Effective Date: March 18, 2025
subject to these Terms of Service (“Terms”), our Privacy Policy (“Privacy Policy”) and the Community Guidelines (“Community Guidelines”) (collectively, the “MyFitnessPal Terms”)
Services are provided to you by MyFitnessPal, Inc. and its affiliates
By accessing and using the Services, signing up for an account, or indicating your consent, you agree to the MyFitnessPal Terms. If you do not agree to any part of the MyFitnessPal Terms, you may not use the Services.
Qualifications & exceptions
Agreement is triggered by accessing and using the Services, signing up for an account, or indicating consent.
The bundle is the Terms of Service plus the Privacy Policy plus the Community Guidelines.
Not stated here
The Privacy Policy and Community Guidelines are separate documents that were not part of this saved text, so their content is not described here.
Legal Rights & Agreement Rules · Context
Terms include binding arbitration and a class action waiver
A notice at the start of the Terms says they include a binding arbitration agreement and a class action waiver in Section 12, that this provision affects how you can resolve disputes with MyFitnessPal, and that you should review it carefully. This is a pointer; the operative dispute terms are in the Dispute Resolution section.
Supporting quotations
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER IN SECTION 12. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH MYFITNESSPAL AND YOU SHOULD REVIEW IT CAREFULLY.
Qualifications & exceptions
The notice points to Section 12; the operative arbitration, waiver and procedure terms are in that section.
Not stated here
The notice itself does not state the terms of Section 12 (who is covered, what is excluded, the process, any opt-out); those are read from the Dispute Resolution section.
Legal Rights & Agreement Rules · Restriction or exception
You treat the agreement as negotiated and confirm your authority
You agree that the MyFitnessPal Terms are like any written, negotiated agreement signed by you and that you will be bound by and fully comply with them. You also represent and warrant that you have all necessary rights, power and authority to enter into the agreement and perform your obligations.
Supporting quotations
You agree that the agreement formed by the MyFitnessPal Terms is like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.
You represent and warrant that you have all necessary rights, power, and authority to enter into this agreement and to perform your obligations hereunder.
Legal Rights & Agreement Rules · Restriction or exception
English version controls over translations
The MyFitnessPal Terms were written in English. If a translated version conflicts with the English version, the English version controls.
Supporting quotations
The MyFitnessPal Terms were written in English and to the extent a translated version of the MyFitnessPal Terms conflict with the English version, the English version controls.
Qualifications & exceptions
Applies only where a translation conflicts with the English version.
Legal Rights & Agreement Rules · Context
Plain-language summary box previews five topics
Before the numbered sections, a 'Quick Links' box gives short, informal previews of five topics: that the Services are only for users over 18; that MyFitnessPal owns the content made available through the Service while you own what you provide (like logging data) and give it the permissions it needs to use it; that Premium means providing a payment method, being charged automatically at the start of each billing cycle, and auto-renewal unless you cancel before the end of the subscription period; that the Services are not medical advice and you should talk to your doctor; and that scraping the website is asked not to be done. Four items link to numbered sections for more. These previews are shorthand; the details and limits are in the sections they point to.
Supporting quotations
Our Services are ONLY for users who are over 18.
We own all content made available through the Service. You own what you provide (like your logging data), but you’re giving us the permissions we need to use it.
you’ll give us a payment method and will be automatically charged at the start of each billing cycle unless you cancel. Your subscription auto-renews unless you choose to cancel prior to the end of the subscription period.
Absolutely not. Always talk to your doctor with any questions you may have regarding your health.
Can I scrape your website and steal all your data? Please don’t.
Qualifications & exceptions
The box is a summary and the items that carry a 'Learn More' link point to the numbered sections for detail.
The age item has no link in the box; the age rule is in the registration section.
Legal Rights & Agreement Rules · Restriction or exception
You promise lawful use, local permission and accurate information
You represent and warrant that you have verified in your own jurisdiction that using the Services is allowed, that you will perform under the MyFitnessPal Terms in compliance with all applicable laws, rules and regulations, and that all information you provide in connection with accessing or using the Services is true, accurate and complete to the best of your knowledge and belief.
Supporting quotations
You represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed, that you will perform under these MyFitnessPal Terms in compliance with all applicable laws, rules and regulations, and that all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.
Qualifications & exceptions
The accuracy promise is limited to the best of your knowledge and belief.
Legal Rights & Agreement Rules · Permission or license
Terms can be changed at any time; continued use means acceptance
MyFitnessPal reserves the right to update the MyFitnessPal Terms at any time and for any reason in its sole discretion. It says it will notify you in advance of any material changes. By continuing to access or use the Services after notice of a modification, you agree to be bound by the modified terms. If the modified terms are not acceptable to you, the text tells you to stop using the Services and delete your account.
Supporting quotations
MyFitnessPal reserves the right to update the MyFitnessPal Terms at any time and for any reason in its sole discretion.
We will notify you in advance of any material changes to the MyFitnessPal Terms.
By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified MyFitnessPal Terms. If the modified MyFitnessPal Terms are not acceptable to you, please stop using the Services and delete your account.
Qualifications & exceptions
Advance notice is promised only for material changes.
Acceptance is by continuing to access or use the Services after notice of the modification.
Not stated here
The text does not say how far in advance notice will be given or by what channel in this passage; the Miscellaneous section covers notice methods in general.
Legal Rights & Agreement Rules · Restriction or exception
Health content is information only; see a physician and never delay medical care because of it
MyFitnessPal provides health and weight management information and guidance only. You should seek the advice of a physician or medical professional with any questions about your health before beginning any dietary programs, exercise regimen or other fitness or wellness activities referenced in the Services. If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should consult your physician before using the Services. If information from the Services is inconsistent with your physician's medical advice, you should follow your physician's advice, and you should never disregard medical advice or delay seeking it because of any content in the Services.
Supporting quotations
We provide health and weight management information and guidance only.
You should seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any dietary programs, exercise regimen or any other fitness or wellness activities, as may be referenced in our Services.
If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should consult with your physician before using the Services. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE OR ATTENTION BECAUSE OF ANY CONTENT PRESENTED IN THE SERVICES.
Qualifications & exceptions
Phrased as what you 'should' do, not as a prohibition.
Legal Rights & Agreement Rules · Restriction or exception
You voluntarily assume the risks of exercise and wellness activities
Exercise and wellness activities carry inherent and significant risks of bodily injury, death or property damage, and you voluntarily assume all known and unknown risks associated with those activities.
Supporting quotations
Exercise and wellness activities carry certain inherent and significant risks of bodily injury, death or property damage and you voluntarily assume all known and unknown risks associated with these activities.
Legal Rights & Agreement Rules · Restriction or exception
The Services are not medical advice and create no doctor-patient relationship
The Services, including Content, are provided for general informational purposes only. MyFitnessPal says it is not a medical professional or organization and does not provide medical services or advice. The Services are not intended for diagnosing diseases or other medical conditions or for curing, mitigating, treating or preventing them. Its information should not be treated as a substitute for physician consultation, evaluation or treatment or relied on for medical decisions or to diagnose or treat a condition. Using the Services or communicating with MyFitnessPal does not create a doctor-patient relationship.
Supporting quotations
Services (including but not limited to Content) are provided for general informational purposes only. MyFitnessPal is not a medical professional or a medical organization and we do not provide medical services or render medical advice. Services are not intended for use in the diagnosis of diseases or other medical conditions, or in the cure, mitigation, treatment or prevention of disease or medical condition.
The information provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment and should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness.
Use of the Services, or communication with us does not create any doctor-patient relationship.
Legal Rights & Agreement Rules · Restriction or exception
Meal planning may miss allergens; you are solely responsible for your food allergies
Premium Services may include specialized Content such as meal planning. MyFitnessPal says it will try to avoid recommending foods you may be allergic to, based on the information you provide, but it may not have enough information about the ingredients of each food item. You are solely responsible for knowing about any food allergies you have and for verifying products and their contents before handling, preparing, using or consuming them.
Supporting quotations
Premium Services may provide you with access to certain specialized Content, including meal planning. Please be aware that while we will try to avoid recommending foods that you may be allergic to (in accordance with the information you provide us), we may not have sufficient information about the ingredients of each food item.
YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.
Qualifications & exceptions
Allergy avoidance is based on the information you provide and is described as an effort ('will try'), not a guarantee.
The meal planning example is in Premium Services.
Legal Rights & Agreement Rules · Restriction or exception
Using the Services to promote or achieve dangerously low levels of eating is not permitted
MyFitnessPal says it welcomes members at different stages of their health and fitness journey, aims to provide tools for steady and sustainable weight management, promotes healthy relationships with food and does not condone dangerously low levels of eating. It links to additional eating disorder resources. Any use of the Services to promote, glamorize or achieve dangerously low levels of eating is not permitted. If you feel the Services may not be the best choice for you, the text asks you not to use them.
Supporting quotations
We promote healthy relationships with food and don’t condone dangerously low levels of eating. We offer additional resources here.
Any use of our Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted.
If you feel like our Services may not be the best choice for you, please do not use them.
Qualifications & exceptions
The prohibition covers promoting, glamorizing or achieving dangerously low levels of eating through the Services.
The statements about goals and values are stated intentions, not measurable commitments.
Not stated here
The text does not define 'dangerously low levels of eating' or say how the rule is enforced.
Legal Rights & Agreement Rules · Restriction or exception
No promise that Content is accurate, complete or kept up to date
MyFitnessPal makes no representations or warranties about the accuracy, reliability, completeness or timeliness of any Content available through the Services and makes no commitment to update it. User-Generated Content, including advice, statements and other information such as food, nutrition, dietary guidance, exercise or training guidance, athletic activities and exercise database entries, is not produced by MyFitnessPal and should not be relied on. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user it came from.
Supporting quotations
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by MyFitnessPal, and should not be relied on.
User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated.
Qualifications & exceptions
Covers both publicly posted and privately transmitted User-Generated Content.
Legal Rights & Agreement Rules · Restriction or exception
The Food Database is partly user-edited; no guarantee on nutrition, allergens or medication interactions
MyFitnessPal's Food Database combines nutritional information entered by MyFitnessPal and by members, and any user can contribute to or edit it. Nutritional information in the database has not always been reviewed by people with the needed expertise to provide complete, accurate or reliable information. MyFitnessPal does not guarantee the accuracy, completeness or usefulness of any nutritional information or ingredients in it, and explicitly disclaims all responsibility for food safety, allergens or contraindications to medications.
Supporting quotations
MyFitnessPal’s food database (“Food Database”) contains a combination of nutritional information entered by MyFitnessPal and MyFitnessPal members. Any user of the Services can contribute to or edit nutritional information in the Food Database.
Nutritional information in the Food Database has not always been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. MyFitnessPal does not guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database.
WE MAKE NO REPRESENTATIONS OF ANY KIND FOR AND EXPLICITLY DISCLAIM ALL RESPONSIBILITY WITH RESPECT TO FOOD SAFETY, ALLERGENS OR CONTRAINDICATIONS TO MEDICATIONS.
Qualifications & exceptions
Any user of the Services can contribute to or edit nutritional information in the Food Database.
Legal Rights & Agreement Rules · Restriction or exception
The Services may be used only for lawful purposes
The Services may be used only for lawful purposes, and MyFitnessPal specifically prohibits the uses listed in the Restrictions section, which covers derivative works and copying, commercial use, disruption, scraping and data harvesting, and harmful code.
Supporting quotations
The Services may be used only for lawful purposes. MyFitnessPal specifically prohibits any use of the Services as follows.
Legal Rights & Agreement Rules · Context
The agreement is with MyFitnessPal, not the app store, which is a third-party beneficiary of the App license
The App may be made available on Google Play or the Apple App Store (the App Provider). These Terms are an agreement between you and MyFitnessPal, not with the App Provider, and as between MyFitnessPal and the App Provider, MyFitnessPal is solely responsible for its App. Your use of the App must comply with any applicable terms and conditions of the App Provider. The App Provider has no obligation to provide maintenance and support or any warranty obligations. The App Provider and its subsidiaries are third-party beneficiaries of the MyFitnessPal Terms as they relate to your license to the App.
Supporting quotations
Our App may be made available to you on the Google Play or Apple App Store (the “App Provider”). These Terms are an agreement between you and MyFitnessPal, and not with the App Provider. As between MyFitnessPal and the App Provider, MyFitnessPal is solely responsible for its App.
Your use of the App must comply with any applicable terms and conditions provided by App Provider. App Provider has no obligation to provide any maintenance and support services or have any warranty obligations.
The App Provider and its subsidiaries are third-party beneficiaries of these MyFitnessPal Terms as it relates to your license to the App.
Qualifications & exceptions
The App Provider's third-party beneficiary status is limited to the terms as they relate to your license to the App.
Legal Rights & Agreement Rules · Procedure
How to send a copyright or trademark infringement notice
If you believe User-Generated Content or MyFitnessPal Content infringes copyright or trademark under U.S. or other national law, you can notify MyFitnessPal, which says it investigates allegations brought to its attention. Following the U.S. Digital Millennium Copyright Act, a notice should identify the copyrighted work or a representative list of works, identify the allegedly infringing material and its location in enough detail to find it, give the notifying party's name, address, telephone number and, if available, email address, state a good-faith belief that the use is not authorized by the owner, its agent or the law, state that the notice is accurate and that the notifying party owns or is authorized to act for the owner of the exclusive right, and carry a physical or electronic signature. The notice must be signed and addressed to MyFitnessPal, Inc., 100 Congress Avenue, Suite 400, Austin, TX 78701, Attn: DMCA Requests. Some information in a notice may be forwarded to the user who posted the allegedly infringing content.
Supporting quotations
If you believe User-Generated Content or MyFitnessPal Content infringes copyright or trademark under U.S. or other national law, please notify us. We investigate any allegations of infringement brought to our attention.
Pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), please provide us with the following information in your notice of a suspected violation:
Identification of the material being infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and, if available, email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement that the information provided in the notice is accurate and that the Notifying Party is the copyright owner or authorized to make the complaint on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the material that has been allegedly infringed.
Your notice must be signed (physically or electronically) and must be addressed as follows:
MyFitnessPal, Inc. 100 Congress Avenue, Suite 400 Austin, TX 78701 Attn: DMCA Requests
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content.
The preceding information is provided for notifying us that your copyrighted material may have been infringed.
Qualifications & exceptions
Elements follow 17 U.S.C. § 512(c)(3) as cited in the text.
Some information in a notice may be forwarded to the user who posted the content.
The text says a notice that fails the requirements may not be valid.
Not stated here
The text does not say what MyFitnessPal does after receiving a valid notice beyond investigating, or how a user can respond.
Legal Rights & Agreement Rules · Restriction or exception
An incomplete copyright notice may be invalid; false claims can create liability
If a copyright notice does not meet all the listed requirements it may not be valid. Some information in a notice may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the DMCA, anyone who knowingly and materially misrepresents that material or activity is infringing may be subject to liability. The text points to copyright.gov and uspto.gov/trademark for more information on preparing or responding to a notice and on trademark rights.
Supporting quotations
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content.
In the U.S., under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Section 512(f) liability is described for U.S. notices where someone knowingly and materially misrepresents infringement.
Section 512(f) is an external legal citation; the cited law's text is not part of this document.
Not stated here
The text of the DMCA and the linked government sites are not supplied here, so the card cannot describe what they provide.
Legal Rights & Agreement Rules · Restriction or exception
The Services are provided 'as is' with warranties disclaimed
Except where prohibited by law, MyFitnessPal expressly disclaims all warranties, representations and guarantees of any kind, oral or written, express, implied or statutory, including implied warranties of merchantability, accuracy, quality, title, validity, fitness for a particular purpose and non-infringement. The Services and all Content are provided 'as is' and 'as available'. Because some states and jurisdictions do not allow limits on implied warranties, the disclaimer may not apply to you there; where implied warranties cannot be excluded entirely, they are limited to those required by law, for the shortest duration permitted, and to the maximum extent permitted by law. You may also have other rights that vary from state to state.
Supporting quotations
EXCEPT WHERE PROHIBITED BY LAW, MYFITNESSPAL EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
Qualifications & exceptions
Applies except where prohibited by law.
Some states and jurisdictions do not allow limits on implied warranties, so the disclaimer may not apply to you.
Where implied warranties cannot be excluded, they are limited to those required by law for the shortest duration permitted.
Legal Rights & Agreement Rules · Restriction or exception
No warranty on quality, results, uptime or error correction; the risk is yours
To the maximum extent permitted by law, MyFitnessPal makes no warranty about the quality, accuracy, timeliness, truthfulness, completeness, availability or reliability of the Services or any Content. It does not warrant that the Services will meet your requirements or give specific results, that they will run uninterrupted or be free of viruses, errors or other harmful elements, or that errors will be corrected. Oral or written advice from its agents does not create a warranty, and no warranty arises from advice or information from other users or through the Services. User-Generated Content is provided by and is solely the responsibility of the users who provide it. You acknowledge that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
Supporting quotations
Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content.
To the maximum extent permitted by applicable law, we do not warrant that (a) the Services will meet your requirements or provide specific results, (b) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (c) errors will be corrected.
No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
“User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted.
Qualifications & exceptions
Each disclaimer applies to the maximum extent permitted by applicable law.
Legal Rights & Agreement Rules · Restriction or exception
MyFitnessPal excludes liability for indirect and other losses, including third-party content
To the maximum extent permitted by law, MyFitnessPal says it is not liable to you or any third party for indirect, incidental, special, reliance, exemplary, punitive or consequential damages; loss of profits, revenue, data, use, goodwill or other intangible losses; damages relating to your access to, use of or inability to use the Services; damages relating to any conduct or content of a third party or user, including defamatory, offensive or illegal conduct or content; or damages relating to third-party content or services accessed through the Services. The limitation applies to claims based on warranty, contract, tort or any other legal theory, whether or not MyFitnessPal was told of the possibility of damage, and even if a remedy fails its essential purpose.
Supporting quotations
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MYFITNESSPAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY THIRD PARTY CONTENT OR THIRD PARTY SERVICES ACCESSED OR USED VIA THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYFITNESSPAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Qualifications & exceptions
Applies to the maximum extent permitted by applicable law.
Some states and jurisdictions do not allow limits or exclusions of liability, so the exclusions may not apply to you.
Legal Rights & Agreement Rules · Context
You agree the disclaimers and liability limits are a fair basis for the pricing and the Services
To the extent permitted by law, you acknowledge and agree that MyFitnessPal offers the Services and sets their prices in reliance on the warranty disclaimers, releases and limitations of liability in the Terms, that these reflect a reasonable and fair allocation of risk and form an essential basis of the bargain, and that MyFitnessPal could not provide the Services on an economically reasonable basis without them.
Supporting quotations
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us.
Qualifications & exceptions
Applies to the extent permitted by applicable law.
Legal Rights & Agreement Rules · Restriction or exception
You must indemnify MyFitnessPal for third-party claims tied to your content, use or violations
To the maximum extent permitted by law, you agree to indemnify and hold MyFitnessPal harmless from liabilities, claims, demands, losses or expenses, including reasonable accounting and attorneys' fees, made by any third party due to or arising out of the User-Generated Content you access or share through the Services, your use of the Services, your activities in connection with the Services, your violation of the MyFitnessPal Terms, or your violation of any other person's or entity's rights, including intellectual property, proprietary or privacy rights. MyFitnessPal may assume exclusive defense and control of any matter for which you must indemnify it, and you agree to cooperate. You may not settle any such matter without MyFitnessPal's prior written consent. The indemnification survives termination or expiration of the Terms.
Supporting quotations
To the maximum extent permitted by applicable law, you agree to indemnify and hold MyFitnessPal harmless from any and all liabilities, claims, demands, losses, or expenses, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your activities in connection with the Services, (d) your violation of the MyFitnessPal Terms, (e) any violation of the rights of any other person or entity by you, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims. You shall not in any event settle any matter without the prior written consent of MyFitnessPal. This indemnification section will survive any termination or expiration of the MyFitnessPal Terms.
“User-Generated Content” means any Content that you or another user makes available in connection with the Services, whether privately or publicly posted.
Qualifications & exceptions
Applies to the maximum extent permitted by applicable law.
Covers claims made by third parties, including the content you 'access or share', not only content you post.
Survives termination or expiration of the Terms.
Legal Rights & Agreement Rules · Context
New York law and controlling U.S. federal law govern the Terms
The MyFitnessPal Terms are governed by and construed under the laws of New York and controlling U.S. federal law as applicable, without regard to conflict-of-law principles.
Supporting quotations
MyFitnessPal Terms shall be governed by and construed in accordance with the laws of the New York and controlling U.S. federal law as applicable, without regard to its conflict of law principles.
Qualifications & exceptions
The source text reads 'the laws of the New York', as published.
Legal Rights & Agreement Rules · Restriction or exception
Section 12 covers almost any dispute: arbitration, class and jury waivers, and a one-year limit
The Dispute Resolution section warns that it may significantly affect your legal rights, including your right to sue in court and have a jury hear your dispute, and that it contains procedures for mandatory binding arbitration, a class action waiver, a jury trial waiver and a contractual limitations period. It applies to any dispute between you and MyFitnessPal arising out of or relating in any way to the Terms, its products or services, your visit to the site, its advertising or marketing, its privacy and data security practices, and any purchase, transaction, return or other interaction, whether based on contract, tort, warranty, statute, regulation or another legal or equitable basis. The scope expressly includes disputes that arose before this or any prior agreement, disputes that would otherwise be subject to pre-existing class action litigation in which you may be a putative class member, and disputes that arise after the Terms end.
Supporting quotations
PLEASE READ THIS ENTIRE SECTION 12 (“DISPUTE RESOLUTION”) CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR DISPUTES. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A CONTRACTUAL LIMITATIONS PERIOD.
THIS SECTION APPLIES TO ANY DISPUTE BETWEEN YOU AND MYFITNESSPAL (EACH, A “PARTY;” TOGETHER, THE “PARTIES”) ARISING OUT OF OR RELATING IN ANY WAY TO THE MYFITNESSPAL TERMS, OUR PRODUCTS OR SERVICES, YOUR VISIT TO THE SITE, OUR ADVERTISING OR MARKETING, OUR PRIVACY AND DATA SECURITY PRACTICES, AND TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH MYFITNESSPAL, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (EACH, A “DISPUTE”), INCLUDING, BUT NOT LIMITED TO:
DISPUTES THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT;
DISPUTES THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THE MYFITNESSPAL TERMS.
YOU AND MYFITNESSPAL EACH ACKNOWLEDGE THAT THE TERMS IN THIS SECTION 12 ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S DISPUTES.
Qualifications & exceptions
Scope reaches disputes about privacy and data security practices.
Scope reaches disputes that arose before this or any prior agreement and disputes that would otherwise be in pre-existing class action litigation.
Scope continues after the Terms terminate.
Legal Rights & Agreement Rules · User right or choice
Courts remain open for provisional relief, intellectual property and small claims
The Dispute Resolution section does not stop either party from seeking provisional remedies in aid of arbitration (such as orders to stay a court action, compel arbitration or confirm an award) from a court of competent jurisdiction, or from applying to such a court for a temporary restraining order, preliminary injunction or other interim relief as necessary, or from seeking relief in any state or federal court for disputes related to a violation or possible violation of MyFitnessPal's intellectual property rights. Either party may also bring a Dispute in small claims court within the court's jurisdictional and dollar limits. Small claims is reached only by direct filing by you or MyFitnessPal, and a Dispute started in arbitration may not be secondarily sent to small claims court under otherwise applicable rules.
Supporting quotations
Notwithstanding the provisions herein, this Dispute Resolution section will not preclude you or MyFitnessPal from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a court of competent jurisdiction.
Furthermore, this Dispute Resolution section will not preclude you or MyFitnessPal from (a) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (b) seeking relief in any state or federal court for disputes related to a violation or possible violation of MyFitnessPal’s intellectual property rights.
Additionally, notwithstanding the provisions herein, either you or MyFitnessPal may bring a Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or MyFitnessPal. As set forth below, a Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules.
Qualifications & exceptions
Small claims court is available only by direct filing and within the court's jurisdictional and dollar limits.
A Dispute that has begun in arbitration may not be redirected to small claims court.
Legal Rights & Agreement Rules · Restriction or exception
The Dispute Resolution section survives the end of the Terms
The entire Dispute Resolution section survives termination of the agreement, of the MyFitnessPal Terms, of the parties' relationship, or the end of your use of any Services.
Supporting quotations
THIS ENTIRE DISPUTE RESOLUTION SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, THE MYFITNESSPAL TERMS, THE PARTIES’ RELATIONSHIP, OR THE END OF YOUR USE OF ANY SERVICES.
Legal Rights & Agreement Rules · Procedure
Before arbitration or suit, both sides must try to resolve the dispute informally for at least 60 days
If you have a Dispute with MyFitnessPal, or MyFitnessPal has one with you, you must first try to resolve it informally through good-faith pre-suit and pre-arbitration discussions for no less than sixty days, communicating directly. To start the process, the party sends a written Notice describing the facts and circumstances, the specific relief sought and any supporting documentation. Your Notice must be mailed by certified or registered mail with proof of receipt to MyFitnessPal, Inc., 100 Congress Avenue, Suite 400, Austin, TX 78701, Attn: Legal. MyFitnessPal will send any Notice to you at your last-used billing address or the billing or shipping address in your online profile.
Supporting quotations
If you have a Dispute against MyFitnessPal or if MyFitnessPal has a Dispute against you, you and MyFitnessPal must first attempt to resolve the Dispute informally in order to try to resolve the Dispute faster and reduce costs for both parties. You and MyFitnessPal agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days.
To commence the Informal Dispute Resolution Process, you or MyFitnessPal must send to the other Party a written notice of Dispute (“Notice“) describing the facts and circumstances of the Dispute and the specific relief sought and including any supporting documentation. Your Notice must be mailed via certified or registered mail with proof of receipt to us at:
MyFitnessPal, Inc. 100 Congress Avenue, Suite 400 Austin, TX 78701 Attn: Legal
We will send any Notice to you at your last-used billing address or the billing and/or shipping address in your online profile.
Qualifications & exceptions
Applies to Disputes in either direction.
Minimum of sixty days of good-faith discussions.
Your Notice must go by certified or registered mail with proof of receipt; MyFitnessPal's goes to your last-used billing address or the billing or shipping address in your online profile.
Legal Rights & Agreement Rules · Procedure
The informal process pauses deadlines and must be completed before arbitration or suit
The informal process is meant to let the party that receives a Notice make a fair, fact-based settlement offer if it chooses to. The statute of limitations and any filing-fee deadlines for a Dispute are tolled while the Informal Dispute Resolution Process runs. If MyFitnessPal asks for a telephone conference as part of the process, you agree to participate personally, with your counsel if you have one. Completing the process and the expiration of the sixty-day period is an express condition precedent to serving an Arbitration Demand or otherwise starting a lawsuit (where the Arbitration Agreement does not apply). Any action started in arbitration or court without first exhausting the process is defective and subject to dismissal at the cost of the party found to have started it prematurely. Elsewhere the Terms treat a Dispute as commenced for time-limit purposes when the Notice is sent.
Supporting quotations
The Informal Dispute Resolution Process is intended to allow the party who has received a Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing-fee deadlines for a Dispute shall be tolled for the duration of the Informal Dispute Resolution Process.
Should MyFitnessPal request a telephone conference with you in an effort to resolve your Dispute as part of this process, you agree to personally participate (with your counsel if you are represented).
Completion of the Informal Dispute Resolution Process and expiration of the sixty (60) day period shall be an express condition precedent to either Party serving an Arbitration Demand (defined below) or otherwise initiating a lawsuit (should the Arbitration Agreement below not apply).
You and MyFitnessPal agree that any action commenced in arbitration or court without first exhausting the Informal Dispute Resolution Process shall be defective and subject to dismissal at the cost of the Party found to have prematurely commenced the action.
For purposes of this provision, a Dispute is considered commenced at the time the Notice in the Informal Dispute Resolution section is sent, as defined below.
You and MyFitnessPal agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days.
Qualifications & exceptions
Tolling covers the statute of limitations and filing-fee deadlines for the duration of the process.
The condition precedent is the completed process and expiration of the sixty-day period.
Dismissal costs fall on the party found to have started the action prematurely.
Legal Rights & Agreement Rules · Restriction or exception
You give up class, collective and representative actions and jury trials
You and MyFitnessPal agree that dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective or representative action, including joint or consolidated lawsuits or arbitrations of any kind. You also agree not to be a member of any putative or actual class in a class action brought by anyone else against MyFitnessPal and not to seek to become a class representative, and that in any action you start, the relief you seek will be confined to relief on your own behalf. Except as the Terms otherwise provide and to the fullest extent permitted by law, you and MyFitnessPal each waive the right to a jury trial and to litigate disputes in state or federal courts of general jurisdiction. Together these terms are called the Class Action Waiver.
Supporting quotations
YOU AND MYFITNESSPAL AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against MyFitnessPal, nor will you seek to become a class representative. You further agree that in any action you initiate against MyFitnessPal, any relief you seek will be confined to relief on your own behalf.
Except as these Terms otherwise provide and to the fullest extent permitted by law, you and MyFitnessPal acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.
Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”
Qualifications & exceptions
Applies to dispute resolution proceedings between you and MyFitnessPal.
The jury and court-litigation waiver applies except as the Terms otherwise provide and to the fullest extent permitted by law.
You agree not to be a member of any class in a class action brought by anyone else against MyFitnessPal.
Legal Rights & Agreement Rules · Restriction or exception
Disputes are resolved by binding individual arbitration under the Federal Arbitration Act
You and MyFitnessPal agree that disputes will be resolved through binding individual arbitration rather than in court. To the maximum extent permitted by law, disputes arising out of or related to your use of the Services are resolved by binding arbitration under the Federal Arbitration Act, which governs interpretation and enforcement of the Arbitration Agreement. By agreeing to arbitration, neither side limits any statutory or common-law rights or remedies it would have had in court.
Supporting quotations
You and MyFitnessPal agree that DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the related terms that follow, shall be referred to as the “Arbitration Agreement.”
To the maximum extent permitted by applicable law, you and MyFitnessPal agree that any disputes arising out of or related to your use of the Services will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this Arbitration Agreement.
By consenting to arbitration, you and MyFitnessPal do not limit in any way either Party’s statutory or common law rights or potential remedies to which either Party would be entitled were a dispute being heard in a court.
Qualifications & exceptions
Applies to the maximum extent permitted by applicable law.
The Terms provide exceptions elsewhere: a 30-day opt-out, court carve-outs and a mass-filing opt-out above 300 disputes.
Legal Rights & Agreement Rules · Procedure
The AAA runs the arbitration and the arbitrator decides whether it applies
Any arbitration is heard and administered by the American Arbitration Association under its Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date the action begins. The AAA rules and demand form are available at adr.org. You and MyFitnessPal give the arbitrator(s) exclusive authority to resolve any dispute about the interpretation, applicability or enforceability of the Terms or the formation of the contract, including whether a dispute about the Terms being void or voidable is arbitrable. The arbitrator decides, under the applicable rules, all issues about filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence and criteria for any Arbitration Demand, Answer and other claims, and issues a reasoned award.
Supporting quotations
Any arbitration shall be heard in and administered by the American Arbitration Association (AAA) and be governed by the AAA Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date such action is commenced.
You and MyFitnessPal empower the arbitrator(s) with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of the MyFitnessPal Terms or the formation of this contract, including the arbitrability of any Dispute that all or any part of the MyFitnessPal Terms are void or voidable.
The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.
Qualifications & exceptions
Rules in effect on the date the action is commenced apply.
The delegation covers interpretation, applicability, enforceability and formation of the Terms, including arbitrability.
Not stated here
The AAA rules are not part of this text, so what they provide on fees, location or procedure is not described here.
Legal Rights & Agreement Rules · Restriction or exception
After an arbitration is filed you cannot move it to small claims; arbitration information stays confidential
You and MyFitnessPal opt out of Rule 9 of the AAA Consumer Arbitration Rules (Small Claims Option for the Parties) and waive the right to return any Dispute to small claims court at any time after an Arbitration Demand is filed under the AAA rules. Confidential information of either party disclosed during the arbitration, whether in documents or orally, may not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the award, and any permitted court filing of confidential information must be made under seal to the furthest extent permitted by law.
Supporting quotations
You and MyFitnessPal agree to opt out of Rule 9 of the Consumer Arbitration Rules, Small Claims Option for the Parties, and waive the right to return any Dispute to Small Claims Court at any time after the filing of an Arbitration Demand under the applicable AAA rules.
You and MyFitnessPal agree that confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Qualifications & exceptions
The small claims waiver applies after an Arbitration Demand is filed; a direct small claims filing before that remains available under the carve-out stated earlier in the section.
Confidentiality binds both parties' confidential information disclosed during the arbitration.
Legal Rights & Agreement Rules · Procedure
Mass arbitrations follow the AAA's mass-arbitration rules plus extra procedures
If an arbitration falls within the AAA's definition of a Mass Arbitration, you and MyFitnessPal agree to be bound by the AAA's Mass Arbitration Supplementary Rules effective January 15, 2024, as amended afterwards, and the additional procedures in the Special Procedures for Mass Filings section apply, unless the parties jointly agree otherwise.
Supporting quotations
To the extent an arbitration falls within the AAA’s definition of a Mass Arbitration, the Parties agree to be bound by the procedures set forth in the AAA’s Mass Arbitration Supplementary Rules effective on January 15, 2024, as amended thereafter, and that the additional procedures set forth below shall apply, unless the Parties jointly agree otherwise.
Qualifications & exceptions
Applies only where an arbitration falls within the AAA's definition of a Mass Arbitration.
The parties can jointly agree otherwise.
Not stated here
The AAA's definition of Mass Arbitration and the supplementary rules are not part of this text.
Legal Rights & Agreement Rules · Procedure
Mass filings proceed in stages of 30 arbitrations, then mediation
In a Mass Arbitration, each side selects 15 Disputes (30 in total) to go forward first as individual arbitrations, each before a different single arbitrator unless the parties agree otherwise in writing. The remaining Disputes are not filed or treated as filed in arbitration, and no arbitration fees are assessed on them unless and until they are selected. Limitations periods and filing-fee deadlines are tolled from when the informal process begins (if the pre-arbitration Notice meets the requirements) until a Dispute is selected, settled, withdrawn, resolved or opted out of arbitration. After the first set, the parties promptly hold a global mediation of all remaining Disputes with a retired federal or state judge, and MyFitnessPal pays the mediator's fee. If Disputes remain, the same staged process continues with up to 30 individual Disputes at a time (15 chosen by each side) until all are resolved by settlement or arbitration.
Supporting quotations
The Parties shall each select 15 Disputes per side (30 Disputes total) to proceed in individual arbitrations as part of the first stage in a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the Parties agree otherwise in writing.
Any remaining Disputes shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Disputes unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.
Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Informal Dispute Resolution Process are initiated (so long as the pre-arbitration Notice complies with the requirements herein), until a given Dispute is selected to proceed as part of the staged process herein, or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Disputes with a retired federal or state court judge and MyFitnessPal shall pay the mediator’s fee.
If the remaining Disputes are not resolved at this time, the Parties will continue the same staged process, as set forth in this Special Procedures for Mass Filings section, by arbitrating a maximum of 30 individual Disputes at a time (15 Disputes selected by each Party), until the Parties are able to resolve all of the Disputes, either through settlement or arbitration.
Qualifications & exceptions
Applies only to arbitrations within the AAA's definition of a Mass Arbitration.
Tolling depends on the pre-arbitration Notice complying with the stated requirements.
MyFitnessPal pays the mediator's fee for the global mediation.
Legal Rights & Agreement Rules · User right or choice
With more than 300 mass disputes, either side may choose court instead
Notwithstanding the staged procedures, in Mass Arbitrations consisting of more than 300 Disputes in total, either party may opt out of arbitration and elect to have the Disputes heard in court. A court of competent jurisdiction can enforce the whole Dispute Resolution section and, if necessary, enjoin the mass filing, prosecution or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Dispute and a court finds them unenforceable as to it, the Dispute proceeds in a court of competent jurisdiction consistent with the rest of the Terms.
Supporting quotations
Notwithstanding the provisions herein, in Mass Arbitrations consisting of more than 300 Disputes total, either party may opt out of arbitration and elect to have the Disputes heard in court.
A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.
If these additional procedures apply to your Dispute, and a court of competent jurisdiction determines that they are not enforceable as to your Dispute, then your Dispute shall proceed in a court of competent jurisdiction consistent with the remainder of the MyFitnessPal Terms.
Qualifications & exceptions
The opt-out applies only in Mass Arbitrations of more than 300 Disputes in total, and either party may use it.
A court can enjoin mass filings and the assessment of arbitration fees.
Legal Rights & Agreement Rules · Restriction or exception
Claims must be started within one year or they are permanently barred
To the fullest extent permitted by law, any action arising out of or related to any Dispute must begin within one year after the cause of action accrues, otherwise the action is permanently barred. A Dispute is considered commenced when the Notice in the Informal Dispute Resolution section is sent. If a Dispute is filed in arbitration or court without first giving that Notice, which would be contrary to the Terms, it is deemed commenced when it is filed.
Supporting quotations
To the fullest extent permitted by applicable law, YOU AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT ACTION IS PERMANENTLY BARRED.
For purposes of this provision, a Dispute is considered commenced at the time the Notice in the Informal Dispute Resolution section is sent, as defined below. To the extent a Dispute is filed in arbitration or court without first providing such notice (which would be contrary to these Terms, as set forth herein), the Dispute is deemed commenced at the time of such filing.
Qualifications & exceptions
Applies to the fullest extent permitted by applicable law.
Commencement is the date the Notice is sent, or the date of filing if no Notice was given first.
Tolling during the informal process is covered by separate terms.
Legal Rights & Agreement Rules · User right or choice
You can opt out of arbitration within 30 days, but only by following the exact steps
You may opt out of the Arbitration Agreement within thirty days of the earlier of the date you first accept the Terms or the date you first agreed to any agreement with MyFitnessPal that contained an arbitration provision. The opt-out notice must be postmarked no later than the deadline and emailed to legal@myfitnesspal.com, must state that you do not agree to the Arbitration Agreement, and must include your name, address, phone number and email address. This is the only way to opt out, and failure to comply strictly with the procedure and deadline makes the notice null and void. If you opt out of arbitration, all other parts of the Arbitration Agreement continue to apply.
Supporting quotations
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS FROM THE EARLIER OF: (1) THE DATE YOU FIRST ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH MYFITNESSPAL THAT CONTAINED AN ARBITRATION PROVISION.
The opt-out notice must be postmarked no later than the applicable deadline and emailed to: legal@myfitnesspal.com. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address.
This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.
Qualifications & exceptions
Deadline is 30 days from the earlier of first accepting these Terms or first agreeing to an agreement with MyFitnessPal that had an arbitration provision.
Strict compliance with the procedure and deadline is required.
Opting out of arbitration leaves the rest of the Arbitration Agreement in effect.
Not stated here
The text says the notice must be 'postmarked' and 'emailed' but gives only an email address for the opt-out, not a postal address.
Legal Rights & Agreement Rules · Restriction or exception
If the class waiver fails, disputes go to New York courts instead of arbitration
A waiver of one provision is not a waiver of any other or of MyFitnessPal's right to require strict observance of every term. If any provision is found unenforceable or invalid it is severable and the rest stay in force. However, if the Class Action Waiver is found null and void as to an arbitration, the Arbitration Agreement subsection does not apply and the Dispute is subject to the state and federal courts located in New York, New York, and you and MyFitnessPal submit to their personal jurisdiction and venue, not binding arbitration. The Class Action Waiver is the rule that proceedings are individual only and not class, consolidated, collective or representative.
Supporting quotations
The waiver of any provision of the MyFitnessPal Terms shall not be considered a waiver of any other provision or of MyFitnessPal’s right to require strict observance of each of the terms herein. If any provision of the MyFitnessPalTerms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
However, if the Class Action Waiver is found to be null and void as to an arbitration, then the terms of the Arbitration Agreement subsection shall not apply and the Dispute shall be subject to the jurisdiction of the state and federal courts located in New York, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts, NOT by binding arbitration.
YOU AND MYFITNESSPAL AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION
Qualifications & exceptions
The fallback to court applies where the Class Action Waiver is found null and void as to an arbitration.
The rest of the Terms stay in force if another provision is severed.
Legal Rights & Agreement Rules · Restriction or exception
If a dispute is in court, it is still individual with no jury or class
If for any reason a Dispute proceeds in court instead of arbitration, you and MyFitnessPal waive any right to a jury trial, the Dispute proceeds only on an individual, non-class and non-representative basis, and neither of you may be a class representative or class member or take part in any class, representative, consolidated or private attorney general proceeding.
Supporting quotations
You and MyFitnessPal agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and MyFitnessPal waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor MyFitnessPal may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
Qualifications & exceptions
Applies whenever a Dispute proceeds in court rather than arbitration, for any reason.
Legal Rights & Agreement Rules · Restriction or exception
You warrant you are not in an embargoed country or on a U.S. restricted-party list
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a 'terrorist supporting' country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Supporting quotations
You represent and warrant that you are not (a) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties.
Legal Rights & Agreement Rules · Restriction or exception
Embargoed users are not authorized; local laws apply; the Services are not meant for places where use would be unlawful
Also for users outside the United States: if you use the Services from a location embargoed by the United States, or you are on the U.S. Treasury Department's 'Specially Designated Nationals' list, you are not authorized to access or use the Services. You agree to comply with all local laws, rules and regulations where you live and where you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction where that would be contrary to law or regulation or would subject MyFitnessPal or its affiliates to a registration requirement there.
Supporting quotations
(b) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (c) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or that which would subject MyFitnessPal or its affiliates to any registration requirement within such jurisdiction or location.
Legal Rights & Agreement Rules · Restriction or exception
Some provisions survive termination, including content, liability, dispute and indemnity terms
If the relationship or the Terms end, MyFitnessPal's other rights and remedies are not limited, and any provision that must survive to give proper effect to the intent and purpose of the Terms survives, including without limitation Sections 2 (Ownership and Use of Content), 4 (Health and Safety), 5 (Restrictions), 8 (No Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), 14 (Survival) and 15 (Miscellaneous). The list is not exhaustive. The Premium Services, Third Parties, Digital Millennium Copyright Act and International Terms sections are not named in the list, and the text does not say whether they survive.
Supporting quotations
If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 4 (Health and Safety), 5 (Restrictions), 8 (No Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), 14 (Survival), and 15 (Miscellaneous).
Qualifications & exceptions
The list uses 'including without limitation', so other provisions may also survive if needed to give the Terms effect.
The list refers to sections by number and title; the saved text does not print numbers on the section headings.
Not stated here
The text does not say whether the Premium Services, Third Parties, DMCA or International Terms sections survive termination.
No partnership or agency, and the Terms are the entire agreement
You and MyFitnessPal agree that no joint venture, partnership, employment or agency relationship exists between you as a result of the Terms or your use of the Services. The MyFitnessPal Terms are the entire agreement between you and MyFitnessPal about your use of the Services.
Supporting quotations
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the MyFitnessPal Terms or your use of the Services. The MyFitnessPal Terms constitute the entire agreement between you and us with respect to your use of the Services.
Qualifications & exceptions
The entire-agreement statement is about your use of the Services.
Legal Rights & Agreement Rules · Restriction or exception
Not enforcing a right is not a waiver; waivers must be written; invalid parts are trimmed
MyFitnessPal's failure to exercise or enforce a right or provision is not a waiver of it. If a court finds a provision invalid, the parties agree the court should try to give effect to their intentions as reflected in it, and the other provisions stay in force. No waiver by either party of any right, obligation, breach or default is a waiver unless set out in writing by the waiving party, and a waiver of one breach or default is not a waiver of any earlier or later one.
Supporting quotations
Our failure to exercise or enforce any right or provision of the MyFitnessPal Terms does not constitute a waiver of such right or provision. If any provision of the MyFitnessPal Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the MyFitnessPal Terms remain in full force and effect.
No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party. No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Legal Rights & Agreement Rules · Restriction or exception
You cannot transfer your account; MyFitnessPal can transfer its rights and use contractors
You may not assign, delegate or otherwise transfer your account or your obligations under the MyFitnessPal Terms without MyFitnessPal's prior written consent. MyFitnessPal may, in its sole discretion, transfer or assign all or part of its rights under the Terms, and may delegate or use third-party contractors to fulfill its duties and obligations under the Terms and in connection with the Services.
Supporting quotations
You may not assign, delegate, or otherwise transfer your account or your obligations under these MyFitnessPal Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these MyFitnessPal Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these MyFitnessPal Terms and in connection with the Services.
Qualifications & exceptions
Your transfer needs MyFitnessPal's prior written consent; MyFitnessPal's transfer of its rights is in its sole discretion.
Legal Rights & Agreement Rules · Context
Section headings do not define or explain any provision
Any heading, caption or section title in the MyFitnessPal Terms is inserted only for convenience and in no way defines or explains any section or provision.
Supporting quotations
Any heading, caption or section title contained in the MyFitnessPal Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.