Health & Fitness Disclaimer and Waiver

Please read this carefully. It explains the nature of the information Train Fondo provides, the risks of physical activity, and the legal terms you agree to by using the service. It is part of, and incorporated into, the Train Fondo Terms of Service.

1. Train Fondo provides general information, not medical or professional advice

Train Fondo, operated by Highmoon Works Inc. ("Highmoon", "we", or "us"), provides general fitness and nutrition information, tools, and automatically generated recommendations for informational and educational purposes only. It is not medical, dietetic, physical therapy, or other professional advice, and it is not a substitute for the advice, diagnosis, or treatment of a qualified healthcare professional. The training and nutrition recommendations the service generates are general information produced by an automated system based on the data you provide. They are not individualized medical or dietetic advice, and they are not a clinical judgment about you.

Any information the service provides relating to injuries, symptoms, energy availability, or general health is educational only and is not a medical interpretation, diagnosis, or treatment recommendation. Always seek the advice of a qualified professional for any question relating to your health, a medical condition, an injury, or your nutrition.

2. No professional relationship, and we are not a HIPAA covered entity

Using Train Fondo does not create a physician-patient, dietitian-client, therapist-client, or other professional or licensed relationship between you and us. We are not a healthcare provider, and we are not a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA).

3. Consult a physician and obtain clearance before exercising

Consult a qualified physician before you begin, change, or intensify any exercise or nutrition program, especially if you have any medical condition, injury, or cardiovascular risk factor, are pregnant, or have been inactive for a long period. By using the service you confirm that you are physically able to undertake the activity it suggests, or that you have obtained medical clearance to do so.

4. Emergency

If at any time you experience chest pain or pressure, unusual shortness of breath, palpitations, dizziness, or faintness, stop exercising immediately and seek emergency medical care. Do not disregard or delay seeking professional medical advice because of anything you receive through Train Fondo.

5. No guaranteed results

Individual results vary. We do not promise any specific fitness, performance, health, weight, or body-composition outcome. Your results depend on many factors outside our control, including your own effort, health, genetics, and consistency.

6. Assumption of risk

You understand that exercise and physical activity carry inherent risks, including the risk of muscular and joint injury, bone stress injury, illness, and, though rare, serious cardiac events, and that acting on the information Train Fondo provides involves these risks. You knowingly and voluntarily assume all such risks, whether known or unknown, arising from your physical activity and from your use of the information the service provides.

7. Release and waiver

To the maximum extent permitted by applicable law, you release, waive, and agree not to sue Highmoon Works Inc. and its officers, directors, employees, contractors, and agents for any claim, injury, loss, or damage arising out of or related to your use of the information Train Fondo provides or your physical activity, including any claim based on ordinary negligence.

This release does not apply to, and nothing in this document waives or limits, any liability that cannot be waived or limited under applicable law, including liability for gross negligence, recklessness, willful misconduct, or fraud, or for death or personal injury to the extent a waiver of such liability is prohibited by the law that governs the Terms of Service. Any mandatory rights you have as a consumer under the law of your country or state are not affected by this document.

8. Acknowledgment of voluntariness

You confirm that you have read and understood this Disclaimer and this Assumption of Risk, Waiver and Release, that you had the opportunity to seek independent advice, and that you agree to it freely. If you do not agree, do not use the service.

9. Governing law

This document is governed by the laws of the State of Delaware, consistent with the Train Fondo Terms of Service, without regard to conflict-of-laws rules.