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MEMBERSHIP TERMS AND CONDITIONS
http://www.FitnessAtYourHome.com and its affiliates, subsidiaries and parent companies
(collectively, “FitnessAtYourHome”, “us”, “we” or “our”) are pleased to provide you with
access to and use of our websites, mobile and device applications, content, streaming services,
products, services, goods, equipment, equipment interfaces, promotions, software, technology
and any other materials (collectively, “FitnessAtYourHome Services”) that we may provide.
PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS CONTAIN A
BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 9)
WHICH AFFECT YOUR RIGHTS RELATED TO DISPUTES YOU MAY HAVE WITH
FITNESSATYOURHOME. EXCEPT WHERE PROHIBITED BY LAW AND AS SET
FORTH IN SECTION 9, BY PURCHASING, ENGAGING WITH OR OTHERWISE
USING ANY FITNESSATYOURHOME SERVICES, YOU EXPRESSLY AGREE THAT
DISPUTES BETWEEN YOU AND FITNESSATYOURHOME WILL BE RESOLVED BY
BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT
TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE
ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
PLEASE IMMEDIATELY CEASE USE OF ANY FITNESSATYOURHOME SERVICES.
THE FITNESSATYOURHOME SERVICES ARE NOT INTENDED FOR ANYONE UNDER
THE AGE OF 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MAY ONLY ACCESS
AND/OR USE ANY FITNESSATYOURHOME SERVICES WITH THE INVOLVEMENT
AND APPROVAL OF YOUR PARENT OR GUARDIAN.
1. Contract Between You and FitnessAtYourHome; Privacy
Policy.
These Terms and Conditions of Use (“Terms”) and our Privacy Policy (available on the
homepage of our website) form a legally binding agreement between you and
FitnessAtYourHome, and govern your access and use, and our provision of, the
FitnessAtYourHome Services and any other technology, content, items or other materials
provided by or through FitnessAtYourHome, or otherwise on which these Terms are provided
(including via links). BY ACCESSING OR USING ANY FITNESSATYOURHOME
SERVICE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS (INCLUDING
WITHOUT LIMITATION SECTION 9 BELOW), OUR PRIVACY POLICY AND ANY
AMENDMENTS THERETO, AND YOU AGREE YOU ARE AT LEAST 13 YEARS OF AGE.
Supplemental terms and conditions may apply to certain FitnessAtYourHome Services, such as
rules for a particular contest, sweepstakes, competition, or other activity, or terms that may
accompany certain content, software or other materials accessible through the
FitnessAtYourHome Services, such as terms related to FitnessAtYourHome streaming services
(e.g., Codes of Conduct, etc.) (“Supplemental Terms”). Any Supplemental Terms will be
disclosed to you in connection with those other activities and will apply and govern specifically
over such activities.
2. Changes to These Terms.
We may in our sole and absolute discretion change these Terms or our Privacy Policy from time
to time to comply with laws or to meet our changing business requirements. These revisions shall
be effective for new users immediately upon being posted to the FitnessAtYourHome Services;
however, for existing customers, the applicable revisions shall be effective 30 days after posting
unless otherwise stated. If you do not agree with any of the changes, you must discontinue using
any and all FitnessAtYourHome Services. By continuing to use any FitnessAtYourHome
Services after the 30-day period referenced above in this Section, you expressly accept any
applicable changes. Please note our employees, customer service representatives, or other agents
are not authorized to modify any provision of these Terms, either verbally or in writing.
3. FitnessAtYourHome’s Intellectual Property; Limited
License to FitnessAtYourHome Services.
A. Ownership.
You acknowledge and agree that the FitnessAtYourHome Services, and any logos, names,
designs, text, graphics, software, content, files, materials, and any other intellectual property
rights contained therein, including without limitation any copyrights, patents, trademarks,
proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are
owned by FitnessAtYourHome, LLC or its affiliates, subsidiaries, parent companies, licensors or
suppliers. Furthermore, you acknowledge and agree that the source and object code of certain
FitnessAtYourHome Services (such as our mobile applications and online tools) and the format,
directories, queries, algorithms, structure and organization of the same are the intellectual
property, proprietary and confidential information of FitnessAtYourHome and/or its affiliates,
licensors and suppliers. You expressly agree that you will do nothing inconsistent with
FitnessAtYourHome’s ownership of the FitnessAtYourHome Services, and that you gain no
rights, title, or interest in or to any FitnessAtYourHome Services or any goodwill associated
therewith, except as stated in these Terms or any executed written agreement between you and
FitnessAtYourHome. In addition, except as expressly set forth in these Terms, you are not
conveyed any right or license by implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or other proprietary right of FitnessAtYourHome or any third party. Any
and all goodwill arising from your use of any FitnessAtYourHome Services shall inure solely to
the benefit of FitnessAtYourHome.
B. Limited License.
For any FitnessAtYourHome Services which enable you to use any software, content, or other
materials owned or licensed by us only after you become validly authorized by us, we grant you
a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access
and use the specific FitnessAtYourHome Services, and any related software, content, or other
materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
C. Restrictions.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any
content protection system, digital rights management technology, user and/or country limitations
or any other technology used with any FitnessAtYourHome Services; (ii) decompile, reverse
engineer, disassemble or otherwise reduce any FitnessAtYourHome Services to a humanreadable
form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other
proprietary notices in or on the FitnessAtYourHome Services; (iv) access or use any
FitnessAtYourHome Services in an unlawful or unauthorized manner or in a manner that
suggests an association with our content, products, services or brands, unless you have an
executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell,
reproduce, distribute, republish, download, publicly perform, display, post, transmit, create
derivative works of, or exploit any FitnessAtYourHome Services or any part thereof, except as
expressly authorized in these Terms or as part of the FitnessAtYourHome Services provided to
you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or
damage any FitnessAtYourHome Services or connected network, or interfere with any person or
entity’s use or enjoyment of any FitnessAtYourHome Services; (vii) access, monitor, or copy
any element of the FitnessAtYourHome Services using a robot, spider, scraper or other
automated means or manual process without our express written permission; or (viii) sell, resell,
or make commercial use of the FitnessAtYourHome Services, unless you have an executed
agreement with us that expressly allows for such activity. You may not access or use any
FitnessAtYourHome Service in violation of United States export control and economic sanctions
requirements. By accessing or otherwise using any services, content or software through any
FitnessAtYourHome Services, you represent and warrant that: (ix) your access to and use of the
FitnessAtYourHome Services, or any content or software therein, will comply with any and all
requirements in these Terms; (x) you are not located in a country that is subject to a U.S.
government embargo, or that has been 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; and (xi) you will comply with all applicable local, national, and international
laws, rules, regulations and ordinances in connection with your use of any FitnessAtYourHome
Services and our websites.
D. Third Party Services and Content.
Certain FitnessAtYourHome Services may integrate, be integrated into, or be provided in
connection with third-party websites, services, applications, tools, interfaces, content, and/or
materials (“Third-Party Services”). We do not review or control any Third-Party Services. We
additionally make no claim or representation regarding, and accept no responsibility for, the
quality, content, nature, or reliability of Third-Party Services accessible from our websites, apps,
software or any other element of the FitnessAtYourHome Services. There is no implied
affiliation, endorsement or adoption by FitnessAtYourHome of these Third-Party Services, and
we shall not be responsible for any content provided on or through these Third-Party Services.
You should read the terms of use and privacy policies that separately apply to these Third-Party
Services.
Certain opinions, advice, statements, or other information, including without limitation, food,
nutrition and exercise data, may be made available by third parties through or in connection with
the FitnessAtYourHome Services (“Third-Party Content”). This Third-Party Content belongs
to the respective authors or providers of the applicable Third-Party Content and these authors and
providers are solely responsible for the Third-Party Content they provide in connection with the
FitnessAtYourHome Services. FITNESSATYOURHOME DOES NOT: (I) GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT
ON ANY FITNESSATYOURHOME SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT
RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE
OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY
CONTENT. UNDER NO CIRCUMSTANCES WILL FITNESSATYOURHOME BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE
ON THIRD-PARTY CONTENT POSTED ON THE FITNESSATYOURHOME SERVICES
OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE
FITNESSATYOURHOME SERVICES.
E. App Providers.
If you access any FitnessAtYourHome Service using an Apple iOS or other third-party device,
you acknowledge that each of those third-party companies, such as Apple Inc. (each, “App
Provider”), will not be responsible for any damages arising out of the failure of a
FitnessAtYourHome Service to operate as intended.
When accessing any FitnessAtYourHome Services by or through an App Provider, you
acknowledge and agree that: (i) these Terms are concluded between you and
FitnessAtYourHome, and not with the App Provider, and that we are solely responsible for any
FitnessAtYourHome Services (such as mobile applications), and not the App Provider; (ii) the
App Provider has no obligation to furnish any maintenance and support services with respect to
any FitnessAtYourHome Services; (iii) in the event of any failure of the FitnessAtYourHome
Services to conform to any applicable warranty: (a) you may notify the App Provider and the
App Provider will refund the purchase price for the FitnessAtYourHome Services to you (if
applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have
no other warranty obligation whatsoever with respect to the FitnessAtYourHome Services; and
(c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for
addressing any claims you have or any claims of any third party relating to any
FitnessAtYourHome Services or your possession and use of the FitnessAtYourHome Services,
including without limitation: (d) product liability claims; (e) any claim that the
FitnessAtYourHome Service fails to conform to any applicable legal or regulatory requirement;
and (f) claims arising under consumer protection or similar legislation; (v) in the event of any
third party claim that the FitnessAtYourHome Service or your possession and use of the same
infringes that third party’s intellectual property rights, we will be responsible for the
investigation, defense, settlement and discharge of any such intellectual property infringement
claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third
party beneficiaries of these Terms as it relates to your license of the FitnessAtYourHome
Services, and that, upon your acceptance of these Terms, the App Provider will have the right
(and will be deemed to have accepted the right) to enforce these Terms against you as a third
party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of
service when using the FitnessAtYourHome Services. As also mentioned in these Terms, you
represent and warrant that you are not located in a country that is subject to a U.S. government
embargo, or that has been 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.
F. Disclaimer of Warranties.
YOU ACKNOWLEDGE AND AGREE THE FITNESSATYOURHOME SERVICES,
INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES,
WEBSITES, APPLICATIONS, HEALTH, FITNESS, NUTRITION AND WELLNESS
CONTENT AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE
PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND
OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES
OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,
CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE
FITNESSATYOURHOME SERVICES, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME,
ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE
OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE
FITNESSATYOURHOME SERVICE WILL MEET YOUR REQUIREMENTS OR THAT
THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO
GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS
GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR
OBTAINED THROUGH USE OF ANY FITNESSATYOURHOME SERVICES. YOU AGREE
TO USE THE FITNESSATYOURHOME SERVICES AT YOUR SOLE RISK.
YOU WILL NOT HOLD FITNESSATYOURHOME OR ITS THIRD-PARTY SERVICE
PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR
ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE
FITNESSATYOURHOME SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS
OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE
FITNESSATYOURHOME SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS,
PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES
ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION,
INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD
PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR
PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE
AVAILABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT
THROUGH FITNESSATYOURHOME; PLEASE READ THE WARRANTIES INCLUDED
IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES
FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE
ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,
RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY
SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS)
DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR
WEBSITES.
G. Mobile Networks; Texting.
When you access any FitnessAtYourHome Services through a mobile network, such as one of
our mobile applications, or you sign up for our text message programs, your network or roaming
provider’s messaging, data and other rates and fees may apply. Not all FitnessAtYourHome
Services may work with your network provider or device.
When you sign up to receive text messages from us, you acknowledge and agree you will receive
such text messages using an autodialer to the number you provide, and that your consent for us to
send you text messages is not a condition of purchasing any FitnessAtYourHome Services. Not
all carriers may be included within our text messaging programs. You are free to opt-out of
receiving text messages from us at any time. Please see any additional instructions provided to
you at the time you sign up.
4. Your Content and Account.
H. User Generated Content.
The FitnessAtYourHome Services may allow you and users of our websites to communicate,
submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video,
media, chats, personally identifiable information (including health, wellness and nutritional
data), feedback about our products and services, testimonials, success stories, or other content
(“User Generated Content”). User Generated Content that you submit through any
FitnessAtYourHome account, or any other FitnessAtYourHome Services will be stored,
maintained and used by FitnessAtYourHome in accordance with our Privacy Policy. You
acknowledge certain types of User Generated Content that you submit, such as chats, photos,
reviews, and message board entries, may be accessed and viewed by the public.
You may not submit or upload User Generated Content that is illegal, infringing, false,
defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic,
negative or otherwise offensive or that harms or can reasonably be expected to harm any person
or entity, whether or not such material is protected by law, as determined by
FitnessAtYourHome in its sole and absolute discretion. We have the right, but not the obligation,
to monitor, screen, post, remove, modify, store and review User Generated Content or
communications you submit, at any time and for any or no reason, including to ensure that the
User Generated Content or communication conforms to these Terms, without prior notice to
you.
You represent and warrant that your User Generated Content conforms to these Terms and that
you own or have the necessary rights and permissions, without the need for payment to or
consent from any other person or entity, to use and exploit, and you fully and unconditionally
authorize us to use and exploit, your User Generated Content in all manners and mediums
(including commercial use) desired by FitnessAtYourHome, including as contemplated by these
Terms. You agree to indemnify and hold us and our affiliates, parent companies, and
subsidiaries, and each of their respective employees, officers, and directors harmless from any
demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any
third party arising out of or in connection with our use and exploitation of your User Generated
Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to
the User Generated Content against us or our licensees, distributors, agents, representatives and
other authorized users, and agree to procure the same agreement not to enforce from others who
may possess such rights. You waive any right to injunction or other equitable relief in connection
with FitnessAtYourHome’s use or exploitation of User Generated Content.
We will not be responsible or liable to any third party for any User Generated Content. We are
not responsible for, and do not endorse or guarantee, the opinions, views, advice or
recommendations posted or sent by other users of the FitnessAtYourHome Services, or any
authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect
the attitudes and opinions of FitnessAtYourHome, and any views and opinions expressed on our
websites shall not be attributed to or otherwise endorsed by FitnessAtYourHome.
I. License to Your User Generated Content.
We do not claim ownership to your User Generated Content; however, you grant us a perpetual,
fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under
all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other
intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit,
distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative
works of, publicly perform, make available and otherwise exploit such User Generated Content,
in whole or in part, in any and all media and channels now known or hereafter devised (including
in connection with the FitnessAtYourHome Services and on third-party sites and platforms such
as Facebook, YouTube and Twitter), in any number of copies and without limit as to time,
manner and frequency of use, without further notice to you, with or without attribution, and
without the requirement of permission from or payment to you or any other person or entity. This
includes without limitation our use of your User Generated Content in connection with any
advertising, product packaging, printed publications, presentations, promotional materials, events
and associated marketing materials, television and digital commercials, videos, social media
websites, applications, or on our websites or in any other commercial manner. We are not,
however, obligated to use your User Generated Content.
To the extent that we authorize you to create, post, upload, distribute, publicly display or
publicly perform User Generated Content that requires the use of our copyrighted works, we
grant you a limited, non-transferable, non-exclusive license to create a derivative work using our
copyrighted works as required for the sole purpose of creating the materials, provided that such
license shall be conditioned upon your assignment to us of all rights in the work you create. If
such rights are not assigned to us, your license to create derivative works using our copyrighted
works shall be null and void.
J. Public Forums.
Certain FitnessAtYourHome Services include public forums, which include without limitation,
discussion forums, message boards, blogs, chat rooms or instant messaging features. You
acknowledge these public forums are for public and not private communications. You further
acknowledge that any User Generated Content you upload, submit, post, transmit, communicate,
share or exchange by means of any public forum may be viewed on the Internet by the general
public, and therefore, you have no expectation of privacy with regard to any such submission or
posting. You are, and shall remain, solely responsible for the User Generated Content you
upload, submit, post, transmit, communicate, share or exchange by means of any public forum
and for the consequences of submitting or posting same. You acknowledge and agree
FitnessAtYourHome is not responsible for any content posted on public forums by any third
parties, including without limitation any content which you may find illegal, infringing, false,
defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic,
negative, offensive or harmful.
K. User Conduct.
You must only use the FitnessAtYourHome Services for lawful purposes and in compliance with
any applicable Codes of Conduct, and you must not use them in a way that infringes the rights of
anyone else or that restricts or inhibits anyone else's enjoyment of any FitnessAtYourHome
Services. In using any FitnessAtYourHome Services, and in particular, our websites, you
expressly acknowledge you are prohibited from, and agree that you will not without our prior
express written consent:
i. copy, reproduce, or improperly use, post or access any content on the
FitnessAtYourHome Services;
ii. modify, distribute, or re-post any content on the FitnessAtYourHome Services for any
purpose;
iii. use the content on the FitnessAtYourHome Services for any commercial exploitation
whatsoever;
iv. disrupt or interfere with the security of, or otherwise abuse, the FitnessAtYourHome
Services, or any services, system resources, accounts, servers, or networks connected to
or accessible through the FitnessAtYourHome Services or affiliated or linked sites;
v. access content, data or portions of the FitnessAtYourHome Services which are not
intended for you, or log onto a server or account that you are not authorized to access;
vi. attempt to probe, scan, or test the vulnerability of the FitnessAtYourHome Services,
including websites, applications, or any associated system or network, or breach security
or authentication measures without proper authorization;
vii. access any FitnessAtYourHome Services or our websites through any automated means,
such as “robots,” “spiders,” or “offline readers”;
viii. interfere or attempt to interfere with the use of the FitnessAtYourHome Services by any
other user, host or network, including, without limitation by means of submitting a virus,
overloading, "flooding," "spamming," "mail bombing," or "crashing";
ix. use any data mining, “scraping”, web crawling, robots, or similar data gathering and
extraction methods on the FitnessAtYourHome Services;
x. harass, “stalk”, disrupt or interfere with any other user's enjoyment of the
FitnessAtYourHome Services or affiliated or linked sites;
xi. upload, post, or otherwise transmit through or on the FitnessAtYourHome Services any
viruses or other harmful, disruptive, or destructive files;
xii. use, frame, or utilize framing techniques to enclose any FitnessAtYourHome trademark,
logo, or other proprietary information (including the images found at our websites, the
content of any text, or the layout/design of any page or form contained on a page) without
FitnessAtYourHome's express written consent;
xiii. use meta tags or any other "hidden text" utilizing a FitnessAtYourHome name,
trademark, or product name without FitnessAtYourHome's express written consent;
xiv. deeplink to the FitnessAtYourHome Services, including our websites without
FitnessAtYourHome's express written consent;
xv. create or use a false identity on the FitnessAtYourHome Services, share your account
information, use another individual’s account information, or allow any person besides
yourself to use your account to access the FitnessAtYourHome Services;
xvi. harvest or otherwise collect information about FitnessAtYourHome users, including
email addresses and phone numbers;
xvii. download, “rip,” or otherwise attempt to obtain unauthorized access to any
FitnessAtYourHome Services, content or other materials; and
xviii. post any copyrighted material unless the copyright is owned by you.
L. Your Account; Passwords.
Certain FitnessAtYourHome Services permit or require you to create an account to enjoy the
services and benefits that we provide. You agree to provide and maintain accurate, current and
complete information for your accounts, including as applicable, your name, contact, and
payment information. You agree not to impersonate or misrepresent your affiliation with any
person or entity, including using another person’s username, password or other account
information, or another person’s name, image, photo or likeness, or if applicable, provide false
details for a parent or guardian. You agree that we may take steps to verify the accuracy of
information you provide.
We have adopted and implemented a policy that provides for the suspension or termination, in
appropriate circumstances and in our sole and absolute discretion, of the accounts of users who
violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for
offensive, abusive, or illegal conduct.
You are responsible for maintaining the confidentiality of your username and password, and you
are responsible for all activities under your account that you can reasonably control. You may
not share your password or other login information with any person; any use of your account by
any person other than yourself is grounds for suspension or termination of your account. You
agree to promptly notify us of any unauthorized use of your username, password or other account
information, or of any other breach of security that you become aware of involving your account
or the FitnessAtYourHome Services. You agree not to use the account, username or password of
any other account holder at any time. FitnessAtYourHome will not be liable for any loss that you
incur as a result of someone else using your password, either with or without your knowledge.
M. Member Public Profiles.
When you create an account with us, you may be asked to provide certain personal information,
such as your name and e-mail address. Some of this information may be publicly viewable by
others, such as other FitnessAtYourHome members or account holders.
FitnessAtYourHome relies on its members to provide current and accurate information, and we
do not, and cannot, investigate information contained in member public profiles.
FitnessAtYourHome does not represent, warrant or guarantee the accuracy of public profile
information, and hereby disclaims all responsibility or liability for any information provided by
members by means of public profiles or otherwise.
You are solely responsible for your interactions with other members. You acknowledge and
agree that FitnessAtYourHome does not (i) screen its members; (ii) inquire into the backgrounds
of its members; or (iii) review or verify the statements of its members, including without
limitation, information or representations contained in public profiles. FitnessAtYourHome does
not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and
you agree to exercise all precautions in your interactions with other members. Like all open
forums on the Internet or social media, you should always be careful about what you share in a
public forum, and in particular, you should never share your password, social security number or
any other personal information.
5. FitnessAtYourHome’s Products/Services; Websites;
Orders.
N. Our Guarantee.
Some of our products and services may carry a specific money back guarantee, return and/or
exchange policy starting from the date that the product or service is delivered or supplied to you.
Please review the information provided with your product/service for details regarding the terms
that apply to your product or service. For more information, please visit your profile or account
settings within the FitnessAtYourHome Services to utilize self-service options available to you.
Products that come with a money back guarantee will receive a refund of the purchase price, less
applicable shipping and handling, unless stated otherwise. In some cases, you may also be
responsible for paying to ship any products back to us. We will not be responsible for any loss or
damage to returned products that occur in transit. If returned products are lost or damaged in
transit, we reserve the right to charge you for, or not refund any amounts attributable to, any such
lost or damaged products. Should you experience any difficulty or delay in returning a product
and securing the proper refund, please visit your profile or account settings within the
FitnessAtYourHome Services to contact our friendly Customer Service.
O. Product and Service Descriptions, Price and Other Information.
We have taken reasonable precautions to ensure that all product descriptions, prices and other
information shown on our websites are correct and fairly described. However, when ordering
products or services through our websites, please note that:
i. FitnessAtYourHome reserves the right to not accept any orders if there is a material error
in the description of the product or service, or if the price advertised is incorrect;
ii. FitnessAtYourHome reserves the right to refuse or discontinue the supply of any product
or service to any customer, or change, suspend or discontinue any aspect of our websites
at any time in our sole and absolute discretion;
iii. all prices are displayed in United States or Canadian Dollars, unless expressly indicated
otherwise;
iv. packaging and contents may vary from that shown on our websites;
v. any weights, dimensions, and capacities shown on our websites are approximate only;
vi. when you place an order, we estimate the tax applicable to your order and include that
estimate in the total for your convenience (the final tax amount will be based on the thencurrent
rate as established by the applicable taxing authority, charged to your payment
card, and reflected in the order confirmation and package invoice we provide to you); and
vii. all items are subject to availability, and we will inform you as soon as reasonably
possible if any product or service you ordered is not available and whether we may offer
you an alternative of equal or higher quality and value.
Please also note that we may be required to change the terms of any products, goods or services
that we offer and/or you purchase. This includes without limitation changes to prices, taxes,
shipping and handling amounts, specifications, delivery times, and/or package contents. We will
provide you with prior notice of any changes, by posting a notice on our websites, sending an email
to you at the address you provided at the time of purchase, or by including a notice in any
products you receive on an automatic recurring or subscription basis. FitnessAtYourHome will
not incur any obligation as a result of such change. As a valued customer, you are always free to
cancel future orders at any time by visiting your profile or account settings within the
FitnessAtYourHome Services or contacting our friendly Customer Service. By continuing to
accept products, goods and/or services after we have notified you of a change to any terms, you
will be deemed to have accepted the change.
P. Order Processing.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may
result in your order being cancelled include system or typographical errors, inaccuracies in
product or pricing information or product availability, fairness among customers where supplies
are limited, or problems identified by our credit or fraud departments. We also may require
additional verification or information before accepting an order. We will contact you if any
portion of your order is cancelled or if additional information is required to accept your order. If
your order is cancelled after we have processed your payment but prior to delivery, we will of
course refund your payment.
Q. Taxes.
For purchases where sales or transaction tax is applicable you will see the tax calculated on the
checkout page before you are asked to confirm the purchase. Tax shown at checkout is an
estimate and the actual tax collected may differ once we process the order. We use commercially
reasonable efforts to calculate and remit the correct amount of tax required on each taxable
purchase, but we do not guarantee the accuracy of the amount of the tax represented as owed.
Minor errors may occur owing to the inability to accurately track multiple taxing districts, state
and local “tax holidays,” and timing of rate changes or the application of certain taxes to
categories of items we sell. As a result of any error, we may overcollect or undercollect your tax.
In consideration of our allowing you access to the use of the FitnessAtYourHome Services, and
in collecting and remitting taxes required on your purchases, you hereby waive your right to
claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us,
our officers, directors, employees, agents and representatives, harmless from and against any
claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred as a
result of our error in calculating the taxes you owe for your purchases.
If you purchase any FitnessAtYourHome Services on third party platforms, such as Apple, those
third parties may be responsible for collecting and remitting applicable taxes to the taxing
authorities.
R. Your Personal and Payment Information.
When you provide any information to us for any reason, such as to sign up for an offer, use our
mobile applications, or purchase our FitnessAtYourHome Services, you agree to only provide
true, accurate, current, and complete information. By providing any credit card or other payment
card information to us, you represent that such payment information is correct, and belongs to
you or you have the authority to use such payment card. In the case of e-mail, you must provide
an accurate e-mail address that is registered to you. You are responsible for promptly updating
your information with any changes, especially to keep your billing information current. You
must promptly notify us if your payment card is cancelled (for example, for loss or theft). To
help keep your account current and prevent service interruption, you acknowledge
FitnessAtYourHome may update your payment card information on file when it is set to expire
or based on updates it receives from the bank that issues your payment card. You agree that your
placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of
Frauds, and no further writing is required. If you are accessing, using and/or purchasing any
FitnessAtYourHome Services on behalf of a company, you represent you have sufficient
authority to bind that company to these Terms.
S. Shipping.
We will take commercially reasonable efforts to ship your products within the timeframe we
provided to you at the time of purchase. Please see the tracking information provided with your
order confirmation for approximate delivery timeframes.
Please note that any timeframes we provide are good faith estimates and may be subject to
change. We will take commercially reasonable steps to inform you in writing of any shipping
delays that extend beyond the timeframe we provided at the time of purchase. Product
availability may be limited in some cases and not available for immediate shipment. In that case,
products may be delivered in separate shipments depending on availability. For example, if your
purchase included two or more items, we may ship those products which are in stock, and later
ship the other products to you when they become available. You may always cancel or modify
your order due to a delay in shipping by visiting your profile or account settings within the
FitnessAtYourHome Services or contacting our friendly Customer Service. We will not be liable
beyond refunding your purchase price if there is a delay in delivering your product(s). We are
not responsible for shipping delays due to factors outside of our reasonable control, such as bad
weather, natural disasters, strikes, protests, government disruptions, etc.
Since we are not authorized to sell our products in all jurisdictions, we may reject certain
purchases based on the shipping address provided. Please note we reserve the right to set
appropriate shipping terms for shipments to certain foreign jurisdictions that are fulfilled from
U.S. warehouse locations.
T. IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED
PRODUCTS.
We offer certain products and services on an automatic or subscription basis, so you can enjoy
all the benefits of our products or services on a continuous basis. If you choose this option at the
time of your purchase, you agree such products/services will automatically renew at the
frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual
basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your
subscription will automatically renew, and unless and until you cancel, you authorize us to
charge your payment card for the products/services you continue to purchase, plus applicable
shipping and handling, and taxes. If you purchased a subscription with a free trial period, you
authorize us to charge your payment card when the free trial period ends, unless you cancel your
subscription before the free trial period ends, and you will not receive a notice from us that your
free trial period has ended. The charges will typically occur on or around the same day of the
month as your initial purchase, although some charges may be delayed for business or legal
reasons. Physical products will be delivered to the address you provided during your initial
purchase. Certain subscription services, such as any digital-only streaming subscriptions are not
physical products, and thus, are not shippable. Your automatic subscription will continue until
you or FitnessAtYourHome cancels your order. If there are any changes to your subscription
terms, such as pricing, frequency, date of charge or any other items, we will take commercially
reasonable efforts to inform you in writing of such change. You may modify or cancel your
subscription at any time by visiting your profile or account settings within the
FitnessAtYourHome Services or contacting our friendly Customer Service. Any modifications or
cancellation of your subscription must be received by us at least three (3) days prior to the next
scheduled payment/ship date in order to take effect for that period. If you cancel less than three
(3) days prior to the automatic renewal day for your subscription, your subscription will continue
as scheduled and your cancellation will take effect in the following period.
U. International Orders.
Certain FitnessAtYourHome Services may not be approved for sale in your jurisdiction. While
FitnessAtYourHome may choose to accept orders for the purchase of its products from nonresidents
of the United States or Canada, the acceptance of such orders and the sale of such
products will only be based on the following conditions precedent:
1. you agree that the purchase of any FitnessAtYourHome products by you, as a nonresident
of the United States, shall be (a) ex works FitnessAtYourHome's facilities
(which may exist anywhere in the world) per Incoterms 2010, with all title risk and loss
in the products passing to you from such facility and (b) for your own personal use only
and not for further resale or distribution in any manner;
2. you hereby expressly authorize and direct FitnessAtYourHome to load and ship the
purchased products to you to your designated ship to destination, and to contract on your
behalf with a common carrier or courier company for that purpose;
• you are the principal importer of record, responsible for ensuring any products can be
lawfully imported into your country, and will undertake responsibility for any and all
applicable taxes, shipping, customs clearance, duties and import requirements from
FitnessAtYourHome's facilities to your foreign ship to destination; and
1. the United Nations Convention on the International Sale of Goods shall not apply to any
purchase or sale, and FitnessAtYourHome expressly opts out of such application.
For products shipped outside the United States, please note that some FitnessAtYourHome
Services, including without limitation, exercise programs, content, manuals, instructions and
safety warnings may not be localized in destination country languages; and the products, goods,
services and accompanying materials may not be designed in accordance with any non-United
States destination country standards, specifications, and labeling requirements. In those cases,
you expressly accept those FitnessAtYourHome Services in the English language and as they are
sold in the United States.
V. FitnessAtHome Services.
FitnessAtYourHome memberships are not transferable and may only be used by the individual
who signed up for the account. If you cancel your membership, you will no longer have access to
any FitnessAtYourHome content, unless otherwise stated.
6. We Want To Keep You Safe! Important Notice About Our
Fitness and Nutrition Content.
W. The FitnessAtYourHome Services Do Not Constitute Medical Advice or Other
Professional Healthcare Advice. Although FitnessAtYourHome provides its products and
services with your health and safety in mind, each individual has their own limitations
and it is therefore critical that you consult your physician or other licensed healthcare
provider for necessary medical or appropriate care, follow all safety and other
instructions provided by FitnessAtYourHome, and obtain appropriate authorization
before accessing or using any FitnessAtYourHome Services, especially if you are prone
to injuries, are pregnant or nursing, are under 18 years of age, or have any other unique or
special medical conditions. ALL FITNESSATYOURHOME SERVICES ARE
PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY
AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE
CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE
PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS,
TREATMENT OR GUARANTEE. The information made available on or through the
FitnessAtYourHome Services should not be relied upon when making medical or other
important healthcare decisions. FITNESSATYOURHOME DOES NOT PROVIDE
CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY
FITNESSATYOURHOME IN ANY FITNESSATYOURHOME PRODUCTS OR
SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED
MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE
SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP
RESOURCES. YOUR USE OF ANY FITNESSATYOURHOME SERVICES DOES
NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR
RELATIONSHIP BETWEEN YOU AND FITNESSATYOURHOME OR YOU AND
ANY PERSON CERTIFIED THROUGH FITNESSATYOURHOME.
Any individual results using FitnessAtYourHome Services may vary. Exercise and proper diet
are necessary to achieve and maintain weight loss and muscle definition. The testimonials
featured on our websites may have used more than one FitnessAtYourHome product, nutrition
program and/or supplements, or extended the program to achieve their successful results.
X. Nutrition Information. Certain FitnessAtYourHome Services, such as nutrition plans and
related information provided with our fitness programs, provide nutrition, food, caloric
and other related information designed to help our customers eat healthy to help them
reach their health and wellness goals. While any nutrition information we may provide is
designed to safely align with our related exercise regimens, you must consult your
physician or other licensed healthcare provider before beginning any nutrition plan or
altering any dietary regimen, especially if you have any unique or special medical needs
or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast
feeding. The FitnessAtYourHome Services are not a substitute for professional care. If
you have or suspect you may have a medical or psychological problem, or a nutritional
deficiency or dietetic condition, you should consult your medical doctor, psychologist or
nutritionist, as appropriate.
Y. Metrics, Values and Figures Are Estimates Only. Please remember that any metrics,
values and figures presented or displayed on or within the FitnessAtYourHome Services
are estimates only and may be inaccurate. This includes without limitation nutritional
values, such as calorie, fat, protein, fiber, and other related values, and equipment-related
values, such as heart rate, cadence, resistance and any other related values. You must
only use such metrics, values and figures for general reference only and always consult
your physician or other licensed healthcare provider for necessary or appropriate care and
advice.
Z. Safety Warnings. FitnessAtYourHome provides safety warnings, along with care and use
instructions for certain exercises, equipment, products and services. You must always
carefully read and follow all such warnings and instructions prior to beginning any
exercise, or use of any equipment, products or services. Failure to read and follow any
applicable warnings and instructions could result in serious injury and/or death to you
and others.
AA. Age Restrictions. You must always adhere to any minimum age restrictions and
limitations related to any FitnessAtYourHome Services, including without limitation,
equipment and connected fitness bikes.
BB. Assumption of Risk. You expressly acknowledge and agree that your access, use
and/or involvement with any FitnessAtYourHome Services (including without limitation,
exercise, nutritional, and equipment and connected fitness bikes/products), or individuals
affiliated with FitnessAtYourHome may involve potentially dangerous and physical
activities that may lead to personal and/or bodily injury, death, temporary or permanent
disability, loss of services, loss of consortium, or damage to or loss of property or
privacy. You hereby acknowledge and willingly accept these risks and agree to
unconditionally release and hold harmless FitnessAtYourHome from and against all
claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of
or related to your access, use and/or involvement with any FitnessAtYourHome Services.
7. Piracy.
Counterfeit products hurt us all. While it causes immeasurable harm on a global basis—such as
funding terrorism and organized crime, causing identity theft, and contributing to lost business
and jobs—it also significantly harms companies, governments, and consumers.
FitnessAtYourHome is a victim of this problem and suffers from the illegal stealing,
manufacturing, importing and selling of counterfeit FitnessAtYourHome products. Although we
are waging the war against counterfeit products, we need your help! If you ever learn of any
counterfeit activity, please let us know by sending an email to
_________________________________
8. Copyright Policy and Copyright Agent.
It is FitnessAtYourHome's policy to respect the copyright and other intellectual property rights
of others. FitnessAtYourHome may remove content from its websites or other properties that
appears to infringe the copyright or other intellectual property rights, including moral rights, of
others. In addition, FitnessAtYourHome may terminate access by users who appear to infringe
the copyright or other intellectual property rights of others. Further, FitnessAtYourHome
complies with the Digital Millennium Copyright Act.
If you believe that content available on or through the online FitnessAtYourHome Services, or
accessible via links posted on online FitnessAtYourHome Services, infringes your copyright,
you or your authorized agent may submit a notification to us, as set forth in this policy. Please
send a notification including all of the information described below (“Notification”) to our
copyright agent by mail or e-mail using the contact information provided below.
You may be held liable for damages and attorneys’ fees if you make any material
misrepresentations in a Notification. Therefore, if you are not sure whether content located on or
accessible via a link posted on the online FitnessAtYourHome Services infringes your copyright,
you should contact an attorney.
A Notification must include the following:
A. Identification of the copyright claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single Notification, a representative list of
works.
B. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and information reasonably sufficient to permit us to locate the
material (preferably a link to the material).
C. Information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an electronic mail address at which you may be
contacted.
D. A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the rights owner, its agent, or the law.
E. The physical or electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
F. A statement that the information in the Notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Please direct Notifications via email to: ______________________________, or by mail to:
FitnessAtYourHome, LLC
Upon receipt of a substantially compliant Notification regarding an alleged copyright violation,
we will respond expeditiously to remove, or disable access to, the material that is claimed to be
infringing. We will also terminate in appropriate circumstances users who are willful or repeat
infringers.
9. DISPUTES, BINDING INDIVIDUAL ARBITRATION,
AND WAIVER OF CLASS ACTIONS AND CLASS
ARBITRATIONS.
CC. Disputes. The terms of this Section shall apply to all Disputes between you and
FitnessAtYourHome. For the purposes of this Section, “Dispute” shall mean any dispute,
claim, or action between you and FitnessAtYourHome arising under or relating to any
FitnessAtYourHome Services, FitnessAtYourHome’s websites, these Terms, or any other
transaction involving you and FitnessAtYourHome, whether in contract, warranty,
misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other
legal or equitable basis, and shall be interpreted to be given the broadest meaning
allowable under law. YOU AND FITNESSATYOURHOME AGREE THAT
“DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY
CLAIM OR CAUSE OF ACTION BY YOU OR FITNESSATYOURHOME FOR
(i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii)
COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK
INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in
these Terms, you agree that a court, not the arbitrator, may decide if a claim falls
within one of these four exceptions.
DD. Binding Arbitration. You and FitnessAtYourHome further agree: (i) to arbitrate
all Disputes between the parties pursuant to the provisions in these Terms; (ii) these
Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act
(9 U.S.C. §1, et seq.) in the U.S. or applicable provincial or territorial Arbitration Acts in
Canada governs the interpretation and enforcement of this Section; and (iv) this Section
shall survive termination of these Terms. ARBITRATION MEANS THAT YOU
WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING
AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award
you the same damages as a court sitting in proper jurisdiction could, and may award
declaratory or injunctive relief. In addition, in some instances, the costs of arbitration
could exceed the costs of litigation and the right to discovery may be more limited in
arbitration than in court. The decision of the arbitrator shall be final and enforceable by
any court with jurisdiction over the parties.
EE. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action
in the small claims court of your state, municipality, province or territory if the action is
within that court’s jurisdiction and is pending only in that court.
FF. Dispute Notice. In the event of a Dispute, you or FitnessAtYourHome must first send to
the other party a notice of the Dispute that shall include a written statement that sets forth
the name, address and contact information of the party giving it, the facts giving rise to
the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to
FitnessAtYourHome must be addressed to: FitnessAtYourHome, LLC,
________________________________________________________________(the
“FitnessAtYourHome Notice Address”). The Dispute Notice to you will be sent by
certified mail to the most recent address we have on file or otherwise in our records for
you. If FitnessAtYourHome and you do not reach an agreement to resolve the Dispute
within sixty (60) days after the Dispute Notice is received, you or FitnessAtYourHome
may commence an arbitration proceeding pursuant to this Section. Following submission
and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve
the Dispute before commencing arbitration.
GG. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU
AND FITNESSATYOURHOME AGREE THAT EACH PARTY MAY BRING
DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING
WITHOUT LIMITATION FEDERAL, STATE OR PROVINCIAL CLASS
ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE
ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN
ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN
ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL
AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, YOU AND
FITNESSATYOURHOME AGREE THAT NO DISPUTE SHALL PROCEED BY
WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF
ALL AFFECTED PARTIES.
HH. Arbitration Procedure. If a party elects to commence arbitration, the arbitration
shall be governed: (i) in the United States by the rules of AMERICAN ARBITRATION
ASSOCIATION (AAA) that are in effect at the time the arbitration is initiated Any
controversy or claim arising out of or relating to this contract, or the breach thereof, shall
be settled by arbitration administered by the American Arbitration Association in
accordance with its Commercial [or other] Arbitration Rules, and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. and
(ii) under the rules set forth in these Terms, except that AAA, as applicable, may not
administer any multiple claimant or class arbitration, as the parties agree that the
arbitration shall be limited to the resolution only of individual claims. All Disputes shall
be resolved by a single neutral arbitrator, and both parties shall have a reasonable
opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the
terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or
local court or agency, shall have exclusive authority to resolve all disputes arising out of
or relating to the interpretation, applicability, enforceability or formation of these Terms,
including, but not limited to, any claim that all or any part of these Terms is void or
voidable. Notwithstanding this broad delegation of authority to the arbitrator, a court may
determine the limited question of whether a claim or cause of action is for (i) trade secret
misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv)
trademark infringement or dilution, which are excluded from the definition of “Disputes”
as stated above. The arbitrator shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator’s award shall be binding on the
parties and may be entered as a judgment in any court of competent jurisdiction. You
may choose to engage in arbitration hearings by telephone. Arbitration hearings not
conducted by telephone shall take place in a location reasonably accessible from your
primary residence, ___________________, Ohio, for U.S. residents or Ottawa, Canada
for Canadian residents, at your option.
II. Initiation of Arbitration Proceeding. If either you or FitnessAtYourHome decide to
arbitrate a Dispute, we agree to the following procedure:
i. Write a Demand or Notice for Arbitration. The demand/notice must include a
description of the Dispute and the amount of damages and relief sought to be
recovered. You can find a copy of a Demand/Notice for Arbitration at THE
American Arbitration Association Website
ii. Send one copy of the Demand/Notice for Arbitration to the other party at the same
address as the Dispute Notice, or as otherwise agreed to by the parties.
JJ. Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that
explains the essential findings and conclusions on which an award, if any, is based.
During the arbitration, the amount of any settlement offer made by FitnessAtYourHome
or you shall not be disclosed to the arbitrator until after the arbitrator determines the
amount, if any, to which you or FitnessAtYourHome is entitled. The discovery or
exchange of non-privileged information relevant to the Dispute may be allowed during
the arbitration.
KK. Arbitration Fees. FitnessAtYourHome shall pay, or (if applicable) reimburse you
for, all AAA filing, administration, and arbitrator fees for any arbitration commenced (by
you or FitnessAtYourHome) pursuant to provisions of these Terms. You are responsible
for all additional costs that you incur in the arbitration, including without limitation, fees
for attorneys or expert witnesses.
LL. Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual
arbitration procedure and waiver of class and representative proceedings specified in
these Terms by sending a written letter to the FitnessAtYourHome Notice Address within
thirty (30) days of your initial assent to these Terms (including your first purchase of any
FitnessAtYourHome Service or use of our websites) that specifies: (i) your name; (ii)
your mailing address; and (iii) your request to be excluded from the final, binding
individual arbitration procedure and waiver of class and representative proceedings
specified in this Section. In the event that you opt-out consistent with the procedure set
forth above, all other terms shall continue to apply.
MM. Amendments to this Section. Notwithstanding any provision in these Terms to the
contrary, you and FitnessAtYourHome agree that if FitnessAtYourHome makes any
future amendments to the dispute resolution procedure and class action waiver provisions
(other than a change to FitnessAtYourHome’s address) in these Terms,
FitnessAtYourHome will notify you and you will have thirty (30) days from the date of
notice to affirmatively opt-out of any such amendments by sending a written letter to the
FitnessAtYourHome Notice Address within thirty (30) days of FitnessAtYourHome’s
notification that specifies: (i) your name; (ii) your mailing address; and (iii) your request
to opt-out of such amendments. If you affirmatively opt-out of any future amendments,
you are agreeing that you will arbitrate any Dispute between us in accordance with the
language of this Section as stated in these current Terms, without any of the proposed
amendments governing. If you do not affirmatively opt-out of any future amendments,
you will be deemed to have consented to any such future amendments.
NN. Severability. If any provision in this Section is found to be unenforceable, that
provision shall be severed with the remainder of these Terms remaining in full force and
effect. The foregoing shall not apply to the prohibition against class or representative
actions; if the prohibition against class or representative actions is found to be
unenforceable, this entire Section shall be null and void. The terms of this Section shall
otherwise survive any termination of these Terms.
OO. Exclusive Venue for Other Controversies. FitnessAtYourHome and you agree that
any controversy excluded from the dispute resolution procedure and class action waiver
provisions in this Section (other than an individual action filed in small claims court)
shall be filed only in the State Court of, Ohio, or the United States District Court
_____________,Ohio, and each party hereby irrevocably and unconditionally consents
and submits to the exclusive jurisdiction of such courts for any such controversy.
10. Indemnification; Limitation of Liability.
DD. Indemnification. You agree to indemnify and hold FitnessAtYourHome, its
parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and
suppliers harmless from and against any claim, action, demand, loss, suit, or damages
(including attorneys' fees) made or incurred by any third party arising out of or relating to
your improper use of any FitnessAtYourHome Services, your violation of these Terms, or
your violation of any rights of a third party.
EE. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL FITNESSATYOURHOME, LLC OR ANY OF ITS SUBSIDIARIES,
AFFILIATES OR PARENT COMPANIES, OR ANY OF THEIR OR ITS SERVICE
PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL,
COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR
OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY
INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE
CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE
FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF
ANY ADVICE OR NOTICE GIVEN TO FITNESSATYOURHOME OR ITS SERVICE
PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF ANY FITNESSATYOURHOME THIS
LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES
ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY
OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE
MAXIMUM LIABILITY OF FITNESSATYOURHOME AND ITS SERVICE
PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL
CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU IN THE LAST NINETY (90) DAYS TO FITNESSATYOURHOME FOR ANY
FITNESSATYOURHOME SERVICES. YOU AGREE THAT THIS LIMITATION OF
LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
FITNESSATYOURHOME AND YOU. THE FITNESSATYOURHOME SERVICES
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
FITNESSATYOURHOME WILL NOT BE LIABLE FOR FAILURE TO PERFORM
ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY
THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET
OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL
DISASTER, CIVIL UNREST OR WAR.
10. Miscellaneous.
FF. Governing Law for United States residents. You agree that the laws of the State of Ohio,
without regard to principles of conflict of laws, will exclusively govern these Terms and
Conditions and any Dispute between you and FitnessAtYourHome. As the
FitnessAtYourHome Services are controlled by FitnessAtYourHome from Ohio, Ohio
law will apply regardless of your residence or the location where you use
FitnessAtYourHome Services.
GG. International Users. Our websites are controlled, operated, and administered by
FitnessAtYourHome from its offices within the United States of America.
FitnessAtYourHome makes no representation or warranty that the materials contained
within the FitnessAtYourHome Services are appropriate or available for use at locations
outside of the United States, and access to them from territories where the contents or
products available through the FitnessAtYourHome Services are illegal is prohibited. If
you access FitnessAtYourHome Services from a location outside of the United States,
you are responsible for compliance with any and all local laws, rules, regulations and
ordinances.
HH. Notices. All notices required or permitted to be given under these Terms must be
in writing. FitnessAtYourHome may provide you notice by sending you an e-mail to the
address on file with us, which you agree electronically satisfies any legal requirement that
such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING
THAT YOUR E-MAIL ADDRESS ON FILE WITH FITNESSATYOURHOME IS
ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED
EFFECTIVE UPON THE SENDING BY FITNESSATYOURHOME OF AN EMAIL
TO THAT ADDRESS. You shall give any notice to FitnessAtYourHome by means of
U.S. mail, postage prepaid, to FitnessAtYourHome, LLC, 3301 Exposition Blvd., Santa
Monica, CA 90404, Attn: Legal Department. Such notice to FitnessAtYourHome shall be
effective upon receipt of notice by FitnessAtYourHome.
II. Severability. If any provision of these Terms (except for Section 9), or a part thereof,
shall be unlawful, void or for any reason unenforceable, then that provision or part
thereof shall be deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions or parts thereof.
JJ. Suspension; Termination. Notwithstanding anything to the contrary in these Terms,
FitnessAtYourHome may, in its sole and absolute discretion, suspend, disable, block, or
terminate your access and use of any FitnessAtYourHome Services (including without
limitation, deleting your account(s) or any part thereof), or block, remove or delete any
User Generated Content that you submitted, for any lawful reason, including if
FitnessAtYourHome determines in its discretion that you violated these Terms (such as
and including by way of example, to the extent your conduct or User Generated Content
violates these Terms or could damage FitnessAtYourHome’s reputation or goodwill). If
FitnessAtYourHome suspends, disables, blocks, terminates or deletes your account, you
may not re-register for or use the FitnessAtYourHome Services under any other login or
profile. FitnessAtYourHome may block your access to the FitnessAtYourHome Services
to prevent re- You agree that FitnessAtYourHome will not be liable for any interruption
or termination of your access and/or use of our websites.
KK. No Third-Party Beneficiaries. Except as set forth in these Terms, only you and
FitnessAtYourHome may enforce these Terms; no third party shall be entitled to enforce
these Terms.
LL. Survival. The provisions of these Terms which by their nature should survive the
termination of these Terms shall survive such termination.
MM. Waiver. No waiver of any provision of these Terms by us shall be deemed a
further or continuing waiver of such provision or any other provision, and our failure to
assert any right or provision under these Terms shall not constitute a waiver of such right
or provision. Any waiver must be in writing signed by the Chief Legal Officer of
FitnessAtYourHome in order to be effective.
NN. Assignment. FitnessAtYourHome may assign these Terms to any person or entity
at any time, for any reason, with or without notice to you.
OO. Amendments; Entire Agreement. These Terms may not be amended unless in a
signed writing by the Chief Legal Officer of FitnessAtYourHome. These Terms
constitute the final, exclusive and complete agreement between you and
FitnessAtYourHome regarding the subject matter hereof and supersede all agreements,
communications and course of dealings between you and FitnessAtYourHome.
PP. Language. It is the express intent of the parties that these Terms and all related
documents have been written in English.
Privacy Policy of Fitness At Your Home mobile app
This Application collects some Personal Data from its Users.
Owner and Data Controller
Your address admin@Fitnessatyourhome.com
Owner contact email: admin@Fitnessatyourhome.com
Among the types of Personal Data that this Application collects, by itself, there are: Mobile phone state permission.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Mode and purpose
This Application may ask for Device state permissions allowing it to create a unique account .The Owner takes appropriate security measures to prevent unauthorized access to the device state. We are accessing the device id from the customer device to create one unique account for each user accessing the app. We are only allowing a fixed number of devices with the subscription account purchased by the customer. To achieve this we are accessing the device id while installing the app which is unique number for all mobile devices.
For more information about the following permissions, refer to the Android Phone State permission.
The rights of Users
Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given the access to read phone state by clearing the cache memory from the manage app in the setting .