TERMS OF SERVICE
Updated: May 5, 2019
Prior to using the Service, it is important for you to know and understand that by using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
1. HEALTH WARNING AND LIABILITY DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE USING THE SERVICE. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE APP IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 3 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
FIGHTCLUB SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SERVICE.
2. WHO MAY USE THE SERVICE
You must be at least 18 years old to use the Service. Parents and guardians are responsible for monitoring and supervising your child’s use of the Service. If your child is using the Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Service, please contact us at firstname.lastname@example.org.
3. PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE USING THE SERVICE TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
4. YOUR REPRESENTATIONS AND WARRANTIES AS A CUSTOMER
In becoming a customer of FightClub with the intent of using the Service (“Customer”), you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Service.
If applicable, you further affirm that (A) you are not pregnant or (B) your physician has specifically approved your use of the Service.
5. GENERAL DISCLAIMERS
FightClub provides the Service on an “as is” and “as available” basis. You therefore use the Service at your own risk.
FightClub expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
Without limiting the foregoing, FightClub make no representations or warranties:
- That the Service, or any particular fitness program is suitable for you;
- Regarding the adequacy or safety of the Service for any particular user;
- That the Service will meet your personal needs;
- That the Service will be permitted in your jurisdiction;
- That the Service will be uninterrupted or error-free.
FightClub reserves the right to modify the Service. FightClub shall not be responsible for loss or corruption of your personal profile and training information, your photos and other data. FightClub hereby waives all claims with respect to damage to your mobile device.
To the extent that a secondary party may have access to or view the digital content displayed through the Service (“Digital Content”) on your mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by law: in no event shall (i) FightClub and its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) FightClub’s and its affiliates’ total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service, exceed the amount you paid to us to view the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE.
- What information we may collect about you
- What we use that information for; and
- When and with whom we share that information.
CONSENT TO EMAIL: When you become a Customer, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
8. REGISTRATION AND YOUR INFORMATION
If you want to access and use the Service, you’ll have to create an account (“Account”). You should do this via the App. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
You may not use anyone else’s password or Account at any time. You may not attempt to gain unauthorized access to the Service. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, your Account will be terminated.
9. THE SERVICE AND PURCHASES
a. Digital Content. The Digital Content consists of Workouts compiled in Levels. Subscribers get unlimited access to the respective Digital Content for the term of their subscriptions.
b. Subscription Pricing and Terms. The App is free to download. Subscription to the Service starts with a 7-day free trial.
We offer the following auto-renewing subscription options:
- US$ 14.99 monthly;
- US$ 99.99 yearly.
Prices for non-United States customers may vary.
Payments will be charged to your iTunes account at confirmation of purchase or after free 7-day trial period, where applicable. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Account will be charged for renewal within 24 hours prior to the end of the current period. You may manage your subscriptions and
turn off auto-renewal by going to your Account Settings after purchase.
All purchases are non-refundable. Once purchased, refunds will not be provided for any unused portion of the term.
10. SERVICE AND DIGITAL CONTENT
a. Proprietary Rights. All materials and content on the Service, including, without limitation, names, logos, servicemarks, trademarks, images, text, columns, graphics, Digital Content and other videos, photographs, illustrations, artwork, software, scripts, sounds, music, interactive features and the like and other elements, (collectively, “Service Content”) are owned by or licensed
to FightClub, subject to copyright and other intellectual property rights under the law and are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by FightClub.
b. License to Digital Content. Subject to your payment of any subscription fees (including applicable taxes) to obtain access to the Digital Content, and your compliance with all other terms of the Agreement, FightClub grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable viewing period, to access, view, use and display the Digital Content for Non-Commercial, Private Use. As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., at a gym or a dance studio), even if no fee is charged for viewing the Digital Content.
c. Availability of Digital Content. During the term of your subscription the respective Digital Content may be downloaded to and accessed from your smartphone or tablet (the App) and used at your convenience.
d. General Restrictions. You may not transfer, copy or display the Service Content, except as permitted in this Agreement.
In addition, you may not: (i) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Service Content
to any third party, (ii) remove any proprietary notices or labels on the Service Content, or (iii) use the App and/or the Service
Content for any commercial or illegal purpose.
As between you and FightClub, you own all content that you submit to FightClub, whether directly via the Service or indirectly (for example, via Facebook, Instagram or Twitter). However, it is important that you understand that by posting a submission to FightClub, you are granting FightClub and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
If you make suggestions to FightClub on improving or adding new features to the Service, FightClub shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to FightClub and grant the licenses set forth above; (ii) FightClub will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You agree to indemnify, defend, and hold harmless FightClub and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to FightClub violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. StretchIt reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FightClub in connection therewith.
13. ADDITIONAL TERMS
a. Termination. If you violate any of the terms or conditions of this Agreement, your rights under this Agreement will automatically terminate without notice from us, and FightClub may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you posses, and FightClub shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
b. Explicit Content. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Service at your sole risk, and FightClub shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that FightClub does not guarantee their accuracy.
c. Amendments. FightClub reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
d. Disputes/Binding Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other
misuse of intellectual property rights.
e. Governing Law. By using the Service you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and FightClub.
g. Contact Information. For communications concerning this Agreement,please write to FightClub at 805 Columbus Ave #12D, New York, NY 10025, USA.