TERMS OF SERVICE - EXERCISE.COM
PLEASE READ THESE TERMS OF SERVICE ("TERMS") AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
EXERCISE.COM, and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, “EXERCISE.COM”) welcome Spartan Race, Inc. (“you” or “Spartan”)you to EXERCISE.COM.com (the "Site"), which includes all web pages within the Site. By using the Site, you agree to be bound by these Terms, whether or not you register as a Member of the Site. If you do not agree to all of the Terms, do not use the Site.
EXERCISE.COM may revise and update these Terms at any time. Your continued use of the Site will mean you accept the revised Terms.
These Terms were last updated on March 9, 2017.
1. IMPORTANT DISCLAIMER. THE INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A EXERCISE.COM TRAINER IS INTENDED TO ASSIST YOU IN YOUR FITNESS EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT EXERCISE.COM IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING, OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT THE SITE’S TRAINERS, AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY THE SITE’S TRAINERS, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH EXERCISE.COM AND THE SITE’S TRAINERS, AFFILIATES AND EMPLOYEES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, EXERCISE.COM DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A EXERCISE.COM TRAINER OR THE SITE. FOR EXAMPLE, HEALTH, DIET & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE SITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM.
3. Fees. Some of our features, such as the ability to receive a fitness or nutrition plan from a Trainer, require you to pay a fee. You agree to pay the fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. The Site uses PayPal to process your credit card transactions. We will bill all charges automatically to your credit card or PayPal account. Your initial subscription fees will be billed at the beginning of your subscription. Renewal fees will be billed on a weekly or monthly basis dependent on the length of your subscription. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
4. Renewal. If you purchase a subscription product from us then your subscription will renew automatically for consecutive periods of the same duration as the subscription term originally selected, unless we terminate it or you notify us by email at info@EXERCISE.COM, and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
5. Account Security. You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. EXERCISE.COM will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
6. IP Grant. Each party grants to the other a limited, non-exclusive, non-transferable, non-sublicensable, and royalty free license to the other to use the other’s intellectual property as provided by the other party including, but not limited to, its copyrighted materials and registered trademarks (“IP”) solely to enable Spartan’s use of the Site and discharge each party’s responsibilities as required under this agreement. This license shall be effective so long as Spartan uses the Site. Nothing herein shall grant a party any ownership right in any of the other party’s IP and all goodwill arising from the use of a party’s IP shall accrued to the owner of that IP regardless of the party using the IP.
7. Notice for Claims of Copyright Violations If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
Please send the written communication to our Copyright Agent at the following address:
By mail: 113 Cherry St. #37960, Seattle, WA, 98104-2205
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.
8. User Generated Content. We may offer Members and Trainers the opportunity to comment on and engage in discussions and otherwise post content on our Site. Any and all information, data, text, photographs, graphics, video, messages, tags, or other materials that Members and Trainers submit in connection with any of the foregoing activities is referred to as "User Generated Content." In no instance shall any content provided by Spartan be considered “User Generated Content” and, the parties acknowledge and agree that the definition of “User Generated Content” shall exclude any and all Spartan IP. Members and Trainers are entirely responsible for all User Generated Content that they upload, post, email, transmit or otherwise make available via the Site. Exercise.com will grant Spartan a perpetual, irrevocable, non-exclusive, and royalty free license to use all User Generated Content posted by Members subscribed to the Spartan services provided by the Site. . EXERCISE.COM will not market or use Spartan IP (except as otherwise authorized through this Agreement) through email, site notifications, mailings, telecommunications, social media, or any other form of communication without the express written consent of the Exercise.com for Spartan.
9. Conduct. We reserve the right to terminate your use of the Site if you misuse the Site or violate these Terms including, without limitation, the following rules of conduct:
You may not:
10. DISCLAIMERS OF WARRANTIES. YOU USE THE SITE AT YOUR OWN RISK. EXERCISE.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND EXERCISE.COM SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXERCISE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN EXERCISE.COM WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT EXERCISE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXERCISE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL EXERCISE.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO EXERCISE.COM. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Trainers. EXERCISE.COM DOES NOT ENDORSE OR RECOMMEND ANY TRAINER ON THE SITE. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A TRAINER ARE SOLELY ATTRIBUTABLE TO THE TRAINER- NOT EXERCISE.COM OR THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY A TRAINER ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. PARTICIPATING IN ANY EXERCISE PROGRAM OR DIET PLAN CAN CAUSE INJURY, AND YOU ELECT TO DO SO ENTIRELY AT YOUR OWN RISK AND EXEMPT EXERCISE.COM, THE CREATOR OF THE PROGRAM OR PLAN, OR THE TRAINER ASSIGNING THE PROGRAM OR PLAN OF ANY LIABILITY. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAMS, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAMS ARE RIGHT FOR YOUR NEEDS. EXERCISE.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE EXERCISE.COM TRAINERS AND/OR THE SERVICES PROVIDED BY SAID TRAINER OR BY THIRD PARTIES FEATURED ON THE SITE INCLUDING BUT NOT LIMITED TO, CELEBRITY TRAINERS. IN NO EVENT SHALL EXERCISE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A TRAINER OR COMMUNICATIONS OR MEETINGS BETWEEN TRAINERS AND MEMBERS OF OR ANY OTHER PERSONS YOU MEET THROUGH THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH TRAINERS, CELEBRITY TRAINERS, THIRD PARTIES AND OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN THE EVENT THE SITE CHOOSES TO PROMOTE THE SERVICES OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, A CELEBRITY TRAINER, YOU AGREE AND ACKNOWLEDGE THAT THE CELEBRITY TRAINER WILL NOT PERSONALLY BE PROVIDING THE FITNESS OR NUTRITION PROGRAMS, NOR COMMUNICATING WITH INDIVIDUAL MEMBERS DIRECTLY OR PERSONALLY.
13. Indemnification You agree to defend, indemnify, and to hold harmless EXERCISE.COM, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) arising, resulting from or relating to: (a) your use of the Site or your inability to use the Site; or (b) an allegation that you violated any representation, warranty, covenant or condition in these Terms. Your agreement to defend, to indemnify, and to hold EXERCISE.COM (and its officers and directors) harmless applies whether a claim against EXERCISE.COM is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Site caused damage to you or to any third party and/or your use and access to the Site. The foregoing indemnities shall not be effective or apply where a claim or cause of action brought by a third party arises from EXERCISE.COM’s negligent or intentional act or omission. This indemnification section shall survive your termination of or cessation of use of the Site.
EXERCISE.COM agrees to defend, indemnify, and to hold harmless Spartan, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) arising, resulting from or relating to: (a) EXERCISE.COM’s negligent or intentional act or omission; (b) an allegation that EXERCISE.COM violated any representation, warranty, covenant or condition in these Terms; or (c) EXERCISE.COM’s alleged violation of any law, regulation, or statute resulting from its operation of the Site. Your agreement to defend, to indemnify, and to hold EXERCISE.COM (and its officers and directors) harmless applies whether a claim against EXERCISE.COM is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Site caused damage to you or to any third party and/or your use and access to the Site. The foregoing indemnities shall not be effective or apply where a claim or cause of action brought by a third party arises from Spartan’s negligent or intentional act or omission. This indemnification section shall survive your termination of or cessation of use of the Site.
15. Governing Law and Choice of Forum These Terms contains the final and entire agreement between us regarding your use of the Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site. We may discontinue or change the Site, or its availability to you, at any time. These Terms are personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Site will be an appropriate federal or state court located in Tampa, Florida. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
16. Miscellaneous Terms. Neither party may assign its rights and obligations under these Terms without the written consent of the other party, unless, such assignment is made pursuant to a purchase of substantially all of a party’s assets or in connection with a change of control. These Terms will inure to the benefit of each parties’ successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
18. Delivery Method and Timing. We offer online software packages that do not require physical delivery. Upon completion of proper sign up procedures and any required payment processing then we will make every effort to ensure that you have immediate access to your online software package.
19. Return/Refund Policy. We offer a no questions asked 30-day refund for online software package purchases created by the Exercise.com team. Given the nature of online software use and the fact that we process payments monthly then all refunds will constitute a full refund of the current month. Any online software package purchases created by a trainer utilizing Exercise.com as a marketplace is subject to the refund policy stated on their checkout page.
20. Age Limitations. Use of the site is limited to individuals 18 years of age or older. Your use of the site affirms that you are at least 18 years of age. By accepting this agreement, you are affirming that you are 18 years of age or older and have the legal ability to enter into the terms, conditions, representations, and warranties in the Terms of Service. EXERCISE.COM will not be held liable, so far as the law permits, in any way for use of this site by persons under the age of 18.
21. Contact Information. Our mailing address is 360 Quote LLC, 113 Cherry Street #37960, Seattle, WA, 98104-2205. Our phone number is 888-307-5280. Our contact us page to send us an email is located HERE.