Terms of Service

Please read and agree to the Terms of Use. 

TERMS AND CONDITIONS FOR USING FITNESS CULTURE PROGRAMMING

Please carefully read the following Terms of Use (collectively with Fitness Culture Programming's Privacy Policy, the "Terms of Use") fully before using Fitness Culture Programming's mobile applications (the "Applications"), app.fitnessculture.com (the "Site"), and the services, features, content, goods or applications offered by Fitness Culture Programming, LLC. ("Fitness Culture Programming", "Fitness Culture Programming with", "we", "us" or "our") (together with the Applications and the Site, the "Services"). These Terms of Use set forth the legally binding terms and conditions for your use of the Applications, Site and the Services.1. Acceptance By using the Services in any manner, including downloading the Applications or visiting or browsing the Site, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Site or the Applications, each of which is incorporated herein by reference and which may be updated from time to time without notice to you. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

1. Acceptance
By using the Services in any manner, including downloading the Applications or visiting or browsing the Site, you agree to these Terms of Use and all other operating rules, policies, and procedures that may be published from time to time on the Site or the Applications, each of which is incorporated herein by reference and which may be updated from time to time without notice to you. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

2. Arbitration Notice and Class Action Waiver
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

3. Suitability
You represent and warrant that you are at least 14 years of age. If you are under age 14, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

4. Registration
To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information and keep your Account information updated.

5. Use of the Service
The Services provide users with guidance and information on how to improve their fitness, health, and nutrition, but THE SERVICES ARE NOT A MEDICAL ORGANIZATION OR MEDICAL DOCTORS.

6. Content
For purposes of these Terms of Use, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.

7. Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use.

Users are prohibited from abusing our services, including but not limited to, the creation of multiple accounts or the use of fake email addresses to exploit promotions or deals. Such actions are considered a breach of these Terms of Use and may result in the immediate termination of your account.

8. Location-Based Services
Where the Services collect location-based information, the Services may do it on an anonymous basis for the improvement of our Services.

9. Third Party Services
The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services.

10. Apple Device and Application Terms
As you are accessing the Services via an Application on a device provided by Apple, Inc. ("Apple") or an Application obtained through the Apple App Store, the following shall apply.

11. In-App Purchases
Through the Services, you may purchase ("In App Purchase") certain goods or additional features or Applications designed to enhance the performance of the Services ("Goods").

12. Payments and Billing
Certain of our Services may be subject to payments now or in the future (the "Paid Services").

13. Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.

14. Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You release us from all liability for you having acquired or not acquired Content through the Services.

15. Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective employees from all liabilities, claims, and expenses, including reasonable attorneys' fees.

16. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE

 

Fitness Culture Messaging Terms & Conditions

Effective Date: 

This SMS message program is a service of Fitness Culture. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Fitness Culture. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Fitness Culture permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. Fitness Culture reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Fitness Culture also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Fitness Culture, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the Fitness Culture messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Fitness Culture Terms of Use and Fitness Culture Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Fitness Culture and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Fitness Culture through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Fitness Culture OR ANY PARTY ACTING ON BEHALF OF Fitness Culture BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Fitness Culture HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Fitness Culture HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Fitness Culture MESSAGING PROGRAM. Fitness Culture AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Fitness Culture, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Fitness Culture or its service providers.

Dispute Resolution

  1. General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Fitness Culture or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Fitness Culture ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Fitness Culture to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and Fitness Culture will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. No Class Actions. YOU AND Fitness Culture AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fitness Culture agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Fitness Culture are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
  5. No Class Actions. YOU AND Fitness Culture AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fitness Culture agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Fitness Culture makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Fitness Culture’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Fitness Culture.
  7. Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Fitness Culture after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Fitness Culture concerning the Messaging Program.

Contact

Please contact us with any inquiries or concerns at support@fitnessculture.com or write to us at: Fitness Culture, 314 N 3050 E, Suite B1, Saint George, UT 84790.