On-Demand Membership Terms - Burn Boot Camp
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On-Demand Membership Terms

By purchasing or using a Burn Boot Camp® On-Demand Membership, you agree to the following terms and conditions (the “Terms and Conditions”), which supplement the Kline Franchising, Inc. d/b/a Burn Boot Camp (“Company,” “BBC”, “us”, or “we”) End User License Agreement (“EULA”) for the Burn Boot Camp® App (“App”) to which you agreed on download of the App.  These Terms and Conditions are effective as of the date you agree to them or upon your purchase of an On-Demand Membership (as set forth below) or other use the App  (the “Effective Date”). Capitalized terms not defined in these Terms and Conditions have the meaning given to them in the EULA. You shall be referred to as a “Member,” “you,” or “your.” A “Member” is any individual with an on-demand subscription via the App or who activates the App, for personal, non-commercial use of the features and functions made available in the App (“On-Demand Membership”).

ARBITRATION NOTICE: These Terms and Conditions contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and BBC will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

ACKNOWLEDGMENT: Member warrants and represents that Member is capable of using and shall use good judgment with regard to Member’s conduct and Member’s participation in activities (the “Activities”) through the On-Demand Membership. Most of the Activities shall involve some level of physical exertion, sometimes significant physical exertion, and Member must and shall decide to participate in Activities only if and to the extent Member can reasonably participate and is comfortable doing so. Member promises to not participate in Activities if Member is uncomfortable or unsure regarding the safety or appropriateness of participating. Member will otherwise act in a manner which is respectful and safe toward others during and relating to Activities.

Member warrants and represents that Member is in appropriate and sufficient good health and medical, physical, mental, and emotional condition to participate in the Activities that Member will be participating in and that Member has no problems or issues which would endanger Member due to such participation.

Participating in Activities will by the very nature of said Activities lead to a certain level of physical exertion and physical activity. By participating in Activities through online streaming or online replay, Member acknowledges that Member is participating in Activities in areas that may be new and unfamiliar to Member, have not been inspected or approved by the Company as suitable for performance of the Activities, and which may not be suitable for the Activities. Additionally, by participating in Activities through online streaming or online replay, Member acknowledges that the Company and its employees may be limited in their ability to see and interact with Member during the Activities, which may prevent the Company and its employees from providing corrective instructions or intervening in the event of injury or healthcare emergency. Further, participating in Activities through online streaming or similar online delivery methods may allow, either through authorized or unauthorized access to the Member’s or the Company’s video and audio files or streams, the Company, its employees, other participants in the Activities, or other third parties to view, hear, or otherwise observe video, still images, or audio of Member and anyone else captured in video or audio recordings or streams of Member. Likewise, participating in Activities through online streaming or a similar online delivery method may allow other Activity participants or third parties to message, comment, or otherwise communicate with Member. Member acknowledges that the Company is not responsible for any damages Member suffers as a result of any message, comment, or other communication by an Activity participant or other third party.  Member is only participating after giving informed consent, including by way of this Agreement. By volunteering to participate in the Activities, Member assumes the risk of any negative consequences which may reasonably result from the Activities. If Member is not aware of the risks which may come by participating in the Activities, Member should not participate until and unless Member has sought and received information from the Company which allows Member to have a fair and reasonable opportunity to know and understand said risks.

Member and anyone who can claim or recover through Member hereby agree to waive, relinquish, discharge, release, and covenant not to sue the Company or its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys, and volunteers, from any and all rights, claims of injury, demands, causes of action, damages, liabilities, or loss that Member and anyone who can claim or recover through Member may have or come to have arising out of, connected with, or in any way associated with the Activities. Member further covenants not to sue or otherwise bring a claim or complaint against Company for any of the matters waived and released herein. This paragraph should not be interpreted to attempt to waive or release rights or claims which, by law, cannot be waived or released in this fashion.

Should Company somehow be found liable despite this Agreement, Member agrees that the maximum damages Company shall be liable for is the total amount Member has paid to Company in the preceding twelve (12) months.

Member hereby agrees to indemnify, defend, and hold harmless the Company, at no cost to Company, as to any claims or causes of action against Company due or related to Member’s participation in the Activities.

  1. Membership Type: These Terms and Conditions govern the On Demand Membership accessed via the App. An “On Demand Membership” provides you one (1) user profile with access to available classes, content, and features on the App, as such features are made available by us via the App . An On Demand Membership does not provide you with access to in-person classes or any other content, or offerings in Burn Boot Camp® physical locations. An On Demand Membership can be purchased from us or via a third-party app provider where we make the  App available (e.g., Apple App Store or Google Play Store). The On Demand Membership can only be used by a single individual over the age of 18. You warrant and represent that you are at least 18 years of age and agree not to share your login credentials with any other person.
  2. Membership Term; Account Registration:
    1. You must register with us via the App in order to purchase your On-Demand Membership and use the other features of the App. You will be required to submit certain information to set up your account and will be required to establish a password.  All personal data collected during the registration process is subject to our  .  You will not transfer your account or share your account with any other person.  Your account is personal to you and you are responsible for the security of your password.  As a result, you are responsible for all activity and purchases on your account.  If you believe someone has accessed your account without authorization, change your password and contact us immediately through the in-app support feature.  BBC may monitor your password and use of the app and suspend account access or require you to change your password in the event we suspect a security issue or see suspicious activity.  BBC reserves the right to cooperate with any law enforcement authorities and court orders requesting or directing BBC to disclose Members and make any materials available to such authorities.
    2. The length of your On-Demand Membership term (your “Membership Term”) will be effective upon the date you an On Demand Membership (the “Effective Date”) and shall recur until terminated in accordance with these Terms and Conditions.
    3. All information you provide must be accurate, including your name, address, credit, debit, or charge card numbers, expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide any required changes promptly to your account page. Our use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. We are not liable for any incorrect, erroneous, or false credit card, debit card, bank account, routing number, or wire transfer information that you provide to us. You agree to defend, hold harmless, and indemnify us, and reimburse us, for any causes of action, claims, damages, demands, expenses, fines, investigations, liabilities, and penalties incurred by us to any third party arising out of your providing us any incorrect, erroneous, or false credit card, debit card, bank account, routing number, or wire transfer information.
    4. BBC may, for any reason and in its sole discretion, suspend, deactivate, or terminate your On-Demand Membership account or your use of the App, and may terminate these Terms and Conditions, without notice or liability, including if you breach these Terms and Conditions, upon any unauthorized use of your password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the App to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by selecting that option on the App where that option is available, contacting us using the contact information below. However, you understand that any User-Generated Content (as defined below) you have provided will/may remain in our back-up systems and may continue to be accessible by other App users. Upon any termination of your account or these Terms and Conditions you must immediately stop accessing and using the App.
  3. Payment; Pricing; Billing:
    1. You will pay all On-Demand Membership fees due to us, the amount of which is outlined when you purchase your On-Demand Membership, via the method of payment selected in the App upon registration where your first monthly rate payment will be drafted on the Effective Date. Thereafter, your monthly membership payments will automatically be drafted or charged on or about the same day of each month. If the amount to be charged varies from the preceding amount (other than due to the imposition of, or change in, applicable sales tax), You have the right to request, and upon receiving such request we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires the express consent of you to the change in price. Any agreement you have with your payment provider or financial institution governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your On-Demand Membership reaffirms that we are authorized to charge you for that On-Demand Membership. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your On-Demand Membership shall continue on a month-to-month basis until cancelled by you or us in accordance with these Terms and Conditions.
    2. Billing Authorization: You will be asked to provide a payment method (such as a credit, charge, or debit card number) that we accept to purchase your On-Demand Membership. You represent and warrant that you have the legal right to use all payment method(s) you provide us. Your authorizations in this section also apply to our payment processors and other companies acting as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis in line with your On-Demand Membership cycle, in advance, for your On-Demand Membership and/or to place a hold on your payment method for any unpaid charges for your On-Demand Membership. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt. You authorize us to continue to attempt to charge and/or place holds for all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request, and at any time the information you previously provided is no longer valid. You acknowledge and agree that neither us nor any of our agents will have any liability whatsoever for any insufficient funds or other charges incurred by you due to attempts to charge and/or place holds on your specified payment method as contemplated by these Terms and Conditions.
    3. Third-Party Payment Processors: You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you purchase your On-Demand Membership unless you update your payment method in your account. We reserve the right to correct or instruct our payment processors to correct any errors or mistakes, even if payment has already been requested or received.
    4. Bill Inquiries and Refunds: If you believe you have been billed in error for an On-Demand Membership or other purchase, you must notify us within 60 days of the billing date by contacting us through the in-app support feature. We will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
    5. Other Offers: We may offer additional promotions or discounts related to On-Demand Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented during the signup process will form part of these Terms and Conditions. Unless specified in writing, all discount and trial offers that require payment are non-refundable. Any trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file to initiate a trial; in this case, if you do not cancel before your trial period ends, your account will be converted to a paid Membership and charged per these Terms and Conditions on a month-to-month basis.
  4. Member Conduct: We are committed to the health, safety, and welfare of each of our members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe our rules and regulations or who abuse our services in any fashion will be asked to stop accessing the App . We have the right to monitor behavior on the App and respond accordingly. This right includes, but is not limited to, termination of an On-Demand Membership without refund to any Member engaging in unacceptable behavior. Where permitted under applicable law, we reserve the right to add, change or remove rules, and conditions of On-Demand Membership.  You agree that your use of the App, your account, and On-Demand Membership is subject to the following prohibitions:
    1. You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the App or any part of the App without our prior written consent.
    2. You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the App for purposes of creating or compiling that content for any purpose.
    3. You will not access, use, or copy any portion of the App, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
    4. You will not use the App to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the  App or any computers, hardware, software, system, data, or networks.
    5. You will not engage in activities that aim to render the App, On-Demand Memberships, or associated services inoperable or to make their use more difficult.
  5. Intellectual Property Rights: The  App, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content on the App (“Content”), and the  services made available on the  App are exclusively the property of BBC or, as applicable, its suppliers or licensors, and are protected by copyright, trademark, and other intellectual property laws. The App Content, may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BBC except as may be explicitly permitted by these Terms and Conditions. Neither title nor intellectual property rights are transferred to you by access to the  App. Without limiting the generality of the foregoing, all trademarks, service marks, and logos appearing in or on the App are the property of BBC or, as applicable, its suppliers or licensors. BBC and its suppliers and licensors retain all rights with respect to their respective trademarks, service marks, and logos appearing in the  App. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to BBCor any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The App may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
  6. On-Demand Membership and Account Cancellation:
    1. Cancellation by Us. We may immediately terminate or suspend your account and all or a portion of your On-Demand Membership or your access to the App without notice if:
      1. your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);
      2. you provide false or inaccurate information to us;
      3. you violate these Terms and Conditions, the EULA or any other rules or agreements then in effect;
      4. you engage in conduct that is a violation of any applicable law;
      5. you share your password and/or username or provide access to your account or On-Demand Membership to another individual; or
      6. if you engage in conduct that is threatening, abusive, or harassing to our employees, agents, or other App users, including, for example, making threats to physically harm or damage property.
    2. If we determine, in our sole discretion, that your On-Demand Membership is being accessed in a commercial setting or is for commercial use, we reserve the right to terminate or suspend your On-Demand Membership at any time.
    3. If we terminate or suspend your On-Demand Membership or access to the App, your license to use the App via the EULA, and any software or Content provided in connection with the On-Demand Membership via these Terms and Conditions is also terminated or suspended (as applicable). If your On-Demand Membership or access to the App is terminated, we have the right to immediately delete all data, files, and other information stored in or for your account without further notice. You must pay all charges up to and including the date of termination. Should you wish to resume your On-Demand Membership after any suspension, a restoration of service fee may apply. This fee includes all past-due unpaid charges and other fees.
    4. Cancellation by You. If you terminate your On-Demand Membership, you may use your On-Demand Membership until the end of the then-current period, and your On-Demand Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the fees paid for the then-current On-Demand Membership period, subject to specific cancellation and refund rights as required under applicable law.
    5. Except as specifically outlined herein, all amounts paid hereunder by you are non-refundable and deemed earned upon receipt.
  7. Image and Likeness: You hereby grant to us an irrevocable permit, authorize, grant, and license us and our affiliates, successors, and assigns, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my name, image, likeness and all materials created by or on behalf of us that incorporate any of the foregoing (“Materials“) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created without further consent from or royalty, payment, or other compensation to you. To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), arising directly or indirectly from the Authorized Persons’ exercise of their rights under these Terms and Conditions or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of any Authorized Persons or any other person, and you hereby covenant not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims. This consent applies both going forward in time and to any past events or materials.
  8. User-Generated Content: The App may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, and otherwise provide comments, data, text, images, video, audio, and other content and material via the  App, including by participating in the  blog, and to respond to content provided by others (together, “User-Generated Content”). User-Generated Content is neither generated nor controlled by BBC. BBC is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. Please keep in mind that the User-Generated Content you provide may be available to other users in the App.
    By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms and Conditions and that any User-Generated Content you provide will not cause BBC to violate any law or regulation. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person’s intellectual property rights, rights of privacy, rights of publicity, or other rights. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to BBC below. Please keep in mind that any User-Generated Content that you provide will be publicly available via the  App. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited. User-Generated Content must be relevant to the applicable topic. User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You will not create a false identity, hide your true identity, or impersonate or represent any person other than yourself. You will not provide any other person’s private or confidential information without that person’s permission
    User-Generated Content is not monitored. BBC reserves the right, but does not have the obligation, to, at any time and for any reason, review, prescreen, edit, redact, otherwise modify, reorganize, and recategorize User-Generated Content. BBC also reserves the right, but does not have the obligation, to, at any time and for any reason, delete User-Generated Content from the App. BBC has no obligation to archive or otherwise store any User-Generated Content. BBC reserves the right to impose limits on the App features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the App at any time for any reason, including breach of these Terms and Conditions. If you delete or replace User-Generated Content that you have provided (where those options is available), you understand that it may remain in our back-up systems for a period of time and that users with whom you have shared or who have otherwise accessed that User-Generated Content may continue to have access to and use it.
    If you provide User-Generated Content, you hereby grant to BBC a royalty-free, fully paid-up, perpetual, irrevocable, worldwide, transferable, assignable, sublicensable right and license to reproduce, copy, implement, modify, adapt, reformat, publish, translate, excerpt, create derivative works of, store, distribute, publicly perform, display, license, sell, exploit, and otherwise use and distribute that User-Generated Content in any and all forms, media, technologies, and distribution methods now known or later developed, including for purposes of developing, manufacturing, and marketing products and services. You understand that BBC will not be required to treat any User-Generated Content as confidential and may use any User-Generated Content in its business (including without limitation for products and advertising) without incurring any liability for royalties or any other consideration of any kind and without compensation paid to you and BBC will not incur any liability as a result of any similarities that may appear in future BBC operations. If you believe that anything on the App infringes any copyright that you own or control, please follow the process described below. If you believe that anything on the App violates a law or regulation or breaches any provision of these Terms and Conditions, please notify us as set forth below.
  9. Copyright Policy: We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the App if we become aware of the same. If you believe that anything on the App infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
    • A description of the copyrighted work(s) that you claim have been infringed;
    • A description of the allegedly infringing material, including its location on the  App;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • Your email address, telephone number, and mailing address;
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
    • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

    Burn Boot Camp, LLC / Kline Franchising, LLC
    DMCA Agent
    307 Gilead Rd, Huntersville, NC 28078
    [email protected]

  10. Terms of Sale: All orders for products made available on or ordered using the App are subject to this section in addition to the payment terms section above. These Terms and Conditions constitute the complete and exclusive statement of the terms governing the sale of products via the App. Your purchase of products using the App and acceptance of products as stated below manifest your agreement with this complete and exclusive statement of terms.
    Order Acceptance. Nothing on the App constitutes an offer, but an invitation to you to make an offer to purchase products. All orders are subject to acceptance by BBC. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations on quantities available for purchase; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when BBC ships the products ordered, and BBC will charge your credit or debit card upon such shipment.Shopify Terms. All orders placed through the App are subject to the applicable terms and policies of Shopify Inc., our online storefront software provider and payment processor.Shipping and Handling; Taxes. Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. BBC charges you for sales, use, and other taxes for products ordered through the App to the extent required by law.Availability. The prices and availability of products made available on the App may change at any time without notice to you. Prices remain valid while they are listed and offered on the App. Prices will be as posted on the App as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the App. These differences will not constitute a defect in or noncompliance of any product. Availability of products may be limited, and products may not be available for immediate delivery. Some products may not be available in certain areas. BBC is not liable for any damages you may suffer as a result of any shipment delays.Pricing. Pricing errors may occur on the App from time to time. BBC attempts to correct all pricing errors as soon as they are discovered‚ or as soon as BBC receives notice of an error but BBC is not responsible for any pricing or typographical errors. BBC reserves the right to cancel any orders containing pricing errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from BBC. Any payments you make to BBC for orders that are cancelled due to pricing errors will be refunded.Title and Risk of Loss. Title to products will pass to you when you receive the products. BBC will bear the risk of loss or damage to the products during shipment to you.

    Order Cancellations. Order cancellations are at BBC’s sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it is processed. If you wish to cancel an order, please contact our customer service department via email at [email protected] to see if we can change, cancel or correct the order before it ships.

    Return Policy. We do not allow for the return of products once shipped unless a product is damaged. If you wish to ask about returning a product, please contact our customer service department via email at [email protected]. Any product returns are solely within BBC’s discretion.

  11. Non-Payment; Collections; Dispute Resolution: If you breach these Terms and Conditions, including, without limitation, non-payment, we may refer the matter to a collection’s agency and/or an attorney and take any other actions we deem advisable to protect our interests. Should there be any disputes regarding these Terms and Conditions or any other aspect of the relationship between us which results in a legal or quasi-legal action being initiated, laws and rules of the State of North Carolina shall apply to the extent allowable. Jurisdiction and venue for any legal or quasi-legal action shall only be with a state court in Cornelius, North Carolina. Each Party will bear its own court costs and attorneys’ fees except that if there is a dispute regarding your non-payment of costs or fees or dues to us, the prevailing Party shall recover its legal costs and fees relating to that dispute, including attorneys’ fees and including any costs of collection, whether pre-litigation or otherwise. Further, you must reimburse us for the costs and fees associated with collection even if there is never a legal action / litigation.
  12. Availability: Any programs, materials, products, or services that may be mentioned on or made available through the App are subject to availability. BBC may change the programs, materials, products, and services mentioned on the App at any time without notice.
  13. Third-Party Websites: The App may link to or be linked to websites not maintained by, controlled by, or related to us. Those links are provided as a convenience and are not sponsored by or affiliated with the App or BBC. BBC is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Third-party websites are to be accessed at your own risk and BBC makes no representations or warranties about the content, completeness or accuracy of those websites. Please take care when leaving the App to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.
  14. Feedback: BBC welcomes comments regarding the App. If you submit comments or feedback to us regarding the App, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
  15. Indemnity: You agree to defend, indemnify and hold harmless us, our parents and affiliates, together with our and their respective shareholders, members, officers, directors, franchisees, employees, and agents, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the App; your breach or alleged breach of these Terms and Conditions;  your misuse of any material, data, or information downloaded or obtained from the  App; any purchase you make on the  App; your submission of any User-Generated Content; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you. You agree that BBC and our parents or affiliates will have no liability in connection with any such claims or losses.
  16. LEGAL COMPLIANCE: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the App.
  18. Disclaimer: You agree that you are using the material contained on the App at your own risk and there are no guarantees of success. To the maximum extent permitted by law, the material contained on the App are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that WE DO NOT WARRANT that the material contained on the App is fit for any particular purpose. You acknowledge that we, our parents and affiliates together with their respective shareholders, members, directors, officers, and our and their employees, representatives, and agents, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network. You acknowledge that we are not liable for any defamatory, offensive or illegal conduct or material found on the material contained on the App, including such conduct or material transmitted by any means by any other person. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR APP AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, including, without limitation, New Jersey, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
  19. Notices: To provide any notices to us, you must use an approved notice method. We will provide notices to you to the email address on file on the  App. All notices sent by email pursuant to this Section will be deemed received on the day the notice is sent, if sent during normal business hours, or the next business day, if sent after normal business hours. All notices sent by standard mail will be deemed received three (3) days after said notice is sent.
  20. Governing Law: These Terms and Conditions are governed by and interpreted pursuant to the laws of North Carolina, United States of America, without regard for its principles of conflict of law. The parties agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the state or federal courts, as applicable, located in Charlotte, North Carolina, unless otherwise agreed by the parties. You specifically consent to exclusive personal jurisdiction in Charlotte, North Carolina, in connection with any dispute between you and BBC arising out of these Terms and Conditions or pertaining to the subject matter hereof. You will not bring any action or other claim with respect to the Site more than one year after the claim arises.
  21. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury: Please read the following paragraphs carefully because they require you to arbitrate disputes with BBC and limit the manner in which you can seek relief from us.
    1. Applicability. Any dispute, claim, or controversy arising out of or relating to the App or these Terms and Conditions, including the breach, termination, enforcement, interpretation, or validity of these Terms and Conditions (together, “Disputes”), will be submitted to and resolved by binding arbitration on an individual basis as described in these arbitration terms (this “Arbitration Agreement”). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of BBC’s intellectual property or other proprietary rights, BBC may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; BBC; their respective predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the App; and any third-party beneficiaries.
    2. Arbitrator. Arbitration proceedings will be administered by the American Arbitration Association (“AAA”) before a single arbitrator chosen by agreement of the parties. If the parties fail to reach agreement on the arbitrator within 30 days after service of the demand for arbitration, the arbitrator will be chosen by the AAA. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Each party will bear its own expenses and fees (including its own attorneys’ fees and costs) arising from any arbitration unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse BBC for certain fees and expenses in accordance with the applicable AAA rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
    3. Place; Federal Arbitration Act. The seat of the arbitration shall be Charlotte, Mecklenburg County, North Carolina, unless otherwise agreed to in writing by all parties to the arbitration. Judgment upon any award rendered in any such arbitration may be entered in a court of competent jurisdiction. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
    4. Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
    5. Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
  22. Interpretation: These Terms and Conditions, including our Privacy Policy and EULA, constitute the entire agreement between you and BBC relating to your On-Demand Membership via the  App (including your purchase of products using the App). BBC’s failure to enforce any provision of these Terms and Conditions will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by BBC. If any part of these Terms and Conditions is held unlawful, void or unenforceable, that part will be severed from the remaining provision and the remaining provisions will remain in full force and effect. The headings in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions. These Terms and Conditions inure to the benefit of BBC’s successors and assigns.
  23. Assignment: You may not assign your On-Demand Membership or account in whole or in part without our prior written consent. There are no restrictions on our ability to assign any On-Demand Membership or account.
  24. Survival: Any provisions of these Terms and Conditions that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms and Conditions or of your access to or use of the App.
  25. Electronic Communications: These Terms and Conditions and any other documentation, agreements, notices, or communications between you and BBC may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
  26. California Users.  Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
  27. Contact: Please direct any questions and concerns regarding these Terms and Conditions to us by email at [email protected], or by mail at Kline Franchising, Inc., d/b/a Burn Boot Camp, 307 Gilead Road, Huntersville, North Carolina 28078.