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GET SOME STREAM TERMS


Last Updated March 17th 2020

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Get Some Fitness Club LLC (dba GET SOME FITNESS) (together with our affiliates, “GET SOME FITNESS, GET SOME FITNESS CLUB”, “we”, or “us”) provides a bricks and mortar and online fitness community and related products, services, content and features through the GET SOME FITNESS CLUB website located at https://www.getsomefitness.com, including subdomains (collectively, the “Site”), the interface on the interactive-enabled GET SOME FITNESS CLUB through which our services are accessed (the “Device”) and through mobile and desktop applications (including iOS and Android applications) (the “Application”) and GET SOME FITNESS CLUB-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter) (collectively, the “GET SOME FITNESS CLUB Service”). By registering as a member or by visiting, browsing, or using the GET SOME FITNESS CLUB Service in any way, you (as a “user”) accept these Terms of Service (the “Agreement”), which forms a binding agreement between you and GET SOME FITNESS CLUB.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 21). PLEASE READ THIS CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 21 BELOW, BY ENTERING INTO THIS AGREEMENT YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND GET SOME FITNESS CLUB WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you do not wish to be bound by this Agreement, you may not access or use the GET SOME FITNESS CLUB Service. Certain elements of the GET SOME FITNESS CLUB Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the GET SOME FITNESS CLUB Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY GET SOME FITNESS CLUB IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, GET SOME FITNESS CLUB will make a new copy of the Terms of Service available at the Site and within the Application and any new supplemental terms will be made available from within, or through, the affected GET SOME FITNESS CLUB Service on the Site or within the Application.  We will also update the “Last Updated” date at the top of the Terms of Service. If we make any material changes, and you have a Subscription with us (as defined in Section 4), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Site, the Application and/ or GET SOME FITNESS CLUB Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing members with Subscriptions, provided that any material changes shall be effective for such members who have a Subscription with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to such members.  GET SOME FITNESS CLUB may require you to provide consent to the updated Agreement in a specified manner before further use of the Site, the Application and/ or the GET SOME FITNESS CLUB Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site, the Application and/or the GET SOME FITNESS CLUB Service. Otherwise, your continued use of the Site, the Application and/or GET SOME FITNESS CLUB Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

1. WHO MAY USE THE GET SOME FITNESS CLUB SERVICE

You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register with and use the GET SOME FITNESS CLUB Service. Minors between the ages of 13 and 18 years old that can safely use the GET SOME FITNESS CLUB Service may participate in certain aspects of the GET SOME FITNESS CLUB Service provided that they do so under their parent’s or legal guardian’s supervision and that such parent or legal guardian agrees to be bound by this Agreement.  If you are a parent or legal guardian of a user under the age of 18 (or the applicable age of legal majority), you agree to be fully responsible for the acts and omissions of such user in connection with the GET SOME FITNESS CLUB Service. The GET SOME FITNESS CLUB Service is intended for use in the U.S. only. 

We may, in our sole discretion, refuse to offer the GET SOME FITNESS CLUB Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to this Agreement, and the right to access and use the GET SOME FITNESS CLUB Service is revoked where this Agreement or use of the GET SOME FITNESS CLUB Service is prohibited or conflicts with any applicable law, rule or regulation.

2. LICENSE TO USE THE GET SOME FITNESS CLUB SERVICE

License. Subject to your compliance with this Agreement, GET SOME FITNESS CLUB grants you a limited, non-transferable, non-exclusive, revocable license to access and use the GET SOME FITNESS CLUB Service for your own personal, non-commercial use and for no other purpose whatsoever. This license includes the right to view content available on the GET SOME FITNESS CLUB Service. This license is personal to you and may not be assigned or sublicensed to anyone else.

Music streamed through the GET SOME FITNESS CLUB companion application is powered by third party services. There is no affiliation, connection, association or endorsement of the products, goods or services displayed on this page by the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through third party Players.

Subject to your compliance with the Agreement, GET SOME FITNESS CLUB grants you a limited, non-transferable, non-exclusive, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal, non-commercial use and for no other purpose whatsoever.  Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. 

Restrictions. Except as expressly permitted in writing by an authorized representative of GET SOME FITNESS CLUB, you will not use the GET SOME FITNESS CLUB Service except as expressly authorized under this Agreement, and you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the GET SOME FITNESS CLUB Service, nor will you take any measures to interfere with or damage the GET SOME FITNESS CLUB Service, nor will you use the GET SOME FITNESS CLUB Service (or any component thereof) to create any product or technology that competes with the GET SOME FITNESS CLUB Service (or any component thereof). You will not download and/or install any third party software and/or application on the Device that is not expressly permitted by GET SOME FITNESS CLUB in writing. All rights not expressly granted by GET SOME FITNESS CLUB in this Agreement are reserved.

3. PRIVACY

Our Privacy Policy forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.

4. MEMBERSHIP REQUIREMENTS REGISTRATION

To enjoy full access to the GET SOME FITNESS CLUB Service, you must register as a member of the GET SOME FITNESS CLUB Service and enter into a subscription agreement for access to our live and on-demand classes, one-on-one training sessions with a personal trainer, content and features (a “Subscription”). Your Subscription is governed by the Subscription Terms and Conditions. You must provide complete and accurate registration information to GET SOME FITNESS CLUB when signing up for a Subscription, complete the Subscription process, and notify us if any of your information changes.

Profile Information and Picture. You may not use someone else’s name, or any name, location or other public profile information (including your picture) that violates any third party rights or that is offensive, obscene or otherwise objectionable (in GET SOME FITNESS CLUB’s sole discretion).

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the GET SOME FITNESS CLUB Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately at contact@getsomefitness.com.

5. MEMBERSHIP STRUCTURE AND FEES

GET SOME FITNESS CLUB will provide information on our then-current Subscription requirements on the GET SOME FITNESS CLUB Site and/or by other means through the GET SOME FITNESS CLUB Service. Features and prices are subject to change.

6. SALE AND DELIVERY OF PRODUCTS 

GET SOME FITNESS CLUB accepts orders for the GET SOME FITNESS CLUB equipment, including the Device, wall mount or stand, fitness equipment, heart rate monitor, apparel or accessories that we may offer through the GET SOME FITNESS Site. Unfortunately, availability of products cannot be guaranteed. Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the U.S. shipping address you provide. We may cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products. We may send an acknowledgment of receipt of your order and/or proof of purchase information through the GET SOME FITNESS CLUB Site or to your email address after your payment has been processed. 

If you are not purchasing the GET SOME FITNESS CLUB Service for use by residents in a single household, and are instead purchasing the GET SOME FITNESS CLUB Service on behalf of or for the benefit of a commercial entity and its customers, residents or other users at a single physical location (e.g., a gym, hotel, or apartment, condo or similar building), you will be deemed and considered a “Commercial Buyer”). If you are a Commercial Buyer, in addition to this Agreement, your purchase of the GET SOME FITNESS CLUB Service (including the Device and Subscription) is governed by the Commercial Program. The Commercial Program may require Commercial Buyers to purchase a Commercial Subscription, depending on the number of unique users that may access the GET SOME FITNESS CLUB Service you have purchased. If you violate the terms of the Commercial Program or this Agreement (including the Subscription Terms and Conditions), the Limited Warranty will be automatically voided and GET SOME FITNESS CLUB may suspend, disable, or delete your account and your (and the users accessing the GET SOME FITNESS CLUB Service under your account) ability to access the GET SOME FITNESS CLUB Service. 

Every Device purchase includes installation of the Device by a certified GET SOME FITNESS CLUB technician.  YOU ACKNOWLEDGE AND AGREE, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, GET SOME FITNESS CLUB IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE INCURRED DURING, OR AS A RESULT OF THE INSTALLATION OF THE DEVICE BY A GET SOME FITNESS CLUB TECHNICIAN OR ANY OTHER INSTALLER. 

While we cannot require you to allow our installers access to your property, ANY INSTALLATION OF THE DEVICE BY NON-GET SOME FITNESS CLUB APPROVED INSTALLERS, OR USE OF THE DEVICE IN A NON-FIXED MANNER, WILL VOID THE LIMITED WARRANTY.

IF YOU REFUSE INSTALLATION BY GET SOME FITNESS CLUB TECHNICIANS, YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL RISK OF INJURY OR DEATH TO YOURSELF OR OTHERS AND DAMAGE TO THE DEVICE AND PROPERTY OF ANY NATURE CAUSED BY, OR RESULTING FROM, ANY NON-GET SOME FITNESS CLUB INSTALLATION.

GET SOME FITNESS CLUB will not provide any refund or reduction in fees paid for the Device or the Subscription for refused installation offered by GET SOME FITNESS CLUB.

Any attempt to relocate the Device creates a risk of injury and property damage. If you wish to relocate the Device after its initial installation, we recommend that you contact a preferred GET SOME FITNESS CLUB logistics provider. Feel free to email us at contact@getsomefitness.com and we will respond to you as soon as we are able with such contact information.

YOU ACKNOWLEDGE AND AGREE THAT ANY DEVICE THAT HAS BEEN RELOCATED AFTER ITS INITIAL INSTALLATION, BY ANYONE OTHER THAN A CERTIFIED GET SOME FITNESS CLUB TECHNICIAN, OR A PREFERRED GET SOME FITNESS CLUB LOGISTICS PROVIDER, IS NO LONGER SUBJECT TO THE LIMITED WARRANTY AND SUCH LIMITED WARRANTY IS VOID UPON SUCH RELOCATION OF THE DEVICE. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY SUCH RELOCATION OF THE DEVICE, EVEN IF PERFORMED BY A CERTIFIED GET SOME FITNESS CLUB TECHNICIAN OR A PREFERRED GET SOME FITNESS CLUB LOGISTICS PROVIDER IS SUBJECT TO YOUR AGREEMENT WITH THE TECHNICIAN/PROVIDER (INCLUDING THE FEES CHARGED BY THE TECHNICIAN/PROVIDER), AND NOT WITH GET SOME FITNESS CLUB. ACCORDINGLY, GET SOME FITNESS CLUB SHALL HAVE NO, AND HEREBY DISCLAIMS ALL, LIABILITY OF ANY KIND WITH RESPECT TO ANY RELOCATION OF THE DEVICE, INCLUDING ALL LIABILITY RELATING TO ANY INJURY OR DEATH TO YOURSELF OR OTHERS, AND DAMAGE TO THE DEVICE OR ANY PROPERTY OF ANY NATURE. GET SOME FITNESS CLUB will not provide any refund or reduction in fees paid for the Device or the Subscription for any Device that has been relocated after its initial installation.

Any attempt to repair the Device creates a risk of injury and property damage. YOU ACKNOWLEDGE AND AGREE THAT GET SOME FITNESS CLUB IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE INCURRED DURING, OR AS A RESULT OF, ANY REPAIR OR ATTEMPTED REPAIR OF A DEVICE BY ANYONE OTHER THAN A CERTIFIED GET SOME FITNESS CLUB TECHNICIAN. ANY REPAIR OR ATTEMPTED REPAIR BY YOU OR YOUR AGENTS ARE UNDERTAKEN AT YOUR OWN RISK AND GET SOME FITNESS CLUB WILL HAVE NO LIABILITY FOR ANY INJURY TO PERSONS OR PROPERTY ARISING FROM SUCH REPAIRS OR ATTEMPTED REPAIRS. IN ADDITION, ANY REPAIR OR ATTEMPTED REPAIR BY ANYONE OTHER THAN A CERTIFIED GET SOME FITNESS CLUB TECHNICIAN VOIDS THE LIMITED WARRANTY.

7. Term and Termination; Account Deletion

Term. This Agreement begins on the date your Device is delivered and continues as long as you have an account with us and/or continue to use the GET SOME FITNESS CLUB Service.

Termination for Breach. GET SOME FITNESS CLUB may, in GET SOME FITNESS CLUB’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted if GET SOME FITNESS CLUB determines that you have violated this Agreement or that your conduct or User Content would tend to damage GET SOME FITNESS CLUB’s reputation and goodwill. If GET SOME FITNESS CLUB deletes your account for these reasons, you may not re-register for or use the GET SOME FITNESS CLUB Service under any other user name or profile. GET SOME FITNESS CLUB may block your access to the GET SOME FITNESS CLUB Service to prevent re-registration.

Effect of Termination / Account Deletion. Upon termination of this Agreement all licenses granted by GET SOME FITNESS CLUB will terminate. The following sections survive termination: Submissions, Indemnification, Limitation of Liability, Professional Advice Disclaimer, Medical Disclaimer, Intellectual Property and all General Provisions. If your account is deleted for any reason, User Content may no longer be available and GET SOME FITNESS CLUB is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes, one-on-one personal training sessions, and any other content or features provided through the GET SOME FITNESS CLUB Service. GET SOME FITNESS CLUB, in our sole discretion, may make available a very limited amount of content or features to non-subscribers from time to time.

8. SUBMISSIONS

Any video, image, graphics, photos, text, audio recording, content, materials, information or other works that is submitted to the GET SOME FITNESS CLUB Service by or on behalf of users (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the GET SOME FITNESS CLUB Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any content that you access on or through the GET SOME FITNESS CLUB Service.

As between you and GET SOME FITNESS CLUB, you own all User Content that you submit to the GET SOME FITNESS CLUB Service. You grant GET SOME FITNESS CLUB a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the GET SOME FITNESS CLUB Service, including personal trainers (if applicable), permission to view and use your User Content for their personal, non-commercial purposes, or for purposes relating to your personal training sessions (if applicable). If you make suggestions to GET SOME FITNESS CLUB or through the GET SOME FITNESS CLUB Service about improving or adding new features or products to the GET SOME FITNESS CLUB Service or you otherwise provide feedback or testimonials, GET SOME FITNESS CLUB a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use your suggestions, feedback and testimonials without any compensation or other obligation to you.

9. CONTENT RESTRICTIONS

You may not upload, post, submit, distribute or transmit (collectively, “submit”) to any portion of the GET SOME FITNESS CLUB Service any User Content that:

  • Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit content or pornography;
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
  • Violates any law.

10. CODE OF CONDUCT

In using the GET SOME FITNESS CLUB Service, you must behave in a civil and respectful manner at all times. In addition to the restrictions in Sections 9 and 2, you will not:

  • Act in a deceptive manner by, among other things, impersonating any person;
  • Harass or stalk any other person;
  • Harm or exploit minors;
  • Distribute “spam”;
  • Collect information about others;
  • Advertise or solicit others to purchase any product or service;
  • Engage in any conduct that is offensive or illegal; or
  • Violate any other community rules or codes of conduct that GET SOME FITNESS CLUB may impose.

GET SOME FITNESS CLUB has the right, but not the obligation, to monitor all conduct on and content submitted to the GET SOME FITNESS CLUB Service. GET SOME FITNESS CLUB may alter, edit, remove, or refuse to post any content, software and/or applications, in whole or in part, in GET SOME FITNESS CLUB’s sole discretion or to satisfy or comply with applicable laws, regulations, legal processes and/or maintain the integrity and reputation of the GET SOME FITNESS CLUB Service and GET SOME FITNESS CLUB’s systems.

11. SUBSCRIBER INTERACTIONS, DEALINGS WITH THIRD PARTIES  

When interacting with other GET SOME FITNESS CLUB Subscribers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the GET SOME FITNESS CLUB Service are solely between you and such third party. You agree that GET SOME FITNESS CLUB is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

App Stores.  You acknowledge and agree that the availability of the Application and the GET SOME FITNESS CLUB Service is dependent on the third party from whom you received the Application license, e.g., the Apple App Store (the “App Store”).  You acknowledge that the Agreement is between you and GET SOME FITNESS CLUB and not with the App Store.  GET SOME FITNESS CLUB, not the App Store, is solely responsible for the GET SOME FITNESS CLUB Service, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

12. YOUR REPRESENTATIONS AND WARRANTIES

For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to GET SOME FITNESS CLUB and grant the licenses set out above; (ii) GET SOME FITNESS CLUB will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.

13. INDEMNIFICATION  

You agree to indemnify, defend, and hold harmless GET SOME FITNESS CLUB and our directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the GET SOME FITNESS CLUB Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of this Agreement.

14. THIRD PARTY SOFTWARE AND APPLICATIONS

Downloading and/or installing any third party software and/or applications that are not expressly authorized by GET SOME FITNESS CLUB on the Device or any GET SOME FITNESS CLUB hardware is strictly forbidden; any such downloading or installation is done at your own risk and will void any applicable warranty or support commitments by GET SOME FITNESS CLUB.

15. THIRD PARTY LINKS, CONTENT, AND MATERIALS

There may be links on the GET SOME FITNESS CLUB Service that let you leave the service to access a site that is operated by a third party. GET SOME FITNESS CLUB neither controls nor endorses these sites, nor has GET SOME FITNESS CLUB reviewed or approved the content that appears on them. You acknowledge that GET SOME FITNESS CLUB is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third party sites.

From time to time, GET SOME FITNESS CLUB may supply you with third-party equipment, including, but not limited to Wi-Fi extenders, Wi-Fi hotspots, and mobile devices.  This equipment is supplied as a courtesy to you and GET SOME FITNESS CLUB neither controls or endorses this equipment. GET SOME FITNESS CLUB is not responsible for any damage, loss, injury or other matters of any sort incurred or caused or alleged to be incurred or caused by or in connection with the use of such third-party equipment.

16. DISCLAIMERS

GET SOME FITNESS CLUB may update, add to, enhance, modify, remove or alter any content or features of the GET SOME FITNESS CLUB Service at any time, in our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the GET SOME FITNESS CLUB Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the GET SOME FITNESS CLUB Service. 

GET SOME FITNESS CLUB provides the GET SOME FITNESS CLUB Service on an “AS IS” and “AS AVAILABLE” basis. You use the GET SOME FITNESS CLUB Service at your own risk. No advice or information provided by GET SOME FITNESS CLUB or a GET SOME FITNESS CLUB instructor or personal trainer will create any warranty not expressly made herein.  Other than as expressly provided in writing by GET SOME FITNESS CLUB in connection with your purchase of a GET SOME FITNESS CLUB product (for example, the Device), GET SOME FITNESS CLUB expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law with respect to the GET SOME FITNESS CLUB Service. Without limiting the foregoing, GET SOME FITNESS CLUB makes no representations or warranties:

  • That the GET SOME FITNESS CLUB Service is or will be permitted in your jurisdiction;
  • That the GET SOME FITNESS CLUB Service will be uninterrupted or error-free;
  • That the GET SOME FITNESS CLUB Service will function properly outside the U.S.;
  • Concerning any content, including User Content;
  • Concerning any third party’s use of User Content that you submit;
  • That the GET SOME FITNESS CLUB Service will meet your personal or professional needs;
  • That GET SOME FITNESS CLUB will continue to support any particular feature of the GET SOME FITNESS CLUB Service;
  • Concerning sites and resources outside of the GET SOME FITNESS CLUB Service, even if linked to from the GET SOME FITNESS CLUB Service; or
  • Third-party equipment provided by GET SOME FITNESS CLUB.

To the extent that another party may have access to or view content on your Device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE GET SOME FITNESS CLUB SERVICE, AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD.

17. LIMITATION OF LIABILITY

To the fullest extent permitted by law: (i) GET SOME FITNESS CLUB will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) GET SOME FITNESS CLUB’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to GET SOME FITNESS CLUB over the three (3) months preceding the date your first claim(s) arose.  If you live in a jurisdiction that does not allow certain exclusions or limitations of liability, the above exclusions or limitations may not apply to you. To the extent that one or any aspect of GET SOME FITNESS CLUB’s limitations set forth above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between GET SOME FITNESS CLUB and you.

18. PROFESSIONAL ADVICE DISCLAIMER / MEDICAL DISCLAIMER

Professional Advice Disclaimer. THE GET SOME FITNESS CLUB SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA THE GET SOME FITNESS CLUB SERVICE, INCLUDING INFORMATION AND PROGRAMS TAILORED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE GET SOME FITNESS CLUB SITE OR GET SOME FITNESS CLUB SERVICE OR COMMUNICATED TO YOU THROUGH THE GET SOME FITNESS CLUB SITE OR GET SOME FITNESS CLUB SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE GET SOME FITNESS CLUB SERVICE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE GET SOME FITNESS CLUB SITE OR AVAILABLE THROUGH ANY GET SOME FITNESS CLUB SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE GET SOME FITNESS CLUB SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND GET SOME FITNESS CLUB MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE GET SOME FITNESS CLUB SITE OR IN THE GET SOME FITNESS CLUB SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE GET SOME FITNESS CLUB SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

Medical Disclaimer. In Subscribing to or otherwise using the GET SOME FITNESS CLUB Service, you affirm that either your physician has approved your use of the GET SOME FITNESS CLUB Service or that 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 month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion; (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 (viii) you do not know of any other reason you should not exercise. You are responsible for providing accurate information and disclosing any health or medical issues.  All one-on-one training sessions are tailored based on the information you provide. 

GET SOME FITNESS CLUB may refuse or cancel your membership or deny you access to a GET SOME FITNESS CLUB Service if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

19. INTELLECTUAL PROPERTY

You acknowledge that the GET SOME FITNESS CLUB Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All GET SOME FITNESS CLUB-generated content, and content provided to GET SOME FITNESS CLUB by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and GET SOME FITNESS CLUB, GET SOME FITNESS CLUB owns a copyright in the selection, coordination, arrangement and enhancement of all content in the GET SOME FITNESS CLUB Service. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the GET SOME FITNESS CLUB Service, you may download copies of applications associated with the GET SOME FITNESS CLUB Service to devices you own or control for your personal, non-commercial use of the GET SOME FITNESS CLUB Service and for no other purpose whatsoever, provided you keep intact all copyright and other proprietary notices. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the GET SOME FITNESS CLUB Service, GET SOME FITNESS CLUB hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the GET SOME FITNESS CLUB Service for your personal, non-commercial use of the GET SOME FITNESS CLUB Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the GET SOME FITNESS CLUB Service, including use of any such content on any other website or networked computer environment, is strictly prohibited.

The GET SOME FITNESS CLUB name, logos and affiliated properties, designs and marks are the exclusive property of GET SOME FITNESS CLUB and/or our affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the GET SOME FITNESS CLUB Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.  You may not represent yourself to be an authorized reseller of the GET SOME FITNESS CLUB Service, or suggest any endorsement or partnership with GET SOME FITNESS CLUB without our express prior written consent. If you plan to use the GET SOME FITNESS CLUB in connection with any commercial activity (aside from the individual sale of a GET SOME FITNESS CLUB by a consumer who purchased the GET SOME FITNESS CLUB for personal use), you must receive prior consent from GET SOME FITNESS CLUB. GET SOME FITNESS CLUB reserves the right to request any changes or removal of the GET SOME FITNESS CLUB displayed in any commercial setting (e.g., an auction, showroom, conference, live demonstration, event, etc.).

Any other trademarks appearing on the GET SOME FITNESS CLUB Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the GET SOME FITNESS CLUB Service. All rights not expressly granted in this Agreement are reserved.

20. COPYRIGHT / DMCA POLICY

GET SOME FITNESS CLUB respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party copyright or other intellectual property rights.

GET SOME FITNESS CLUB will promptly remove materials from the GET SOME FITNESS CLUB Site and GET SOME FITNESS CLUB Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, GET SOME FITNESS CLUB may, when appropriate, terminate the accounts of repeat copyright infringers.

Filing a DMCA Notice to Remove Copyrighted Content – for Copyright Holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. Your name, address, telephone number, and email address.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where on the GET SOME FITNESS CLUB Site the material that you claim is infringing may be found, sufficient for GET SOME FITNESS CLUB to locate the material (e.g., the URL).
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  6. Your electronic or physical signature.

You may submit this information, or any counternotice, via:

  • Email, with the subject line “DMCA Notices” to: contact@getsomefitness.com
  • Offline:

Curiouser Products Inc.

31119 Greenfield Road

Suite E

Beverly Hills, MI 48025

Attn: Legal at Get Some Fitness Club LLC 

GET SOME FITNESS CLUB may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

21. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration. YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE GET SOME FITNESS CLUB SERVICE, AND/OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN EFFECT AT THE TIME OF DISPUTE, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE EQUITABLE RELIEF IN ANY U.S. COURT HAVING JURISDICTION TO PROTECT AGAINST AN INFRINGEMENT OR MISAPPROPRIATION OF THAT PARTY’S INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Small Claims Court. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules and within such court’s jurisdiction, unless the action is transferred, removed or appealed to a different court. You may bring such claims only on your own behalf.

Class Action Waiver. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision is governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within 160 days of filing, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.

Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with your relationship with us, including the use of the GET SOME FITNESS CLUB Service or this Agreement, must be filed within one year after such claim or cause of action arose or be forever banned.

Opt-Out. If you do not wish to be bound by the arbitration and class action waiver provisions in this Section 21, you must notify us in writing within 30 days of the date that you first use the GET SOME FITNESS CLUB Service or 30 days from the date this Section 21 was last updated (unless a longer period is required by applicable law). Your written notification must include your name and mailing address, your username and the email address you used to set up your GET SOME FITNESS CLUB account (if you have one), and a statement that you do not wish to resolve disputes with us through arbitration and demonstrating compliance with the 30-day time limit to opt out. You must mail your opt-out notice to this address: GET SOME FITNESS CLUB LLC, Attn: Dispute Resolution Opt-out, 31119 Greenfield Road Beverly Hills, MI 48025. If you do not notify us in accordance with this Section 21, you agree to be bound by the arbitration and class-action waiver provisions set out above, including any revisions we make to this Agreement after the date of your acceptance. If we make any changes to this Section (other than a change to the address at which we will receive notices), you may reject the change by sending us written notice to the above address within 30 days of the effective date of the change. Any opt-out notice affects only this Agreement and not any other agreements between you and us.

Fees. Your arbitration fees will be limited to those fees set forth in the JAMS Rules for Arbitration of Consumer-Related Disputes with the remainder paid by GET SOME FITNESS CLUB.

Survival. This Section 21 will survive the termination of your relationship with us. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable under applicable law, then such provisions will be null and void and severed from this Agreement.

22. GOVERNING LAW  

This Agreement will be governed by the laws of the State of Michigan, United States of America, without regard to principles of conflicts of law that would require a different result. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply. Subject to the foregoing agreements in Section 21, any other action arising out of or relating to this Agreement or your use of the GET SOME FITNESS CLUB Service must be commenced in the state or federal courts located in Michigan, United States of America, and you consent to the jurisdiction of those courts.

23. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES  

Headings are for convenience only and will not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by GET SOME FITNESS CLUB in exercising any right hereunder will waive any further exercise of that right. GET SOME FITNESS CLUB’s rights and remedies hereunder are cumulative and not exclusive.

24. SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES  

This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer this Agreement without GET SOME FITNESS CLUB’s prior written consent. No third party has any rights hereunder. GET SOME FITNESS CLUB may assign our rights, obligations and/or this Agreement at any time in our sole discretion without notice to you.

25. NOTICES  

You consent to receive all communications including notices, agreements, disclosures, or other information from GET SOME FITNESS CLUB electronically. GET SOME FITNESS CLUB may communicate by email or by posting to the GET SOME FITNESS CLUB Service. For support-related inquiries, you may email contact@getsomefitness.com. For all other notices to GET SOME FITNESS CLUB, write to the following address:

Get Some Fitness

31119 Greenfield Road

Beverly Hills, MI 48025

Attn: Legal at Get Some Fitness Club LLC

Nothing in this Agreement or otherwise limits GET SOME FITNESS CLUB’s right to object to subpoenas, claims, or other demands.

26. ENTIRE AGREEMENT  

This Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the GET SOME FITNESS CLUB Site from time to time:

If there is a conflict between any policies posted on the GET SOME FITNESS CLUB Service and the terms of this Agreement, the terms of this Agreement will control. This Agreement represents the entire understanding between GET SOME FITNESS CLUB and you and supersedes all prior agreements and understandings regarding the same.

28. ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(a)        You acknowledge and agree that (i) the Agreement is concluded between you and GET SOME FITNESS CLUB only, and not Apple, and (ii) GET SOME FITNESS CLUB, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b)       You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c)        In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between GET SOME FITNESS CLUB and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GET SOME FITNESS CLUB.

(d)       You and GET SOME FITNESS CLUB acknowledge that, as between GET SOME FITNESS CLUB and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e)        You and GET SOME FITNESS CLUB acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between GET SOME FITNESS CLUB and Apple, GET SOME FITNESS CLUB, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

(f)        You and GET SOME FITNESS CLUB acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g)       Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

27. ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(a)        You acknowledge and agree that (i) the Agreement is concluded between you and GET SOME FITNESS CLUB only, and not Apple, and (ii) GET SOME FITNESS CLUB, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b)       You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c)        In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between GET SOME FITNESS CLUB and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GET SOME FITNESS CLUB.

(d)       You and GET SOME FITNESS CLUB acknowledge that, as between GET SOME FITNESS CLUB and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e)        You and GET SOME FITNESS CLUB acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between GET SOME FITNESS CLUB and Apple, GET SOME FITNESS CLUB, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

(f)        You and GET SOME FITNESS CLUB acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g)       Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

SUBSCRIPTION TERMS AND CONDITIONS

By purchasing a GET SOME FITNESS CLUB Subscription (a “Subscription”) you agree to the following terms and conditions, which supplement and form a part of the GET SOME FITNESS CLUB Terms of Service (the “Terms”). Capitalized terms not defined here have the meanings given to them in the Terms.

IF YOU SUBSCRIBE TO THE SERVICES FOR THE COMMITMENT PERIOD (AS DEFINED BELOW), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A MONTHLY BASIS AT THE EXPIRATION OF THE COMMITMENT PERIOD AT COMPANY’S THEN-CURRENT SUBSCRIPTION PRICE FOR SUCH SUBSCRIPTION UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE  TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW.

1. SUBSCRIPTION COVERAGE AND BILLING CYCLE

Subscriptions. By purchasing a Subscription you will get full access to all of GET SOME FITNESS CLUB’s available classes, content, and features on the Device (and via the GET SOME FITNESS CLUB mobile application (the “GET SOME FITNESS CLUB App”) as applicable) to which the Subscription is entitled for as long as the Subscription remains active. For clarity, one-on-one personal training sessions are not included in the base Subscription and may be purchased as described below.  The account holder of the Subscription will be the person who activated the Subscription (the “Subscription Holder”). Subscription Holders may possess one or more Subscriptions.

Subscription Coverage. Other residents in the same household will have the same access to GET SOME FITNESS CLUB’s content via the Device as the Subscription Holder. Alternatively, if you are not purchasing the GET SOME FITNESS CLUB Service for use by residents in a single household, and are instead purchasing the GET SOME FITNESS CLUB Service on behalf of or for the benefit of a commercial entity and its customers, residents or other users at a single physical location (e.g., a gym, hotel, or apartment, condo or similar building), you will be deemed and considered a “Commercial Buyer”. If you are a Commercial Buyer, your customers, residents, or other users that you authorize to access and use the GET SOME FITNESS CLUB Service under your account in accordance with the terms of your Subscription will have the same access to GET SOME FITNESS CLUB’s content via the Device as the Subscription Holder. The Subscription Holder will be solely responsible for all activity occurring under the Subscription, including that of any individuals accessing and using the Subscription under the Subscription Holder’s account and Subscription, and their compliance with the Agreement.

Billing Cycle. All Subscriptions recur until they are cancelled in accordance with the terms below. Billing occurs at the beginning of the Subscription cycle and provides unlimited access for one month thereafter (or such longer time as is associated with the Commitment Period as defined below).

2. ACCOUNT REGISTRATION

You can register by successfully completing a Device purchase, or by creating an account on the GET SOME FITNESS CLUB Site or GET SOME FITNESS CLUB App, as further described in the Terms. All information provided in connection with your account must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up to date and must provide changes promptly via the “Account” page in the GET SOME FITNESS CLUB Service. GET SOME FITNESS CLUB’s use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR 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.

3. COMMITMENT PERIODS

Commitment Period. When you first sign up for a Subscription you may agree to a specific price and plan, which may include a commitment period term of one or more years and a requirement to prepay the applicable fees for such time (“Commitment Period”). You agree to maintain your Subscription for the applicable Commitment Period. The price available with your plan is valid until the Commitment Period expires, at which time your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Subscription level.

Other Offers. GET SOME FITNESS CLUB may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of the Agreement. Unless specified in writing, all discount offers that require a payment are non-refundable, and all free months offered are included in the Commitment Period (i.e., for a one-year Commitment Period with one free month you will pay for eleven months of the GET SOME FITNESS CLUB Service in advance). Any free 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 in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Subscription Terms.

Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal or sign up for a new Commitment Period, your Subscription will be automatically extended on the first day following any Commitment Period on a month-to-month basis, at the then-current non-promotional rate for your Subscription level. You agree that your account will be subject to this automatic renewal feature, upon the expiration of the Commitment Period and on a monthly basis after the Commitment Period, unless you cancel your subscription prior to the end of the Commitment Period or the commencement of the new subscription period, as applicable.  If you do not wish your Subscription to renew automatically, or if you wish to change or terminate your Subscription, contact us at contact@getsomefitness.com or log in and go to the “Billing” page on your “Account Settings” page.  If you terminate your Subscription during the Commitment Period or any then-current term, you may use your Subscription until the end of the Commitment Period or then-current term and your Subscription will not be renewed after the Commitment Period or then-current term expires.

4. TERMINATION OR CANCELLATION OF SUBSCRIPTION

Cancellation of Subscription. You may only cancel your Subscription after the expiration of your Commitment Period, except as described in the next paragraph. You agree that if you cancel your plan before the end of the Commitment Period, you will remain responsible for all outstanding Subscription fees (if any) for the remainder of the Commitment Period. Prepaid Amounts will not be refunded, except as described in the next paragraph.

Termination within the Refund Period. If you terminate and return your Device in accordance with our Return Policy, then any associated Subscription fees will be fully refunded to you.

Suspension/Termination by GET SOME FITNESS CLUB. GET SOME FITNESS CLUB may immediately terminate or suspend your account, and all or a portion of your Subscription, without notice if: (a) your payment is more than 15 days overdue; (b) you provide false or inaccurate information; (c) you violate the Agreement (including, if you are a Commercial Buyer, the terms of the Commercial Program, for example, by not obtaining and paying for a Commercial Subscription, if applicable); or (d) you engage in conduct that violates applicable law or that is threatening, abusive or harassing to GET SOME FITNESS CLUB employees, agents, or other GET SOME FITNESS CLUB users.

If we terminate or suspend your Subscription, your license to use the GET SOME FITNESS CLUB Service is also terminated or suspended (as applicable). If your Subscription is terminated, GET SOME FITNESS CLUB may immediately delete all data, files, and other User Content associated with your account without further notice to you. You must pay all charges through the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.

5. PAYMENT

Subscription Holders agree to pay the monthly fee specified when you purchased your Device and/or signed up for a Subscription, and, if applicable, the one-time fee specified when you purchased your Session (as defined below). If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern 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 Subscription reaffirms that we are authorized to charge you for that Subscription. 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.

One-on-One Personal Training Sessions. Subscription Holders may purchase one-on-one personal training sessions (each, a “Session”). Purchasing a Session gives you access to a live trainer with personalized recommendations based on your fitness needs and ability. You will be charged a one-time fee for each Session you purchase. When purchasing a Session, you must confirm that we may use your previously authorized billing method, or you must enter a new billing method if your previously authorized billing method has expired. You hereby authorize us to charge your specified payment method in advance for each Session.

Billing Authorization. You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Subscription or, if applicable, your Session – your authorizations in this section also apply to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for the Subscription and/or to place a hold on your payment method with respect to any unpaid charges for Subscriptions or Sessions. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Subscription Terms shall be accepted as authorization to the issuer of the payment provider to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to 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 any time the information you previously provided is no longer valid. You acknowledge and agree that neither GET SOME FITNESS CLUB, nor any GET SOME FITNESS CLUB agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Subscription Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

Automatic Renewals. You will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period and you are committed to pay all monthly payments within the Commitment Period.  Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that we may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

Third-Party Payment Processor. You agree to pay us, through our payment processor or financing partner (as applicable), 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 set up your account. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.

Financing Purchase. If you finance the purchase of your Subscription or a Device, you agree to abide by the terms of the financing agreement that governs your purchase, which will be provided to you separately. Unless we tell you otherwise at the time of purchase, if you finance the purchase of a Device or Subscription, your Commitment Period will be equal to the length of the financing. In addition, you agree to supply GET SOME FITNESS CLUB with a credit or debit card prior to the end of your Commitment Period, or your Subscription will terminate at the end of your Commitment Period.

Bill Inquiries and Refunds. If you believe you have been billed in error for a Subscription or a Session, please notify us within 60 days of the billing date by contacting us at contact@getsomefitness.com. GET SOME FITNESS CLUB will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.

6. Personal Training Refund Policy

You, buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with GET SOME FITNESS CLUB, or delivered in person to Get Some Fitness Club (d/b/a GET SOME FITNESS CLUB) at 31119 Greenfield Road, Suite E Beverly Hills, MI 48025

Additional Cancellation Rights:  If you, by reason of death or disability, are unable to receive all services for which you contracted, you and your estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability, and if you have prepaid any sum for services, so much of such sum as is allocable to services you have not taken shall be promptly refunded to you or your representative. In case of death, your estate must provide written evidence. In case of disability, you must prove such disability by a doctor’s certificate.  If at any time during the term of this agreement, GET SOME FITNESS CLUB eliminates or substantially reduces the scope of the services that are described in this agreement and that were available upon execution of the agreement, you may cancel the contract and receive a pro rata refund on the terms indicated above, except that GET SOME FITNESS CLUB reserves the right to make reasonable changes to the type or quantity of services offered.

 Within 10 days after receipt of the notice of cancellation, you will receive a refund of any unused classes