You desire to use, purchase, view, undertake, consume and/or otherwise engage with (any and all of which, without limitation, constitute “use” and/or “using”) products, services, content and features through the website carriefitness.com and related websites owned by us, if any (the “Carrie Fitness Site”) and, now or in the future, through mobile or device applications (“App” or “Apps,” where, if no Apps currently exist, such terms herein exclusively applicable to Apps shall be of no current force or effect, and such terms exclusively applicable to Apps shall apply and automatically come into force and effect when, and only when, such Apps exist and at all times thereafter) and Carrie Fitness-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter), and the features, functionalities, services, products and content made available directly or indirectly by or through the Carrie Fitness Site including without limitation any advice, information, workouts, routines, maneuvers, activities, exercises, regimens, practices, personal trainers, nutritional plans, foods, recipes, personal chefs, accommodations, products offered for sale or sold, recommendations or feedback regarding the products or services of others, aesthetic services and any and all other materials, which Carrie Fitness Sites and Apps, along with the Carrie Fitness-controlled social media pages, are collectively called the “Services” of Carrie Fitness Interactive, LLC (“Company,” “we” or “us”). In consideration of being permitted by Company to use the Services, the receipt and sufficiency of which is mutually acknowledged, you agree to all the terms and conditions set forth in this agreement with Company (this “Release”).
THIS RELEASE IS SUBJECT TO A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 20 OF THE TERMS OF SERVICE). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 OF THE TERMS OF SERVICE, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND CARRIE FITNESS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. DISCLAIMER OF LIABILITY. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR RESPONSIBILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
2. Not Medical Advice. We are not a healthcare facility or medical provider. The Services are provided, offered or otherwise made available for general informational purposes only. Nothing in the Services constitutes medical advice. The Services are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for professional medical advice. You acknowledge that you should meet and consult with your physician on a regular basis and seek your physician’s advice before using any of our Services, for any concerns regarding your health, well-being, fitness regimen or other physical concern and for any diagnosis of specific a medical condition.
3. Your Health and Compliance. You confirm that you are in good health and proper physical condition and do not have any medical or other conditions that would impair your ability to use the Services. You will comply with all federal, state, and local laws, orders, directives, and guidelines related to using the Services. You will also follow all instructions, recommendations, and cautions of Company at all times when using the Services. If at any time you believe conditions to be unsafe, that you are no longer in proper physical condition to use the Services you will immediately discontinue further use of the Services. You acknowledge that Company is relying on these statements to allow you to use the Services.
4. ASSUMPTION OF RISK AND RESPONSIBILITY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS AND MAY INVOLVE ATHLETIC AND RECREATIONAL ACTIVITIES, INCLUDING PHYSICAL EXERCISE AND PERSONAL TRAINING, WHICH CAN BE HAZARDOUS AND PRESENT SIGNIFICANT RISKS TO YOUR PERSONAL HEALTH AND SAFETY, AND THAT THE USE OF THE SERVICES MAY INVOLVE RISKS AND DANGERS OF PROPERTY DAMAGE, ADVERSE MEDICAL EVENTS AND/OR SERIOUS OR CATASTROPHIC BODILY INJURY INCLUDING, BUT NOT LIMITED TO, ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS (THE “RISKS”). YOU ACKNOWLEDGE THAT THESE RISKS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF COMPANY EMPLOYEES OR OTHERS. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITIES, INCLUDING BUT NOT LIMITED TO RISKS AND RESPONSIBILITIES ASSOCIATED WITH YOUR USE OF THE SERVICES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF COMPANY OR OTHERWISE.
5. Indemnification. You agree on behalf of yourself and all your personal representatives, heirs, executors, administrators, agents and assigns (collectively the “Indemnitors”) to release and discharge Company and Company’s its officers, employees, agents, independent contractors, representatives, members, managers, parents, subsidiaries, affiliates, successors and assigns, and any of their officers, employees, agents, independent contractors, representatives, members, managers, parents, subsidiaries, affiliates, successors and assigns (collectively the “Indemnitees”) from any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by any and all claims or causes of action (known or unknown) arising out of or resulting from any claim of a third-party related to use of the Services, including any claim related to your, or any other Indemnitors’, own negligence, or the ordinary negligence of Company, of any of the Indemnitees.
6. General. This Release is subject to the provisions for mandatory arbitration, governing law, jurisdiction, interpretation, severability, waiver, remedies other terms in Sections 20-26 of the Terms of Service. The disclaimers, releases, indemnification provisions and other rights of Company in Release are in addition to, and not instead of, such disclaimers, releases and indemnification provisions in the Terms of Service, and nothing herein or therein shall diminish Company’s rights with respect thereto, and Company has the right to elect such remedies and enforce such rights as Company may from time to time choose, without waiver or release of any other remedy or right at that time or at any time thereafter. This Release is binding on and shall inure to the benefit of Company and you and our respective heirs, successors, and assigns.